HomeMy WebLinkAbout2026-04-07 Town Council Evening Meeting Agenda and Supporting Documentation1.Call to Order (6:00pm)
2.Proclamation (6:00pm)
2.1 Proclamation No. 1, Series of 2026 National Donate Life
Month
5 min.
Read Proclamation into record.
Presenter(s): Barry Davis, Mayor
Background: April is National Donate Life Month. The goal is to
raise awareness about organ, eye, and tissue donation,
encourage Americans to register as donors and honor those
that have saved and healed lives through the gift of donation.
3.Any Action as a Result of Executive Session
4.Public Participation (6:05pm)
4.1 Public Participation (10 mins.)
5.Appointments for Boards and Commissions (6:15pm)
5.1 Building Fire Code and Appeals Board (BFCAB)
Appointments
Move to reappoint Brandon Chalk, Rollie Kjesbo, Mark Muller
and Steven Loftus to service on the BFCAB for a two-year
term, ending March 31, 2028.
5.2 Planning and Environmental Commission (PEC)
Appointments
Motion to approve Bill Jensen, Kathryn Middleton, John
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_8TXxuiKCRjCK6TPoAjs2WA
6:00 PM, April 7, 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.
2026-01 National Donate Life Month.docx
public participation.pdf
1
Rediker and Lauren Wallace to service on the PEC for a two-
year term, ending on March 31, 2028.
6.Consent Agenda (6:15pm)
6.1 March 3, 2026 TC Meeting Minutes
6.2 March 17, 2026 TC Meeting Minutes
6.3 Resolution No. 10, Series of 2026, A Resolution Approving
an Amended Operating Plan and Budget of the Vail Local
Marketing District, for its Fiscal Year January 1, 2026
through December 31, 2026
Approve, approve with amendments, or deny Resolution No.
10, Series of 2026.
Background: The Vail Local Marketing District requests
approval or approval with changes to the proposed
supplemental budget, which will be increasing expenditures.
6.4 Resolution No. 11, Series of 2026, A Resolution Approving
A State of Colorado Subaward Agreement between the
Town of Vail and the Colorado Department of
Transportation to Receive Funding for Capital, Planning,
and Operating Assistance to Support Public
Transporation
Approve, approve with amendments, or deny Resolution No.
11, Series of 2026.
Background: The Town and the Colorado Department of
Transportation wish to enter into an agreement for the purpose
of providing grant funding for capital, planning, and operating
assistance to support public transportation
6.5 Resolution No. 12, Series of 2026, A Resolution Approving
a Revocable License Agreement between the Town of Vail
and the United States Geological Survey Regarding
Installation of a Stream Gage at Bighorn
Approve, approve with amendments, or deny Resolution No.
12, Series of 2026.
Presenter(s): Chad Salli
Background: The United States Geological Survey (USGS)
has requested to install and maintain a stream gage
monitoring station in Gore Creek at Bighorn Park. The
proposed location is just upstream from the private pedestrian
bridge across Gore Creek to the Gore Creek Meadows
condominiums. The stream gage is to be in place for a 10 year
period.
030326 TC meeting minutes.pdf
031726 TC meeting minutes.pdf
TOV Resolution No. 10, 2026.pdf
2026 VLMD 1st Supplemental Memo - TOV Version.pdf
Resolution 11 2026 CDOT_Subaward_Agreement.docx
Envelope_Created_CDOT_-_Town_of_Vail_5311_Su.pdf
Council Memo4-7-26.docx
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6.6 Contract Award to GH Daniels III and Associates for Vail
Art Studio North Lawn Landscape
Authorize Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with GH Daniels III and
Associates for the Vail Art Studio North Lawn Landscape, in an
amount not to exceed $115,000.00.
Background: The purpose of this agenda item is to request the
Town Council award a contract to GH Daniels III and
Associates for the installation of landscape improvements at
the Vail Art Studio in Ford Park.
6.7 Contract Award to Rocky Mountain Custom Landscapes,
Inc for 10th Mountain Division Memorial Landscape
Renewal
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Rocky Mountain
Custom Landscapes, Inc for the 10th Mountain Division
Memorial Landscape Renewal, in an amount not to exceed
$134,262.74.
Background: The purpose of this item is to request that the
Town Council approve a contract award to Rocky Mountain
Custom Landscapes, Inc. for landscape, irrigation, and
stonework at the 10th Mountain Memorial adjacent to the
covered bridge.
6.8 Contract Award to Schofield Excavation for 2026 Vail
Overlay
Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Schofield Excavation for
2026 Vail Overlay, in an amount not to exceed $287,300.00.
Background: This contract is for the 2026 asphalt road
resurfacing project. An asphalt mill and overlay will be
performed on Westhaven Dr, Westhaven Circle, and Greenhill
Court.
6.9 Contract Award to Structural Preservation Systems, LLC
for Structural Repairs in Lionshead and Vail Village
Parking Structures
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Preservation
Systems, LLC for Structural Repairs in Lionshead and Vail
Village Parking Structures, in an amount not to exceed
$175,000.00.
Background: The purpose of this item is to award a 2026
contract to Structural Preservation Systems, LLC to perform
construction services for structural repairs to the Lionshead
and Vail Village parking structures.
Resolution 12, 2026.pdf
TC Memo 4-7-26 - Vail Art Studio North Lawn Contract Award.pdf
TC memo 4-7-26.pdf
council memo-overlay 2026.docx
Structure Contract Award 2026.docx
3
7.Presentation/ Discussion (6:15pm)
7.1 Recommendations on Summer Parking Fees (6:15pm)30 min.
Listen to presentation and provide feedback.
Presenter(s): Tom Kassmel, Director of Public Works and
Transportation, and Stephanie Kashiwa, Parking Supervisor
Background: The purpose of this item is to provide Town
Council the Parking and Mobility Task Force recommendation
for Summer 2026 Parking Program and request Town Council
approve the recommended elements of the Summer 2026
Parking Program.
8.Action Items (6:45pm)
8.1 Permission to Proceed Vails Trails East (6:45pm)15 min.
Approve, approve with amendments, or deny permission to
proceed for Vails Trails East.
Presenter(s): Greg Roy, Planning Manager
Background: The applicant, Vail Trails East HOA, represented
by Ceres+ Landscape Architecture, is requesting approval for
permission to update the landscaping in the adjacent Tract A
parcel between Vail Trails East and Texas Townhomes. Tract
A is part of the Town of Vail Stream Tract.
8.2 Resolution No. 13, Series of 2026, A Resolution Approving
a Temporary Construction Easement between the Town of
Vail and the Eagle River Water and Sanitation District to
the Allow for the Staging of Construction Materials on
Town Owned Property (7:00pm)
10 min.
Approve, approve with amendments, or deny Resolution No.
11, Series of 2026.
Presenter(s): Chad Salli, Town Engineer
Background: Eagle River Water and Sanitation District is
planning on replacing water lines that run along the back lot
lines in the Matterhorn subdivision with a new water main in
Geneva Drive.
8.3 Ordinance No. 3, Series of 2026, First Reading, An
Ordinance Amending Chapter 11 of Title 7 of the Vail
Town Code, Concerning Waste and Recycling Collection
Vehicles in Certain Pedestrian Mall Areas (7:10pm)
10 min.
Approve, approve with amendments, or deny Ordinance No. 3,
Series of 2026 upon first reading
Presenter(s): Chief Ryan Kenny, Vail Police Department
Council Memo 04.07.26 Summer 2026 Parking Program.doc
Summer 2026 Parking - Council - 04.07.26.pptx
Council_Parking_020326.pdf
Council Memo VTE 4-7-26.pdf
Attachment A. Applicant Narrative.pdf
Council Memo4-7-26.pdf
Resolution No 13 Series 2026 ERWSD TCE.docx
ERWSD Temporary Easement Request - rev1.pdf
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Background: This item proposes to reduce pollution,
congestion, noise and related health concerns created by
waste and recycling collection vehicles in the Bridge Street
portion of the Town's pedestrian mall area.
8.4 Ordinance No. 4, Series of 2026, First Reading, An
Ordinance Making Budget Adjustments to the Town of
Vail General Fund, Capital Projects Fund, Internal
Employee Housing Rental Fund, Timber Ridge Fund,
Health Insurance Fund, and Dispatch Services Fund of the
2026 Budget for the Town of Vail, Colorado; and
Authorizing the Said Adjustments as Set Forth Herin; and
Setting Forth Details in Regards Thereto (7:30pm)
30 min.
Approve, approve with amendments, or deny Ordinance No. 4,
Series of 2026 upon first reading.
Presenter(s): Carlie Smith, Finance Director and Jake Shipe,
Budget Analyst
9.Adjournment 8:00pm (estimate)
garbagetrucks.docx
Waste and Recycling Vehicles-O032526.docx
2026 1st Supplemental Budget - Memo.pdf
Ord #4 - 1st Supp 2026 1st Reading.pdf
2026 1st Supplemental Budget - Presentation.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.
5
AGENDA ITEM NO. 2.1
Item Cover Page
DATE:April 7, 2026
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation (6:00pm)
SUBJECT:Proclamation No. 1, Series of 2026 National Donate Life Month
SUGGESTED ACTION:Read Proclamation into record.
PRESENTER(S):Barry Davis, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2026-01 National Donate Life Month.docx
6
Proclamation No. 1, Series of 2026
National Donate Life Month
WHEREAS, this April 2026 marks the 23rd National Donate Life Month, a time to raise
awareness of organ, eye, and tissue donation, encourage Americans to register as donors, and
honor those who have saved and healed lives through the gift of donation;
WHEREAS, Colorado has been a leader in the nation with nearly 900,000 Coloradans
registering to be organ, eye, and tissue donors at the DMV;
WHEREAS, Donor Alliance, along with their Colorado State Team community partner, the
Chris Klug Foundation, educate residents in Colorado and Wyoming on the lifesaving benefits of
organ and tissue donation, inspire them to register as donors, and encourage them to share their
decision with their family;
WHEREAS, one donor can save up to 8 lives through organ donation, restore sight in up
to 2 people through cornea transplants, and save and heal more than 75 lives through tissue
donation;
WHEREAS, in Colorado and most of Wyoming in 2025, a record 314 heroic organ donors
provided 1,036 lifesaving transplants, and 1,880 heroic tissue donors saved and healed more
than 140,000 lives with tissue grafts;
WHEREAS, registering gives hope to more than 1,400 people in Colorado and Wyoming
waiting for a lifesaving organ transplant, while compassionately celebrating donors and their
families for the gift of life; and
WHEREAS, organ, eye, and tissue donation would not be possible without our community
coming together for one united purpose. Saying “Yes” to be an organ, eye, and tissue donor
means you are not just checking a box—you are saving and healing lives;
NOW, THEREFORE, the Mayor and Vail Town Council do herby proclaim the month of
April 2026 as National Donate Life Month.
Dated this 7th day of April, 2026.
Vail Town Council Attest:
___________________________
Barry Davis, Mayor Stephanie Kauffman, Town Clerk
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (6:05pm)
SUBJECT:Public Participation (10 mins.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
public participation.pdf
8
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attachments. When in doubt, contact Vail IT Department
From:RICK SACKBAUER
To:Council Dist List
Subject:Tonight"s meeting 8.1
Date:Tuesday, April 7, 2026 10:04:48 AM
Hello Barry, Reid, Dave, Sam, Jonathan, Kim and Kevin,
It my intent to attend tonight’s Council meeting to discuss Item 8.1 Permission to Proceed Vail Trails East.
I ask that Council TABLE action because:
1. On October 23, 2025 I was onsite with TOV staff and the contractor, R.A. Nelson. I asked TOV staff
how and when they would know if the project was operating properly. TOV staff said they would have to
wait until the summer/fall of 2026.
2. The grading and revegetation/reseeding of Texas Townhomes Unit 1 has yet to commence.
3. I am concerned because during and after each and every rain event this tiny bioswale willl need to
safely contain and disperse:
-all the water from the All Season’s parking lot (approximately 40 spaces)
-all the water from the TOV snow storage / VRD pickleball parking lot (10 spaces)
-all the water from the Texas Townhomes parking lot (approximately 30 spaces)
-all of the water from some of he roof of Texas Townhome Unit #1
Please TABLE action tonight until the TOV staff has the opportunity to evaluate and report back on the
success or failure of the bioswale as currently designed and constructed.
Thanks for thhe opportunity to comment.
Rick Sackbauer
9
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From:Henry Gordon
To:Council Dist List; allvrdboard@vailrec.com; courtney.oconnell@manorvail.com; rbrown@vaildaily.com;
btrollinger@vaildaily.com
Cc:atprochnow@gmail.com; woodhull1068@gmail.com; eawoodhull@gmail.com; enriquef@me.com;
alisoncurwen@gmail.com; fionaaustin612@gmail.com
Subject:Golden Peak Pickleball Court and Porta Potty
Date:Tuesday, March 31, 2026 10:17:51 AM
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this is important
Town of Vail,
Is it time to relocate the Golden Peak pickleball courts?
After our unusual winter now is an opportune time to consider a year-round
world class pickleball facility at a different location. How great would it have
been this winter if skiers had another option to enjoy the wonders of Vail. The
tennis courts never seem to be busy or used much at all. The Golden Peak
location is occupied to near capacity from 8 AM to 8 PM in the summer and,
regardless of the noise fence, the constant click of 6 balls for 12 hours is
taxing for the neighbors. I understand the popularity of pickleball, but if you are
being honest, would anyone want a pickleball location in front of their home?
When the current location was voted on the town declared the noise was "not
more than a tennis ball," the landscaping would be a deterrent from the
noise, and bathrooms would be placed on the south side of the courts. To use
the phrase, "give an inch and they will take a mile", the town has now placed a
Porta Potty next to the barriers on the NW corner. Is it not enough for the
neighbors to hear the constant clack for 12 hours, but now must look out our
front windows and see a Porta Potty?
I know the town of Vail can do so much better.
Henry Gordon
483 Gore Creek Drive, Units 2A, 2B, 5B, & 7B
Vail, CO 81657
303-468-1117 / hgordon@strataresourcesinc.com
10
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From:Kristin Salazar
To:Public Input Town Council
Subject:Red Lion Redevelopment
Date:Thursday, March 19, 2026 6:51:29 AM
Dear Vail Council,
I have heard about and read the proposed redevelopment for the Red Lion Building. I have
serious concerns what this would do to Vail as a whole. My family has owned homes in Vail
since the 70's and my mother has been skiing Vail since the year it opened and I have been
skiing Vail since 1986, when I was born. In fact, my mother skied Vail while she was pregnant
with me. Vail has always been an important place in our lives and unfortunately, the Vail I go to
now, is nothing like the Vail of my childhood.
Instead of Vail being a skiers destination, with quirky shops, local flavor, and a real mountain
feel, it has turned into another Aspen. Or shall I say, trying to be another Aspen. The normal
shops have been taken over by stores like Gucci and Kemo Sabe. Losing The Rucksack and The
Moose's Caboose was the start of Vail losing its originality. I'm afraid if the Red Lion leaves, all
of original Vail will be gone, along with the charm of what made Vail so special for so long.
I urge you to please not lose sight of what Vail was and always has been, a haven for real skiers
and people who love Colorado and the outdoors. Turning Vail into your version of Aspen is
detrimental to the people who have owned homes and loved Vail since its inception.
Best,
Kristin Rediehs-Salazar
Village Center Condominiums
Get Outlook for iOS
11
From:Karen Seaberg
To:Public Input Town Council
Subject:Red Lion Restaurant Closing
Date:Thursday, March 19, 2026 3:18:54 PM
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contact Vail IT Department
Dear Vail Town Council,
I am appalled that there is a possibility of changing the Red Lion Building in favor of different lodging choices,
music venues, MORE fancy shops etc. My family has been coming to Vail for over 35 years and have owned a
condo at the Austriahaus for the past 27. One of our go-to places is the Red Lion Restaurant. Best burgers and
nachos in town and an ambiance that is very different from the fancy restaurants we also go to. For Vail to tear
down this building in favor of a very generically designed space is truly sad. Vail is a village, full of Austrian feel
and ambiance. You see it throughout the village. What we love about Vail is that homey Austrian feel of Pepi’s, the
Lancelot building, Gorsuch’s, Alpenrose, Bavaria House etc. You may not think so, but the Red Lion also has that
feel with the beautiful lion on the front.
Could the building be updated? Yes! But not without the historic nature of the Red Lion Restaurant being preserved
within the front of it. Downstairs- really? There are plenty of small downstairs bars in Vail. That is not where we
come to Vail to eat, drink and people-watch on Bridgestreet with our family. The Red Lion Restaurant is almost
always full— its popularity is legendary. And oh, by the way, we also go to the Blue Cow every time we live in our
home-away-from home. They are being forced out, so I suppose the Ice Cream Shoppe will be gone too. It is sad
that small town businesses are not thought of as important on Bridgestreet.
Granted the Red Lion building is old. Why isn’t the Vail Town Council thinking of the outdoor seating, music and
history that lives within at least the front of this building. Or……is this all about money. Across from this building
is Almresi and a beautiful condo building. Christy’s has added to the cozy Austrian feel with outside seating also.
The Lodge at Vail has changed their look too. We have already lost Los Amigos with wonderful outdoor seating
right on the mountain. Now we get to choose to be “members” of an upscale valet club that is only reserved for
those members. I am disappointed that the owners of the Red Lion building are opposed to designing a new
building that has the Austrian feel, highlighting the Red Lion Restaurant with its incredible history of the beginnings
of our beautiful mountain.
If this happens, shame on the owners of the building; and shame on the City Council if you let it happen. Please
rethink this decision. They can design a better looking building and still incorporate the Red Lion Restaurant into
the front.
Respectfully,
Karen Seaberg
twoseabergs@msn.com
+1 (913) 367-5823
12
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From:Emma Bonino
To:Public Input Town Council
Subject:The Red Lion
Date:Sunday, March 22, 2026 9:25:31 AM
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To Whom It May Concern,
I am 11 years old and I have been going to The Red Lion my whole life. I would love if The
Red Lion could stay. It is a huge part of Vail and if we didn’t have it, Vail would change
forever. Everyone loves it and many people don’t want it to go away. The Red Lion is a very
loved place, with so many kind and helpful people working there. If the Red Lion isn’t there
anymore then all of these kind people will lose their jobs. The Red Lion is my favorite place in
Vail Village. Also, there are many clothing stores in Vail Village and only one Red Lion. The
Red Lion is one of a kind and nothing can EVER replace it. It is such an awesome place and it
should never go away. Thank you for taking my advice into consideration.
Sincerely,
Emma Bonino
13
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From:Collins Allison
To:Public Input Town Council
Subject:Save the Red Lion
Date:Monday, March 23, 2026 9:57:40 PM
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Hi - I'm not sure who is going to read this, but sending a note to express my support for the
movement to save the Red Lion. The Red Lion is the best bar in the Vail village, I've been
going for years, and replacing it with a development would make the village experience worse
for everyone.
Best,
Collins
14
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From:Xu, Wei
To:Public Input Town Council
Subject:save Blü Cow and local business
Date:Saturday, March 28, 2026 2:54:01 PM
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Hi Town of Vail,
I am writing in request of help to save "The Blü Cow" cafe, that is one of my favorite restaurants
in the world. Having travelled around the world and eating in so many different restaurants, the
chicken soup from "The Blü Cow" is what I look forward to every year and one of the reasons I
love coming to vail every year -- these small businesses that are truly unique.
Please intervene and save these local businesses that make vail different from other
commercial ski resorts!
Wei
-----------------------
Wei Xu
Associate Professor
College of Computing
Georgia Institute of Technology
https://cocoxu.github.io/
15
From:Lucia De La Mora
To:Public Input Town Council
Subject:Please save Red Lion!!!
Date:Monday, April 6, 2026 9:40:10 PM
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is important at https://aka.ms/LearnAboutSenderIdentification ]
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contact Vail IT Department
To whom it may concern,
My name is Lucia de la Mora, I have been coming to Vail for 20 years. The Red Lion is a restaurant we visit every
time we come to vail. We love to support local businesses and I feel that Vail has shifted its focus so much. If you
want to open an Hermes shop, open it in one of the many closed shops in Lionshead.
Please!!! Save the local shops and restaurants.
Please save The Red Lion.
You will lose all the people that have been coming to Vail for decades.
Please.
Best,
Lucia
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards and Commissions (6:15pm)
SUBJECT:Building Fire Code and Appeals Board (BFCAB) Appointments
SUGGESTED ACTION:Move to reappoint Brandon Chalk, Rollie Kjesbo, Mark Muller and
Steven Loftus to service on the BFCAB for a two-year term, ending
March 31, 2028.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
17
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards and Commissions (6:15pm)
SUBJECT:Planning and Environmental Commission (PEC) Appointments
SUGGESTED ACTION:Motion to approve Bill Jensen, Kathryn Middleton, John Rediker and
Lauren Wallace to service on the PEC for a two-year term, ending on
March 31, 2028.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
18
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:March 3, 2026 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
030326 TC meeting minutes.pdf
19
Town Council Meeting Minutes of March 3, 2026. Page 1
Vail Town Council Meeting Minutes
Tuesday, 3, 2026
4:00 P.M.
Vail Town Council Chambers
The meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor
Davis
Members present: Barry Davis, Mayor
Reid Phillips, Mayor Pro Tem
Samantha Biszantz
Dave Chapin
Kevin Foley
Kim Langmaid
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Stephanie Kauffman, Town Clerk
Matt Mire, Town Attorney
1. Call to Order
2. Executive Session
Council moved into executive session at timestamp 00:17 on the High Five video.
Executive Session pursuant to:
C.R.S. §24-6-402(4)(b) - to hold a conference with the Town Attorney, to receive legal advice on
specific legal questions; C.R.S. §24-6-402(4)(a) to consider the purchase, acquisition, lease,
transfer or sale of real, personal or other property; and C.R.S. §24-6-402(4)(e) - to determine
positions relative to matters that may be subject to negotiations, develop a strategy for
negotiations, and/or instruct negotiators on topic of a potential real property acquisition; and
C.R.S. § 24-6-402(4)(b) to hold a conference with the Town Attorney, to receive legal advice on
specific legal questions; and C.R.S. § 24-6-402(4)(e) to determine positions relative to matters
that may be subject to negotiations, develop a strategy for negotiations and instruct negotiators
on the topic of an Operating Agreement between the Town of Vail and Vail Park and Recreation
District for Dobson Arena
3. Presentation/Discussion
3.1 Eagle River Water and Sanitation District Update
20
Town Council Meeting Minutes of March 3, 2026. Page 2
Eagle River Water and Sanitation District update began at timestamp 01:37 on the High Five
video.
Presenter(s): Siri Roman, General Manager, Eagle River Water and Sanitation District
Information update.
3.2 Fire Department Access Requirements
Fire Department Access Requirements discussion began at timestamp 47:23 on the High Five
video.
Presenters: Deputy Chief Ryan Ocepek, Vail Fire Department
Listen to presentation.
Background: Overview of the International Fire Code Dire Apparatus Access Requirements.
3.3 Booth Creek Prescribed Fire
Booth Creek Prescribed Fire discussion began at timestamp 1:04:25 on the High Five video.
Presenter(s): Paul Cada, Battalion Chief
Information only.
Background: The Town of Vail has been collaborating with the United States Forest Service to
implement the Booth Creek Hazardous Fuels Reduction Project. The Record of Decision
identified several units for treatment with prescribed fire. Planning for this action is moving
forward, and prescribed fire may be implemented as soon as this spring.
3.4 Year End Investment Reporting
Year End Investment Reporting discussion began at timestamp 1:19:46 on the High Five video.
Presenter(s): Carlie Smith, Finance Director
Listen to presentation and provide feedback.
Background: Section 2-2-8 of the Town Code requires an annual presentation of the town's
investment report, which is also provided as a written report each quarter. This agenda item is
a presentation of the town's investment report as of December 31, 2025.
4. DRB/PEC Update
DRB/PEC update began at timestamp 1:26:57 on the High Five video.
5. Information Update
21
Town Council Meeting Minutes of March 3, 2026. Page 3
Information update began at timestamp 1:29:07 on the High Five video.
5.1 January 15, 2026 VLMDAC Meeting Minutes
5.2 February 2026 Revenue Update
6. Matters from Mayor, Council, Town Manager and Committee Reports
Matters from Mayor, Council and Town Manager began at timestamp 1:29:41 on the High Five
video.
7. Any Action as a Result of Executive Session
There was none.
8. Consent Agenda
Consent Agenda began at time stamp 1:51:52 on the High Five evening video.
8.1 February 3, 2026 TC Meeting Minutes
8.2 February 17, 2026 TC Meeting Minutes
8.3 Contract Award to Bearcom for Radio Replacement for Public Works, Vail Police
Department and Vail Fire and Emergency Services
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Bearcom for radios for public works, Vail Police Department and Vail Fire and
Emergency Services, in an amount not to exceed $995,000.
Background: This is a contract award for a budgeted radio replacement project.
8.4 Contract Award to First American Commercial Bancorp, Inc. for the Lease of Personal
Computing Hardware for Police Department
Authorize the Town Manager to enter into a 5-year agreement, in a form approved by the Town
Attorney, with First American Commercial Bancorp, Inc. for the lease of personal computing
hardware and other accessories required to support the Police Department’s technology needs
a total amount not to exceed $300,000 ($60,000/year for 5 years).
Background: Provide information about this technology need, and request that the Council
approve the Town Manager entering into a 5-year agreement with First American Commercial
Bancorp, Inc., for the lease of personal computing hardware and other accessories required to
support the Police Department’s technology requirements.
Chapin made a motion to approve excluding the February 3rd, 2026, Meeting Minutes; Langmaid
seconded motion passed (7-0).
22
Town Council Meeting Minutes of March 3, 2026. Page 4
Chapin made a motion to approve February 3rd, 2026, Meeting Minutes, Langmaid seconded
motion passed (6-0 Staufer was not present for that meeting).
9. Action Items
9.1 Resolution No. 4, Series of 2026, A Resolution Approving a First Amendment to
Intergovernmental Agreement between Eagle County, Colorado and the Town of Vail
Providing Funding in Support of the Town of Vail's Wildland Fire Program
Discussion for Resolution No. 4, Series of 2026 began at timestamp 1:53:19 on the High Five
video.
Presenter(s): Paul Cada, Battalion Chief
Approve, approve with amendments, or deny Resolution No. 4, Series of 2026.
Background: The purpose of this item is to provide Council with information about amendments
to the existing Intergovernmental agreement between the Town of Vail and Eagle County to
support wildfire mitigation and wildfire response.
Staufer made a motion to approve; Foley seconded motion passed (7-0).
10. Public Participation
Public Participation began at timestamp 02:03:07 on the High Five video.
Tim McMahon, Town of Avon resident, challenged the community to attend local youth sporting
events and support the kids who are playing, asked for information on tickets issued through the
town’s speed cameras and thanked town staff for providing input on potential spots for
community events during the upcoming up off-season.
Jeff Babb, Vail Resorts representative, thanked the town and the Colorado Snowsports Museum
for their partnership and collaboration over the Vail Legacy Weekend.
Larry and Laurie Allen, Vail residents, expressed their concerns with the behavior outside their
door by people who are out late partying in Vail Village.
Ian Grask, Vail resident, expressed his appreciation for the update from ERWSD and hoped the
town would take a leadership role in conserving water in the summer, followed up with concerns
regarding the Flock Camera System, and informed the Council on March 26, 2026 Habitat for
Humanity would be hosting a housing forum at Berry Creek Middle School.
23
Town Council Meeting Minutes of March 3, 2026. Page 5
There being no further business to come before the council, Foley made a motion to
adjourn the meeting; Langmaid seconded; meeting adjourned at 6:16pm.
Respectfully Submitted,
Attest: __________________________________
Barry Davis, Mayor
______________________________
Stephanie Kauffman, Town Clerk
24
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:March 17, 2026 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
031726 TC meeting minutes.pdf
25
Town Council Meeting Minutes of March 17, 2026. Page 1
Vail Town Council Meeting Minutes
Tuesday, March 17, 2026
6:00 P.M.
Vail Town Council Chambers
The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor
Davis.
Members present: Barry Davis, Mayor
Reid Phillips, Mayor Pro Tem
Dave Chapin
Kevin Foley
Kim Langmaid
Jonathan Staufer
Members Absent: Sam Biszantz
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Stephanie Kauffman, Town Clerk
Matt Mire, Town Attorney
1.Call to Order
2.Public Participation
Public Participation began at time stamp 0:00:13 on the High Five Media video.
Jason Boston, Chief Investigator of the Eagle County District Attorney’s Office, introduced
himself as a candidate for Eagle County Sheriff.
3.Any action as a result of Executive Session
There was none.
4. Appointments for Boards and Commissions
4.1 Art In Public Places (AIPP) Appointments
Staufer moved to appoint Ali Kelkenberg, Sharon Puczynski, and Lindsea Stowe to the Art In
Public Places Board; Foley seconded motion passed (6-0 Biszantz absent).
4.2 Design Review Board (DRB) Appointments
26
Town Council Meeting Minutes of March 17, 2026. Page 2
Staufer moved to appoint Molly Egan, Rollie Kjesbo, and Rys Olsen to the Design Review
Board; Foley seconded motion passed (6-0 Biszantz absent).
5. Consent Agenda
Consent agenda began at timestamp 0:04:23 on the Hight Five Media video.
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 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.
27
Town Council Meeting Minutes of March 17, 2026. Page 3
Background: This contract is to provide asphalt roadway patching as directed by Town Staff as
needed throughout the Town of Vail.
Foley made a motion to approve the Consent Agenda; Staufer seconded motion passed (6-0
Biszantz absent).
6. Action Items
Discussion for Resolution No. 9, Series of 2026 began at timestamp 00:6:54 on the High Five
video.
6.1 Resolution No. 9, Series of 2026, A Resolution Approving an Operating Agreement
with Vail Recreation District for Dobson Arena
Presenter(s): Kathleen Halloran, Deputy Town Manager
Approve, approve with amendments, or deny Resolution No. 9, Series of 2026.
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.
Foley moved to approve; Phillips seconded motion passed (6-0 Biszantz absent).
6.2 Permission to Proceed Tyrolean Project
Permission to proceed Tyrolean Project discussion began at timestamp 25:58 on the High Five
video.
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny permission to proceed.
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.
Langmaid made a motion to approve application with the following conditions: 1. Applicant shall
remove the landscape planters and walkway that extend on the town stream track south off
south and southeast corners 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 track, and 4. There will be a
license agreement acceptable to the Town of Vail; Phillips seconded and motion passed 6-0.
(Biszantz was absent).
28
Town Council Meeting Minutes of March 17, 2026. Page 4
There being no further business to come before the council, Foley made a motion to
adjourn the meeting; Staufer seconded; meeting adjourned at 7:32pm.
Respectfully Submitted,
Attest: __________________________________
Barry Davis, Mayor
______________________________
Stephanie Kauffman, Town Clerk
29
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Jake Shipe, Finance
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Resolution No. 10, Series of 2026, A Resolution Approving an
Amended Operating Plan and Budget of the Vail Local Marketing
District, for its Fiscal Year January 1, 2026 through December 31,
2026
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 10,
Series of 2026.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TOV Resolution No. 10, 2026.pdf
2026 VLMD 1st Supplemental Memo - TOV Version.pdf
30
Resolution No. 10, Series of 2026
RESOLUTION NO. 10
Series of 2026
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2026 THROUGH DECEMBER 31, 2026
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and
State of Colorado is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the Town Charter (the
“Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”)
have been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of
the operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the
VLMD for marketing related expenditures beginning on the first day of January,
2026, and ending on the 31st day of December, 2026.
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 7th day of April 2026.
________________________________
Barry Davis, Mayor
ATTEST:
_________________________
Stephanie Kauffman, Town Clerk
31
To: Vail Town Council
From: Vail Local Marketing District
Date: April 7, 2026
Subject: Resolution 10: Vail Local Marketing District 2026 Amended Operating Plan and
Budget
I. BACKGROUND
The Vail Local Marketing District is responsible for marketing and promoting Vail to attract
overnight destination guests primarily during the non-winter timeframe, creating economic
vitality by attracting visitors who stay longer and spend more, thereby increasing sales tax and
lodging tax revenues. Performance against these goals is measured through data, including
occupancy, average daily rate, and lodging and sales tax revenues.
The Vail Local Marketing District Advisory Council (VLMDAC) is the appointed body that provides
strategic policy direction to staff and contracted vendors in pursuit of these goals. The VLMDAC
is also responsible for providing education and awareness of Vail’s stewardship principles in order
to protect our natural and built assets and celebrate the values of the Vail community.
On September 16th, 2025, the Town Council and the Vail Local Marketing District (VLMD)
approved the 2026 operating plan and budget. Since then, the Town has experienced a low-snow
winter, requiring a downward adjustment to lodging tax projections. Additionally, the Vail Local
Marketing District Advisory Council (VLMDAC) is recommending supplementing expenditures by
$399,320 in order to drive additional visitation this summer and improve long-term strategy. The
request includes strategies to create a new 2027 summer campaign, expand the group sales
approach to optimize opportunities with the redeveloped Dobson Arena, and deploy tools to
address the use of Artificial Intelligence to respond to market pressures and position Discover
Vail for success in online search.
II. BUDGET DETAIL
Budgeted revenue for 2026 has been decreased by $490,000 compared to the approved
budget. This is a decrease of (10.1)% compared 2025. January to April is projected down
(17.5)% due to the impacts of the lack of snow during this winter season. The summer season
(May – October) is projected down (2.0)% compared to 2025, which incorporates anticipated
business closures this year. November-December is projected up 1.3% compared to 2025, and
assumes a return to a more-typical snowfall, while also incorporating anticipated business
closures. Total revenue is projected at $4,847,000, including $4,785,000 of lodging tax
collections and $62,000 of interest earnings. This projection is conservative and consistent
with the town’s current projected sales tax revenue for 2026.
32
Town of Vail Page 2
Staff will continue to review 2026 projections throughout the year.
The current 2026 approved budget includes marketing expenditures (excluding event funding) of
$5,642,000. This supplemental budget proposes to increase operating expenditures by
$399,320 to $6,041,320. This is a 7.1% increase from the current approved budget. These
expenditures aim to increase the effectiveness of the Vail Local Marketing District’s ongoing
marketing operations by utilizing fund balance towards one-time expenditures that provide
strategic advantages. Additional detail on the proposed expenditure increases is included below:
• Total increase $399,320
o Group and Meeting Campaign $120,000
o 2027 Moments Creative Campaign Increase $ 95,000
o Discover Vail Brand Book Update $ 17,500
o AI Measurement and Optimization $ 37,320
o Summer Paid Media Reinforcement $129,500
Budgeted expenditures also include a $3,000,000 placeholder for special event funding,
unchanged from the current 2026 approved budget.
Total proposed 2026 combined marketing and event funding expenditures total $9,041,320.
The 2026 ending fund balance is projected to be $2,044,361, which represents 43% of annual
lodging tax revenues (above Council’s directive of 25%).
III. ACTION REQUESTED OF VAIL TOWN COUNCIL
The Vail Local Marketing District requests approval or approval with changes to the proposed
supplemental budget, increasing expenditures by a total of $399,320 (from $8,642,000 to
$9,041,320).
33
2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
2025 Original
Budget
2025 Amended
Budget
2025
Preliminary
Actuals
Budget
Variance:
Favorable /
(Unfavorable)2026 Budget Budget Shifts
1st
Supplemental
Adjustments
2026 Proposed
Amended
Budget
Income
Lodging Tax 5,518,000 5,518,000 5,324,533 (193,467) 5,275,000 (490,000) 4,785,000
PY Lodging Tax - - 29,838 29,838 - -
Interest Income 63,000 63,000 143,514 80,514 62,000 62,000
Misc. Income - - 1,321 1,321 - -
Total Income 5,581,000 5,581,000 5,499,206 (81,794) 5,337,000 - (490,000) 4,847,000
Operating Expense
Destination 1,389,166 1,316,994 1,332,007 (15,013) 1,245,000 129,500 1,374,500
International 253,000 208,650 212,713 (4,063) 190,000 190,000
Front Range 418,485 452,825 373,844 78,981 418,485 418,485
Groups and Meetings 368,290 368,290 330,428 37,862 503,500 120,000 623,500
Public Relations Expenses 156,500 156,500 142,810 13,690 178,500 (25,000) 153,500
Content/Influencer Strategy 161,060 131,900 122,926 8,974 111,900 111,900
Photography / Video 390,200 180,200 178,367 1,833 153,600 (40,000) 113,600
Research 221,979 162,979 148,535 14,444 143,519 14,507 37,320 195,346
Website 462,566 442,196 467,788 (25,592) 361,346 361,346
Admin Miscellaneous 22,725 31,542 23,376 8,166 15,410 15,410
Email Marketing 387,850 387,850 413,673 (25,823) 310,000 310,000
Branding 506,000 282,630 282,179 451 305,000 112,500 417,500
Contingency 100,000 - - - 200,000 200,000
Database Warehousing and Research 523,424 514,859 512,291 2,568 527,809 56,000 583,809
In-Market Marketing 273,080 95,008 96,555 (1,547) 88,080 (16,000) 72,080
Marketing Sponsorship 50,000 50,000 50,000 - 35,000 10,493 45,493
Professional Fees
Legal and Accounting 32,000 32,000 32,000 - 34,000 34,000
Advertising Agent Fees 267,354 262,768 263,268 (500) 292,418 292,418
Town of Vail Service Fees 258,512 243,000 243,000 - 247,000 247,000
Vail Valley Partnership Service Fees 108,309 108,309 108,309 - 111,558 111,558
Professional Fees - MYPR 152,500 152,500 139,794 12,706 169,875 169,875
Total Professional Fees 818,675 798,577 786,371 12,206 854,851 - - 854,851
Total Operating Expense 6,503,000 5,581,000 5,473,863 107,137 5,642,000 - 399,320 6,041,320
Surplus (Deficit) from Operations (922,000) - 25,343 25,343 (305,000) - (889,320) (1,194,320)
34
2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
2025 Original
Budget
2025 Amended
Budget
2025
Preliminary
Actuals
Budget
Variance:
Favorable /
(Unfavorable)2026 Budget Budget Shifts
1st
Supplemental
Adjustments
2026 Proposed
Amended
Budget
Special Events
Business License Fees (Tsfr from TOV Marketing Fund)350,000 350,000 342,387 (7,613) 332,500 332,500
Tsfr from General & Marketing Fund Balance for Special Events 2,650,000 2,650,000 2,161,448 (488,552) 2,667,500 2,667,500
Special Event Funding (2,982,500) (3,000,000) (2,503,834) 496,166 (3,000,000) (3,000,000)
Business License Administration Fee (17,500) - - - - -
Net Increase/(Decrease) due to Special Events - - - - - - - -
Revenue Under/(Over) Expenditures (922,000) - 25,343 25,343 (305,000) - (889,320) (1,194,320)
Beginning Fund Balance 2,510,628 3,213,338 3,213,338 3,091,625 3,238,681
Ending Fund Balance 1,588,628 3,213,338 3,238,681 2,786,625 2,044,361
Fund Balance (25% required)29%61%53%43%
35
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Chris Southwick, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Resolution No. 11, Series of 2026, A Resolution Approving A
State of Colorado Subaward Agreement between the Town of
Vail and the Colorado Department of Transportation to Receive
Funding for Capital, Planning, and Operating Assistance to
Support Public Transporation
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 11,
Series of 2026.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 11 2026 CDOT_Subaward_Agreement.docx
Envelope_Created_CDOT_-_Town_of_Vail_5311_Su.pdf
36
RESOLUTION NO. 11
Series of 2026
A RESOLUTION APPROVING A STATE OF COLORADO SUBAWARD
AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO
DEPARTMENT OF TRANSPORTATION TO RECEIVE FUNDING FOR CAPITAL,
PLANNING, AND OPERATING ASSISTANCE TO SUPPORT PUBLIC
TRANSPORTATION
WHEREAS, the Town and the Colorado Department of Transportation wish to
enter into an agreement for the purpose of providing grant funding for capital, planning,
and operating assistance to support public transportation, pursuant to the terms set
forth in Exhibit A, attached hereto and incorporated herein by this reference (the
"IGA").
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 7th day of April 2026.
_________________________
Barry Davis, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
37
Contract Number: 26-HTR-ZL-00158 / PO: 491004157
Page 1 of 50
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
26-HTR-ZL-00158 / 491004157
Subrecipient
Town of Vail
Agreement Performance Beginning Date
Effective Date or January 1, 2026, whichever is earlier
Initial Agreement Expiration Date
December 31, 2026 Subaward Agreement Amount
Federal Funds-Operating
Maximum Amount (50%)
Local Funds-Operating
Local Match Amount (50%)
Agreement Total
$250,534.00
$250,534.00
$501,068.00
Fund Expenditure End Date
December 31, 2026
Agreement Authority
Authority to enter into this Agreement exists in CRS
§§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1-702
and 43-2-101(4)(c), appropriated and otherwise made
available pursuant to the FAST ACT, MAP-21,
SAFETEA_LU, 23 USC §104, 23 USC §149, 49 USC
§5307(a)(2) and (3).
Agreement Purpose
In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and
operating assistance to states to support public transportation in rural areas with populations less than
50,000, where many residents often rely on public transit to reach their destinations. The work to be
completed under this Grant by the Grantee is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2. Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4. Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of
priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
erin.kelican@state.co.us
For Subrecipient:
Chris Southwick
Town of Vail
75 South Frontage Road
Vail, CO 81657-5096
csouthwick@vail.gov
Docusign Envelope ID: EEB58EBA-9FE4-4DD7-A0F3-6BBF25181AA8
38
Contract Number: 26-HTR-ZL-00158 / PO: 491004157
Page 2 of 50
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to
execute this Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
Town of Vail
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
Second Subrecipient Signature, If Needed
Town of Vail
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below
by the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
Docusign Envelope ID: EEB58EBA-9FE4-4DD7-A0F3-6BBF25181AA8
39
Contract Number: 26-HTR-ZL-00158 / PO: 491004157
Page 3 of 50
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this
Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State
agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree
to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds
shall be expended by the Fund Expenditure End Date shown on the Cover Page for this
Agreement. The State shall not be bound by any provision of this Agreement before the Effective
Date, and shall have no obligation to pay Subrecipient for any Work performed or expense
incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure
End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement
Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on
the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial
Term”) unless sooner terminated or further extended in accordance with the terms of this
Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at
the same rates and under the same terms specified in this Agreement (each such period an
“Extension Term”). In order to exercise this option, the State shall provide written notice to
Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this
Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent
to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial
Term or Extension Term for a period not to exceed two months (an “End of Term Extension”),
regardless of whether additional Extension Terms are available or not. The provisions of this
Agreement in effect when such notice is given shall remain in effect during the End of Term
Extension. The End of Term Extension shall automatically terminate upon execution of a
replacement Agreement or modification extending the total term of this Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further
the public interest of the State, the State, in its discretion, may terminate this Agreement in
whole or in part. A determination that this Agreement should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient,
which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice
shall specify the effective date of the termination and whether it affects all or a portion of
this Agreement, and shall include, to the extent practicable, the public interest justification
for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall
be subject to the rights and obligations set forth in §12.A.i.a.
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iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient
an amount equal to the percentage of the total reimbursement payable under this Agreement
that corresponds to the percentage of Work satisfactorily completed and accepted, as
determined by the State, less payments previously made. Additionally, if this Agreement is
less than 60% completed, as determined by the State, the State may reimburse Subrecipient
for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this
Agreement, incurred by Subrecipient which are directly attributable to the uncompleted
portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the
Federal Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Agreement is terminated in this manner, then
Subrecipient shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms
and conditions of the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any
of its property, which is not vacated or fully stayed within 30 days after the institution of such
proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-
109-105, C.R.S., at any time during the term of this Agreement, then such debarment or
suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-
11-101(1), C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a
tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is
intended to be delivered by Subrecipient.
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado
State Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the
Cover Page for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal
Awarding Agency to the Recipient. “Federal Award” also means an agreement setting fort h the
terms and conditions of the Federal Award. The term does not include payments to a Subrecipient
or payments to an individual that is a beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which
is the subject of this Agreement.
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N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set
forth in this Agreement and shall include any movable material acquired, produced, or delivered
by Subrecipient in connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation (i)
successful attempts to gain unauthorized access to a State system or State Records regardless of
where such information is located; (ii) unwanted disruption or denial of service; (iii) the
unauthorized use of a State system for the processing or storage of data; or (iv) changes to State
system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and
made part of FTA’s standard terms and conditions governing the administration of a project
supported with federal assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a
match required to receive the Grant Funds and includes in-kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individual’s identity, such as name, social security number, date and place of birth, mother’s
maiden name, or biometric records. PII includes, but is not limited to, all information defined as
personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement,
for the purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement
and shall include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include but is not limited to PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall not
include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the
State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to
Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Subrecipient
to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
who has the right to disclose such information; or (v) was independently developed without
reliance on any State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term, then
it means the State Fiscal Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical
form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this
Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the
Work. “Subcontractor” also includes sub-recipients of Grant Funds.
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EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry
out part of a Federal program but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal
Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A -
21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit
Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, information, and any other results of the Work.
“Work Product” does not include any material that was developed prior to the Effective Date
that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit
shall be construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery
of any goods or the performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward
Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum
Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and
other conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that
invoice, so long as the amount invoiced correctly represents Work completed by
Subrecipient and previously accepted by the State during the term that the invoice
covers. If the State determines that the amount of any invoice is not correct, then
Subrecipient shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or
Deliverables provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall
bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month,
as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest
shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall
invoice the State separately for accrued interest on delinquent amounts, and the invoice
shall reference the delinquent payment, the number of days’ interest to be paid and the
interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment,
Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier
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to occur of Subrecipient’s receipt of the payment or notification of the determination or
calculation of the payment by the State. The State will review the information presented by
Subrecipient and may make changes to its determination based on this review. The
calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under
this subsection shall be due until after the State has concluded its review, and the State shall
not pay any interest on any amount during the period it is subject to dispute under this
subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current
State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent
on the appropriation and continuing availability of Grant Funds in any subsequent year (as
provided in the Colorado Special Provisions). If federal funds or funds from any other non-
State funds constitute all or some of the Grant Funds, the State’s obligation to pay
Subrecipient shall be contingent upon such non-State funding continuing to be made
available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or
otherwise become unavailable to fund this Agreement, the State may, upon written notice,
terminate this Agreement, in whole or in part, without incurring further liability. The State
shall, however, remain obligated to pay for Services and Goods that are delivered and
accepted prior to the effective date of notice of termination, and this termination shall
otherwise be treated as if this Agreement were terminated in the public interest as described
in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised
the full amount of Matching Funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. Subrecipient’s o bligation to pay all or any part
of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Agreement by the authorized representatives of
Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to
the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been
legally appropriated for the purposes of this Agreement by its authorized representatives and
paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably
pledge present cash reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple-fiscal year debt of Subrecipient. Subrecipient shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented
allowable costs related to the Work after review and approval thereof, subject to the
provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient
prior to the Effective Date shall not be reimbursed absent specific allowance of pre -award
costs and indication that the Federal Award funding is retroactive. The State shall pay
Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the
Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules,
and regulations applicable to the Work provide for such retroactive payments to the
Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward
Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all
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allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient
may adjust the amounts between each line item of Exhibit A without formal modification to
this Agreement as long as the Subrecipient provides notice to the State of the change, th e
change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount
for any federal fiscal year or State Fiscal Year, and the change does not modify any
requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the
Budget if those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services
provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value
received by Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the
Cover Page for this Agreement, or after any phase performance period end date for a
respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any
payment request by submitting invoices to the State in the form and manner set forth and
approved by the State.
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown
on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the
State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s
final reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete. If
the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after
the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s
failure to submit required documentation, then Subrecipient may be prohibited from applying
for new Federal Awards through the State until such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a
term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report
specifying progress made for each specified performance measure and standard in this
Agreement. Such progress report shall be in accordance with the procedures developed and
prescribed by the State. Progress reports shall be submitted to the State not later than five
Business Days following the end of each calendar quarter or at such time as otherwise specified
by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates to
this Agreement or may affect Subrecipient’s ability to perform it s obligations under this
Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State’s Principal Representative identified
on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than
45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the
final Extension Term exercised by the State, containing an evaluation and review of
Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding Agency
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may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321,
which may include, without limitation, suspension or debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials,
electronic media files, and communications, pertaining in any manner to the Work and the
delivery of Services (including, but not limited to the operation of programs) or Goods hereunder
(collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period
of three years following the date of submission to the State of the final expenditure report, or if
this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit
related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and
final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a
cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in
writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three years following final disposition of
such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent
of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient
Records during the Record Retention Period. Subrecipient shall make Subrecipient Records
available during normal business hours at Subrecipient’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the
State, unless the State determines that a shorter period of notice, or no notice, is necessary to
protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this
Agreement using procedures as determined by the State or that governmental entity.
Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance,
based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the
right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Subrecipient’s performance in a
manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit
performed on Subrecipient’s records that relates to or affects this Agreement or the Work,
whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is
required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit
a copy of the results of that audit to the State within the same timelines as the submission to
the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Subrecipient shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Agreement, permitted
by law or approved in writing by the State. Subrecipient shall provide for the security of all State
Confidential Information in accordance with all applicable laws, rules, policies, publications, and
guidelines. Subrecipient shall immediately forward any request or demand for State Records to
the State’s Principal Representative identified on the Cover Page of the Agreement.
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B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Agreement. Subrecipient shall ensure all such agents, employees, assigns,
and Subcontractors sign agreements containing nondisclosure provisions at least as protective as
those in this Agreement, and that the nondisclosure provisions are in force at all times the agent,
employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient
shall provide copies of those signed nondisclosure provisions to the State upon execution of the
nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations only in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information. Subrecipient shall provide the State with access, subject to Subrecipient’s
reasonable security requirements, for purposes of inspecting and monitoring access and use of
State Confidential Information and evaluating security control effectiveness. Upon the expiration
or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Subrecipient is prevented by law or regulation from returning or destroying State
Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and
cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately
and cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient
and its agents, employees, and Subcontractors are not the cause or source of the Incident,
Subrecipient shall be responsible for the cost of notifying each person who may have been
impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this
plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State.
If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its
sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion
and at Subrecipient’s sole expense, require Subrecipient to engage the services of an
independent, qualified, State-approved third party to conduct a security audit. Subrecipient
shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of
Subrecipient or any Subcontractors are protected and handled in accordance with the
requirements of this Agreement, including the requirements of any Exhibits hereto, at all times.
As used in this section, the protections afforded Work Product only apply to Work Product that
requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement,
Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be
a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
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9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that
conflict in any way with the full performance of the obligations of Subrecipient under this
Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an employee
of the State, or any member of his or her immediate family or his or her partner, related to the
award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a
conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written
approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably
appear to be in conflict with the full performance of Subrecipient’s obligations under this
Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a
conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a
disclosure statement setting forth the relevant details for the St ate’s consideration. Failure to
promptly submit a disclosure statement or to follow the State’s direction in regard to the actual
or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Subrecipient further acknowledges that State employees may
be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the
avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs
or contracts with any State employee, any former State employee within six months following
such employee’s termination of employment with the State, or any immediate family member
of such current or former State employee. Subrecipient shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall
constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are
allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Agreement. All
insurance policies required by this Agreement that are not prov ided through self-insurance shall be
issued by insurance companies as approved by the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Subrecipient or Subcontractor employees acting within the course and scope of their
employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal injury,
and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos)
with a minimum limit of $1,000,000 each accident combined single limit.
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D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases
and construction contracts require additional insured coverage for completed operations)
required of Subrecipient and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance
or self-insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to
Subrecipient and Subrecipient shall forward such notice to the State in accordance with §14
within seven days of Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to
this Agreement shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or otherwise against Subrecipient or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability
insurance requirements stated above, at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under
the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall
ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu
of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall
provide to the State certificates evidencing Subrecipient’s insurance coverage required in this
Agreement prior to the Effective Date. Subrecipient shall provide to t he State certificates
evidencing Subcontractor insurance coverage required under this Agreement prior to the
Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date,
Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Subrecipient’s execution of
the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any
Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Agreement, upon
request by the State, Subrecipient shall, within seven Business Days following the request by the
State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach
to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to
the contrary, the State, in its discretion, need not provide notice or a cure period and may
immediately terminate this Agreement in whole or in part or institute any other remedy in this
Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or
suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or
cure period and may terminate this Agreement in whole or in part or institute any other remedy
in this Agreement as of the date that the debarment or suspension takes effect.
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12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section in addition to all other remedies set forth in this Agreement or at law. The
State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire
Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with
any terms of the Federal Award, then the State may, in its discretion or at the direction of
a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement.
Subrecipient shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further
obligations or render further performance past the effective date of such notice, and
shall terminate outstanding orders and subcontracts with third parties. However,
Subrecipient shall complete and deliver to the State all Work not cancelled by the
termination notice, and may incur obligations as necessary to do so within this
Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all
of Subrecipient’s rights, title, and interest in and to such terminated orders or
subcontracts. Upon termination, Subrecipient shall take timely, reasonable and
necessary action to protect and preserve property in the possession of Subrecipient but
in which the State has an interest. At the State’s request, Subrecipient shall return
materials owned by the State in Subrecipient’s possession at the time of any termination.
Subrecipient shall deliver all completed Work Product and all Work Product that was in
the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for
accepted Work received as of the date of termination. If, after termination by the State,
the State agrees that Subrecipient was not in breach or that Subrecipient’s action or
inaction was excusable, such termination shall be treated as a termination in the public
interest, and the rights and obligations of the Parties shall be as if this Agreement had
been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable
to the State for any damages sustained by the State in connection with any breach by
Subrecipient, and the State may withhold payment to Subrecipient for the purpose o f
mitigating the State’s damages until such time as the exact amount of damages due to
the State from Subrecipient is determined. The State may withhold any amount that may
be due Subrecipient as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Subrecipient to an
adjustment in price or cost or an adjustment in the performance schedule. Subrecipient
shall promptly cease performing Work and incurring costs in accordance with the State’s
directive, and the State shall not be liable for costs incurred by Subrecipient after the
suspension of performance.
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b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions,
cannot be performed or if they were performed are reasonably of no value to the state;
provided, that any denial of payment shall be equal to the value of the obligations not
performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this
Agreement is deemed by the State to be contrary to the public interest or the State’s
best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual
property right, Subrecipient shall, as approved by the State (i) secure that right to use
such Work for the State and Subrecipient; (ii) replace the Work with noninfringing Work
or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work
and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Subrecipient, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days,
Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement
Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-
301(30), C.R.S., for resolution following the same resolution of controversies process as described
in §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution
Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the
Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of
the Department of Personnel and Administration, or their delegate, in the same manner as
described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including,
without limitation, time limitations regardless of whether the Colorado Procurement Code
applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall
be the principal representative of the designating Party. All notices required or permitted to be given
under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required,
(B) by certified or registered mail to such Party’s principal representative at the address set forth
on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal
representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party
delivers a notice to another through email and the email is undeliverable, then, unless the Party has
been provided with an alternate email contact, the Party delivering the notice shall deliver the
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notice by hand with receipt required or by certified or registered mail to such Party’s principal
representative at the address set forth on the Cover Page for this Agreement. Either Party may
change its principal representative or principal representative contact information, or may designate
specific other individuals to receive certain types of notices in addition to or in lieu of a principal
representative, by notice submitted in accordance with this section without a formal amendment to
this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery
of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license
to reproduce publish or otherwise use and to authorize others to use the Work Product described
herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be
delivered to the State by Subrecipient upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records,
documents, text, software (including source code), research, reports, proposals, specifications,
plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf
of the State to Subrecipient are the exclusive property of the State (collectively, “State
Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State
Materials to be used for any purpose other than the performance of Subrecipient’s obligations in
this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Subrecipient including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio and/or
video, and third-party materials, delivered by Subrecipient under this Agreement, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient
Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or
a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software,
the license terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of
this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Subrecipient shall submit
to the State a copy of each such subaward or subcontract upon request by the State. All
subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall
comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would
also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient
shall also contain provisions permitting both Subrecipient and the State to perform all monitoring
of that Subcontractor in accordance with the Uniform Guidance.
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C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits
and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Agreement to
sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments,
are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or
other changes to this Agreement shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado
State Controller Contract, Grant and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be incorporated
into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only
be effective if agreed to in a formal amendment to this Agreement, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications
permitted under this Agreement, other than Agreement amendments, shall conform to the
policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been changed
or amended since the Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision
included in any terms, conditions, or agreements appearing on Subrecipient’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Agreement
in accordance with the intent of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement and
shall be enforceable by the other Party.
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N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch.
32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and
local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax
Exemption Identification Number 98-02565). The State shall not be liable for the payment of any
excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes
such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the
collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection
with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does
not and is not intended to confer any rights or remedies upon any person or entity other than
the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved
solely to the Parties. Any services or benefits which third parties receive as a result of this
Agreement are incidental to this Agreement, and do not create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such
right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and
standards required under §24-106-107, C.R.S., if any, are subject to public release through the
CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the
term of this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement, and shall ensure
that all employees, agents and Subcontractors secure and maintain at all times during the
term of their employment, agency or Subcontractor, all license, certifications, permits and
other authorizations required to perform their obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State
of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term
of this Agreement, at its sole expense, a certificate of authority to transact business in the
State of Colorado and designate a registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during
the term of this Agreement.
U. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability, as established by the Governor’s
Office of Information Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Grantee
shall also comply with all State of Colorado technology standards related to technology
accessibility and with Level AA of the most current version of the Web Content Accessibility
Guidelines (WCAG), incorporated in the State of Colorado technology standards.
ii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Grantee’s Work Product and
software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards
for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5),
C.R.S.
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17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3 -3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or
designee. If this Agreement is for a Major Information Technology Project, as defined in §24 -
37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to
be an agent or employee of the State. Subrecipient shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set
forth herein. Subrecipient and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay
for or otherwise provide such coverage for Subrecipient or any of its agents or employees.
Subrecipient shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to thi s Agreement. Subrecipient shall (i) provide and keep in
force workers' compensation and unemployment compensation insurance in the amounts
required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely
responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination
and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Agreement shall be filed and proceedings held
in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient
harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed
as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term
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of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Subrecipient is in violation of this provision, the State may exercise any remedy available at law
or in equity or under this Agreement, including, without limitation, immediate termination of
this Agreement and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement.
Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would
conflict in any manner or degree with the performance of Subrecipient’s services and
Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State’s vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii)
unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq.,
C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid
debts owing to the State as a result of final agency determination or judicial action. The State
may also recover, at the State’s discretion, payments made to Subrecipient in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended or
excess funds received by Subrecipient by deduction from subsequent payments under this
Agreement, deduction from any payment due under any other contracts, grants or agreement s
between the State and Subrecipient, or by any other appropriate method for collecting debts
owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement or enter
into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the
Colorado Department of Labor and Employment (“Department Program”) to undertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify
the Subcontractor and the contracting State agency or institution of higher education within
three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting
with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (iv) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of
Labor and Employment. If Subrecipient participates in the Department program, Subrecipient
shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal
work status of such employee, and shall comply with all of the other requi rements of the
Department program. If Subrecipient fails to comply with any requirement of this provision or
§§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or
political subdivision may terminate this Agreement for breach and, if so terminated, Subrecipient
shall be liable for damages.
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L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S.,
prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project
Description* 2026-5311: Operating (using FFY 2021 residual funds)
Federal Awarding Agency Federal Transit Administration (FTA)
Year of Funding and Federal Funding Source FFY 2021 FTA-5311
CFDA Title Formula Grants for Rural Areas Program
CFDA # 20.509 FAIN CO-2021-041
Federal Award Date August 27, 2021
CDOT Awarding Official Chief Engineer
Address 2829 W. Howard Place
Denver, CO 80204
Phone # (303) 757-9170
Subaward/Project Period of Performance and Budget
Period
Start Date
The Effective Date or January 1, 2026
(whichever is earlier, subject to specific
allowance of pre-award costs)
Subaward/Project Period of Performance and Budget
Period
End Date
December 31, 2026
Subrecipient Vail, Town of UEID # R17RS3JCQZ68
Contact Name Chris Southwick Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (970) 479-2159
Email csouthwick@vail.gov Indirect Rate NA
Total Project Budget $501,068.00
Budget WBS*** ALI Federal Funds Local Funds Total
Operating 21-11-4041.VAIL.600 30.09.01 50% $250,534.00 50% $250,534.00 $501,068.00
Total Project Amount Encumbered via this Subaward Agreement $501,068.00
*This is not a research and development grant.
***The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Vail shall use FTA-5311 funds, along with local matching funds, to maintain the existence of
public transportation services through the following goals:
1. Enhance access to health care, education, employment, public services, recreation,
social transactions, and other basic needs;
2. Assist in the maintenance, development, improvement and use of public transportation
in their Transportation Planning Region (TPR);
3. Encourage and facilitate the most efficient use of all transportation funds used to
provide passenger transportation in their TPR through the coordination of programs and
services; and
4. Encourage mobility management, employment-related transportation alternatives,
joint development practices, and transit-oriented development.
This funding is provided to support the services described above for calendar year 2026 (January 1 –
December 31).
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B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Initial and Ongoing Reimbursement Request(s) in COTRAMS Monthly
Submit 5311 Program Measure Report(s) in COTRAMS Quarterly
Submit DBE Report(s) in COTRAMS Biannually
Submit Final Reimbursement Request in COTRAMS 12/31/2026
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the End Date of this Subaward Agreement: December 31, 2026.
2. Performance will be monitored throughout the duration of this Subaward Agreement.
Town of Vail shall report to the CDOT Project Manager whenever one or more of the
following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Performance will be measured based on:
a. Completion of applicable 5311 Program Measure Reports in COTRAMS, and
b. Completion of the annual National Transit Database (NTD) Report.
4. Town of Vail shall track and report on performance using the Program Measure Report
in COTRAMS:
a. Performance measures established for the FTA Section 5311 Program (Funds
Expended, Fare Revenues, Sources of Expended Funds, Service Data, and
Volunteer Resources) .
5. 5311 Program Measure Reports shall be submitted in COTRAMS by Town of Vail on or
before the following due dates (as applicable to the Effective Date and date of
closeout of this Subaward Agreement):
a. Quarter 1 due April 28th;
b. Quarter 2 due July 28th;
c. Quarter 3 due October 28th; and
d. Annual Report, including Quarter 4, due January 28th.
6. Town of Vail shall assist CDOT with Disadvantaged Business Enterprise (DBE) reporting
to FTA by using the biannual FTA DBE Report in COTRAMS to report:
a. Contracts awarded, payments made, and contracts completed between Town
of Vail and prime contractors; and
b. Contracts awarded, payments made, and contracts completed between Town
of Vail’s prime contractors and their subcontractors.
7. DBE Program Measure Reports shall be submitted in COTRAMS by Town of Vail on or
before the following due dates (as applicable to the Effective Date and date of
closeout of this Subaward Agreement):
a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and
b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th.
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C. Project Budget
1. The Total Project Budget is $501,068.00. CDOT will pay no more than 50% of the
eligible, actual operating costs, up to the maximum amount of $250,534.00. CDOT will
retain any remaining balance of the federal share of FTA-5311 Funds. Town of Vail shall
be solely responsible for all costs incurred in the project in excess of the amount paid
by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT
accounting purposes, the Federal Funds of (50%) for operating costs, and matching
Local Funds of $250,534.00 (50%) for operating costs, will be encumbered for this
Subaward Agreement.
2. No refund or reduction of the amount of Town of Vail’s share to be provided will be
allowed unless there is at the same time a refund or reduction of the federal share of a
proportionate amount.
3. Town of Vail may use eligible federal funds for the Local Funds share, but those funds
cannot be from other Federal Department of Transportation (DOT) programs. Town of
Vail’s share, together with the Federal Funds share, shall be enough to ensure payment
of Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT will have no obligation to provide
state funds for use on this project. CDOT will administer Federal Funds for this Project
under the terms of this Subaward Agreement, provided that the federal share of FTA
funds to be administered by CDOT are made available and remain available. Town of
Vail shall initiate and prosecute to completion all actions necessary to enable Town of
Vail to provide its share of the Total Project Budget at or prior to the time that such
funds are needed to meet the Total Project Budget.
D. Allowable Costs
1. Town of Vail shall agree to adhere to the provisions for allowable and unallowable costs
cited in the following regulations: 2 CFR 200.420 through 200.476; Chapter VI of FTA
Circular 5010.1; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102.
Other applicable requirements for cost allowability not cited previously shall also be
considered.
2. Town of Vail’s operating expenses are those costs directly related to system
operations. At a minimum, Town of Vail should consider the following items as
operating expenses: fuel, oil, drivers and dispatcher salaries and fringe benefits, and
licenses.
3. If Town of Vail elects to take administrative assistance, eligible costs may include but
are not limited to: general administrative expenses (e.g., salaries of the project
director, secretary, and bookkeeper); marketing expenses; insurance premiums or
payments to a self-insurance reserve; office supplies; facilities and equipment rental;
standard overhead rates; and the costs of administering drug and alcohol testing.
Additionally, administrative costs for promoting and coordinating ridesharing are
eligible as project administration if the activity is part of a coordinated public
transportation program.
E. Reimbursement Eligibility
1. Town of Vail shall submit invoice(s) on a monthly basis via COTRAMS. Reimbursement
will apply only to eligible expenses that are incurred within the period of performance
of this Subaward Agreement.
2. Reimbursement requests shall be within the limits of Section D., Allowable Costs, of
this Subaward Agreement. Town of Vail will be reimbursed based on the ratio of
Federal Funds share and Local Funds share set forth in the Project Budget above.
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3. Town of Vail shall submit the final request for reimbursement within forty-five (45)
calendar days of December 31, 2026, and submit a Grant Closeout and Liquidation
(GCL) Form in COTRAMS within fifteen (15) calendar days of receipt of the final
reimbursement payment from CDOT.
F. Training
In an effort to enhance transit safety, Town of Vail and any subrecipients and contractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring
and that personnel are up to date in appropriate certifications. In particular, Town of Vail shall ensure
that driving personnel are provided professional training in defensive driving and training on the
handling of mobility devices and transporting older adults and individuals with disabilities.
G. Restrictions on Lobbying
Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward
Agreement.
H. Special Conditions
1. Town of Vail shall comply with all requirements imposed by CDOT on Town of Vail so
that the federal award is used in accordance with federal statutes, regulations, and the
terms and conditions of the federal award.
2. Town of Vail shall permit CDOT and their auditors to have access to Town of Vail’s
records and financial statements as necessary, with reasonable advance notice.
3. Town of Vail shall comply with the record retention requirements outlined in 2 CFR
200.334 and FTA Circular 5010.1.
4. Town of Vail shall not request reimbursement for costs on this project from more than
one Federal Awarding Agency or other federal awards (i.e., no duplicate billing).
5. Town of Vail shall obtain prior CDOT approval, in writing, if FTA funds are intended to
be used for payment of a lease or for third-party contracts.
6. Town of Vail shall advertise its service as available to the general public and shall not
explicitly limit service by trip purpose or client type.
7. Town of Vail shall comply with FTA Drug and Alcohol Regulations, to include on time
submission to FTA’s Drug and Alcohol Management Information System (DAMIS).
8. Town of Vail shall ensure subrecipients and/or contractors (if any) comply with FTA
Drug and Alcohol Regulations.
9. Town of Vail shall comply with and accept all applicable terms and conditions
contained in the U.S. Department of Transportation FTA Master Agreement dated
November 26, 2025 (Master Agreement), or any amendments thereto.
10. Town of Vail shall ensure that it does not exclude from participation in, deny the
benefits of, or subject to discrimination any person in the United States on the ground
of race, color, national origin, sex, age or disability in accordance with Title VI of the
Civil Rights Act of 1964.
11. Town of Vail shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements
for FTA Subrecipients” in CDOT’s Title VI Program Plan and FTA Circular 4702.1, “Title
VI Requirements and Guidelines for FTA Recipients.” Town of Vail shall also facilitate
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FTA’s compliance with Executive Order 14173, “Ending Illegal Discrimination and
Restoring Merit-Based Opportunity.”
12. Town of Vail shall provide transportation services to persons with disabilities in
accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §
12101 et seq.
13. Town of Vail shall ensure that it does or will comply with the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other
federal, state, and/or local laws, rules and/or regulations. In any contract utilizing
federal funds, land, or other federal aid, Town of Vail shall require its subrecipients
and/or contractors to provide a statement of written assurance that they will comply
with Section 504 and not discriminate on the basis of disability.
14. Town of Vail shall develop and maintain an Americans with Disabilities Act (ADA)
Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability
in State and Local Government Services, FTA Circular 4710.1, and any additional
requirements established by CDOT for FTA subrecipients.
15. Town of Vail shall agree to maintain documentation that supports compliance with the
ADA and produce said documentation to CDOT upon request.
16. Town of Vail shall adopt a Transit Asset Management Plan that complies with
regulations implementing 49 U.S.C. § 5326(d). Town of Vail shall maintain and report
annually to the National Transit Database (NTD) all required financial, service, and
performance data.
17. Town of Vail shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE
regulations, 49 CFR Part 26, and CDOT’s DBE program.
18. Town of Vail agrees that any incidental use (e.g. meal or package delivery) of any
capital assets shall not reduce the quality or availability of its regular public
transportation service.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the
first option)
Subrecipient
Insert Subrecipient's Full Legal Name, including
"Inc.", "LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number
of the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number
of this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month,
Day, Year
Local Match Amount
(%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement
referenced above, the State hereby exercises its option for an additional term/end of term
extension, beginning Insert start date and ending on the current agreement expiration date
shown above, at the rates stated in the Original Agreement, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____,
whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this
Option Letter is not valid until signed and
dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_____________________________________
__
Department of Transportation
Option Letter Effective Date:
__________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS
1.1. The Grant to which these Federal Provisions are attached has been funded, in
whole or in part, with an Award of Federal funds. In the event of a conflict
between the provisions of these Federal Provisions, the Special Provisions, the
body of the Grant, or any attachments or exhibits incorporated into and made
a part of the Grant, the provisions of these Federal Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their
subrecipients, including ensuring their subrecipients comply with federal
statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting
requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2 nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these
provisions and adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these
Federal Provisions, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have
the meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance, that a
non-Federal Entity receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or
Subaward to a non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in
a management position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as
defined by the US Department of Treasury in “Appendix 1 of the
Compliance and Reporting Guidance, State and Local Fiscal Recovery
Funds” report available at www.treasury.gov.
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
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2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to
which these Federal Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries out
a Federal Award as a Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association,
cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations
of the organization.
2.1.10. “OMB” means the Executive Office of the President, Office of
Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a
Subaward to a Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution
of higher education identified as the Grantor in the Grant to which these
Federal Provisions are attached .
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient
funded in whole or in part by a Federal Award. The terms and conditions
of the Federal Award flow down to the Subaward unless the terms and
conditions of the Federal Award specifically indicate otherwise in
accordance with 2 CFR 200.101. The term does not include payments to
a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a
Federal agency under an Award or Subaward to a non-Federal Entity)
receiving Federal funds through a Prime Recipient to support the
performance of the Federal project or program for which the Federal
funds were awarded. A Subrecipient is subject to the terms and conditions
of the Federal Award to the Prime Recipient, including program
compliance requirements. The term does not include an individual who is
a beneficiary of a federal program . For SLFRF Grants, a subrecipient
relationship continues to exist for Expenditure Category 6.1 Revenue
Replacement.
2.1.15. “System for Award Management (SAM)” means the Federal
repository into which an Entity must enter the information required under
the Transparency Act, which may be found at http://www.sam.gov.
“Total Compensation” means the cash and noncash dollar value earned by
an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and
includes the following:
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2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights,
using the dollar amount recognized for financial statement
reporting purposes with respect to the fiscal year in accordance
with the Statement of Financial Accounting Standards No. 123
(Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not
including group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension
plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property)
for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of
Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards . The terms and conditions of the
Uniform Guidance flow down to Awards to Subrecipients unless the
Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
2.1.18. “Unique Entity ID Number” means the Unique Entity ID established
by the federal government for a Grantee at
https://sam.gov/content/home
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act
and the regulations issued pursuant thereto, all provisions of the Uniform
Guidance, and all applicable Federal Laws and regulations required by this
Federal Award. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the
necessity of either party executing any further instrument. The State of
Colorado, at its discretion, may provide written notification to Grantee of
such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must
not include terms or conditions that undermine efforts to stop COVID -19 or
discourage compliance with recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS.
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4.1. SAM. Grantee shall maintain the currency of its information in SAM until the
Grantee submits the final financial report required under the Award or
receives final payment, whichever is later. Grantee shall review and update
SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and
shall update Grantee’s information in SAM.gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000
or more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal
procurement Agreements and Subcontractors and/or Federal
financial assistance Awards or Subawards subject to the
Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code
of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act,
Grantee shall report data elements to SAM and to the Prime Recipient as
required in this Exhibit. No direct payment shall be made to Grantee for
providing any reports required under these Federal Provisions and the cost of
producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such
are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
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7.1. Reporting requirements in §8 below apply to new Awards as of October 1,
2010, if the initial award is $30,000 or more. If the initial Award is below
$30,000 but subsequent Award modifications result in a total Award of
$30,000 or more, the Award is subject to the reporting requirements as of
the date the Award exceeds $30,000. If the initial Award is $30,000 or more,
but funding is subsequently de-obligated such that the total award amount
falls below $30,000, the Award shall continue to be subject to the reporting
requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required;
and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made
by Prime Recipient as of December 26, 2015. The standards set forth in §11
below are applicable to audits of fiscal years beginning on or after December
26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED]
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented
procurement procedures which reflect applicable State, local, and Tribal
laws and applicable regulations, provided that the procurements conform to
applicable Federal law and the standards identified in the Uniform Guidance,
including without limitation, 2 CFR 200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and
to the extent consistent with law, the non -Federal entity should, to the
greatest extent practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section
must be included in all subawards including all Agreements and p urchase
orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or
an agency of a political subdivision of the State, its Contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
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10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access
to Subrecipient’s records and financial statements as necessary for Recipient
to meet the requirements of 2 CFR 200.332 (Requirements for pass-through
entities), 2 CFR 200.300 (Statutory and national policy requirements) through
2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of
the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a
single or program-specific audit conducted for that year in accordance with
the provisions of Subpart F -Audit Requirements of the Uniform Guidance,
issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in
accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except
when it elects to have a program -specific audit conducted in accordance
with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect
to have a program-specific audit if Subrecipient expends Federal Awards
under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and
conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program -specific audit may not be elected for
research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program -
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal
Awards during its fiscal year, the Subrecipient shall be exempt from
Federal audit requirements for that year, except as noted in 2 CFR 200.503
(Relation to other audit requirements), but records shall be available for
review or audit by appropriate officials of the Federal agency, the State,
and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall
procure or otherwise arrange for the audit required by Subpart F of the
Uniform Guidance and ensure it is properly performed and submitted
when due in accordance with the Uniform Guidance. Subrecipient shall
prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other
information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or
the Prime Recipient, Grantees that are Subrecipients shall comply with the
following provisions. Subrecipients shall include all of the following
applicable provisions in all Subcontractors entered into by it pursuant to this
Grant.
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12.1.1. [Applicable to federally assisted construction Agreements.] Equal
Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all Agreements that meet the definition of “federally assisted
construction Agreement” in 41 CFR Part 60-1.3 shall include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive
Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded
construction, alteration and repair projects.] Davis-Bacon Act. Davis-
Bacon Act, as amended (40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the
Federal Award meets the definition of “funding agreement” under 37 CFR
401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an
Agreement with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37
CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Agreements and
Cooperative Agreements,” and any implementing regulations issued by
the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and
subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal awardees to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal Awarding Agency and the Regional Office of the Environmental
Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A
Agreement award (see 2 CFR 180.220) must not be made to parties listed
on the government wide exclusions in SAM , in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
“Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
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12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that
apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any
Federal Agreement, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding
agencies and recipients are subject to the regulations implementing
“Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered Agreements, grants and cooperative
agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories,
and are in support of a contingency operation in which members of the
Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance
services or equipment (2 CFR 200.216). Grantee is prohibited from
obligating or expending loan or grant funds on certain telecommunications
and video surveillance services or equipment pursuant to 2 CFR 200.216.
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor,
Subcontractor, transferee, and assignee shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits recipients of federal financial
assistance from excluding from a program or activity, denying benefits of,
or otherwise discriminating against a person on the basis of race, color,
or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are
herein incorporated by reference and made a part of this Agreement (or
agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department
of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein
incorporated by reference and made part of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado
Agreement with Recipient of Federal Recovery Funds” Certification Form in
Exhibit E and submit to State Agency with signed grant agreement.
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13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may
require Subrecipient to submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2 CFR 200.208.
Submission may be required more frequently if Subrecipient fails to meet a
requirement of the Federal award. Subrecipient shall certify in writing to
the State at the end of the Award that the project or activity was completed
or the level of effort was expended. 2 CFR 200.201(3). If the required level
of activity or effort was not carried out, the amount of the Award must be
adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award
as a natural person, unrelated to any business or non-profit organization he
or she may own or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the
previous tax year is exempt from the requirements to report Subawards and
the Total Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of
default under the Grant and the State of Colorado may terminate the Grant
upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 -day notice period. This remedy will
be in addition to any other remedy available to the State of Colorado under
the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole
or in part as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non-
Federal Entity fails to comply with the terms and conditions of a Federal
Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the
greatest extent authorized by law, if an award no longer effectuates the
program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the
consent of the Non-Federal Entity, in which case the two parties must
agree upon the termination conditions, including the effective date and,
in the case of partial termination, the portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding
Agency or Pass-through Entity written notification setting forth the
reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the Federal
Awarding Agency or Pass-through Entity determines in the case of partial
termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award
was made, the Federal Awarding Agency or Pass-through Entity may
terminate the Federal Award in its entirety; or
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15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to
termination provisions included in the Federal Award.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal
Government or CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT does not and shall not have any commitment or liability related
to the Underlying Agreement, to any Third party Participant at any tier, or to any other person
or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any
Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the
Federal Government and CDOT does not and shall not have any commitment or liability to any
Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the
Subrecipient) to the underlying Agreement.
Section 4(f) – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the
Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S.
DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal
Government the truthfulness and accuracy of any claim, statement, submission,
certification, assurance, affirmation, or representation that the Subrecipient provides to the
Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient
presents, submits, or makes available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false,
fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation
in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any
other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
(a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party
Participants to retain, complete and readily accessible records related in whole or in part to the
underlying Agreement, including, but not limited to, data, documents, reports, statistics,
subagreements, leases, third party contracts, arrangements, other third party agreements of any
type, and supporting materials related to those records.
(b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the
applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying
underlyingAgreement, and any Amendments thereto must be retained from the day the underlying
Agreement was signed by the authorized FTA (or State) official through the course of the Award, the
accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has
submitted its last or final expenditure report, and other pending matters are closed.
(c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that
each Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to
inspect and audit records and information related to its Award, the accompanying Agreement,
and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly
authorized representatives, to the Comptroller General of the United States, and the Comptroller
General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and
to audit any information related to its Award under the control of the Subrecipient or Third party
Participant within books, records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set
forth in the applicable U.S. DOT Common Rules.
(d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party
Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the
accompanying Agreement, and any Amendments thereto, and to make site visits as needed in
compliance with State and the U.S. DOT Common Rules.
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(e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this
section of the Master Agreement.
3(G) – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance.
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance.
All standards or limits are minimum requirements when those standards or limits are included in the
Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT)
awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements
and guidance that apply then may be modified from time to time and will apply to the Subrecipient
or the accompanying Agreement, except as FTA determines otherwise in writing.
12 – Civil Rights
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that
each Third party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
(ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,”
49 CFR part 21; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332; and
(3) Follow:
(i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines
for Federal Transit Administration Recipients,” to the extent consistent with applicable
federal laws, regulations, requirements, and guidance;
(ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR
§ 50.3; and
(iii) All other applicable federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third
Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin, and:
(i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.;
(ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C.
§§ 12101, et seq.;
(iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order
that amends or supersedes it in part and is applicable to federal assistance programs;
(iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12
of the Master Agreement;
(v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines
for Federal Transit Administration Recipients;” and
(vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements.
(2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will:
(i) Affirmative Action. Take affirmative action that includes, but is not limited to:
(A) Recruitment advertising, recruitment, and employment;
(B) Rates of pay and other forms of compensation;
(C) Selection for training, including apprenticeship, and upgrading; and
(D) Transfers, demotions, layoffs, and terminations; but
(ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts
Indian Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when
undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order
that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
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(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following
federal prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability in the administration of federally
assisted Programs, Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not
apply because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a
prohibited basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for
seniors or individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),”
49 CFR part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and
U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47
CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
Standards,” 36 CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part
609;
(x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xi) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws,
regulations, and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party
Contracting Guidance,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance.
Energy Conservation – 26.j
(a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply
with the mandatory energy standards and policies of its state energy conservation plans under
the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an
energy assessment for any building constructed, reconstructed, or modified with federal
assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR part
622, subpart C.
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Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
(a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the
Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal
assistance for the Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award;
(2) The Federal Government determines that continuing to provide federal assistance to support the
Award does not adequately serve the purposes of the law authorizing the Award; or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would
endanger substantial performance of the Agreement.
(b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate
obligations properly incurred before the termination date to the extent that the obligations cannot
be canceled. The Federal Government may recover the federal assistance it has provided for the
Award, including the federal assistance for obligations properly incurred before the termination date,
if it determines that the Subrecipient has misused its federal assistance by failing to make adequate
progress, failing to make appropriate use of the Project property, or failing to comply with the
Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the
Federal Government may determine including obligations properly incurred before the termination
date.
(c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of
any period of performance established for the Award does not, by itself, constitute an expiration or
termination of the Award; FTA may extend the period of performance to assure that each Formula
Project or related activities and each Project or related activities funded with “no year” funds can
receive FTA assistance to the extent FTA deems appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
(a) Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220
and 1200.220) with any Third Party Participant that is, or whose principal is, suspended,
debarred, or otherwise excluded from participating in covered transactions, except as
authorized by-
(i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200;
(ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment
and Suspension (Nonprocurement),” 2 CFR part 180; and
(iii) Other applicable federal laws, regulations, or requirements regarding participation with
debarred or suspended Subrecipients or Third Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from
Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations,
2 CFR part 1200.
(4) It will that its Third Party Agreements contain provisions necessary to flow down these
suspension and debarment provisions to all lower tier covered transactions.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party
Participant or individual, the Subrecipient will provide immediate written notice to the:
(i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements
the underlying Agreement,
(ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(iii) FTA Chief Counsel.
Applicable to Awards exceeding the simplified acquisition threshold ($100,000 -see Note)
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Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to
comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C.
§ 5323(j).
Section 39. Disputes, Breaches, Defaults, and Litigation.
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law,
regulation, or disagreement involving the Award, the accompanying underlying Agreement, and
any Amendments thereto including, but not limited to, a default, breach, major dispute, or
litigation, and FTA reserves the right to concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may
affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief
Counseland FTA Regional Counsel for the Region in which the Subrecipient is located. The
Subrecipient must include a similar notification requirement in its Third Party Agreements and
must require each Third Party Participant to include an equivalent provision in its subagreements
at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220
and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation
or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal
Government’s interests in the Award, the accompanying Underlying Agreement, and any
Amendments thereto, or the Federal Government’s administration or enforcement of federal
laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the
U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the
Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential
fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification
provision applies if a person has or may have submitted a false claim under the False Claims
Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of
law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or
embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This
responsibility occurs whether the Project is subject to this Agreement or another agreement
between the Subrecipient and FTA, or an agreement involving a principal, officer, employee,
agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any
tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a
criminal or civil investigation by a Federal, state, or local law enforcement or other
investigative agency, a criminal indictment or civil complaint, or probable cause that could
support a criminal indictment, or any other credible information in the possession of the
Subrecipient. In this paragraph, “promptly” means to refer information without delay and
without change. This notification provision applies to all divisions of the Subrecipient,
including divisions tasked with law enforcement or investigatory functions.
(c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share
of any proceeds recovered from any third party, based on the percentage of the federal share
for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all
liquidated damages it receives to its Award Budget for its Agreement rather than return the
federal share of those liquidated damages to the Federal Government, provided that the
Subrecipient receives FTA’s prior written concurrence.
(d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any
third party agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will
use federal assistance to influence any officer or employee of a federal agency, member of Congress
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or an employee of a member of Congress, or officer or employee of Congress on matters that involve
the underlying Agreement, including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent
consistent with 31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use
of federal assistance for any activity concerning legislation or appropriations designed to
influence the U.S. Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such
lobbying activities described above may be undertaken through the Subrecipient’s or
Subrecipient’s proper official channels.
Section 26. Environmental Protections – Clean Air and Clean Water
(d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance,
and assures that its Third Party Participants will comply or facilitate compliance, with all
applicable federal laws, regulations, and requirements, and will follow applicable guidance,
including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of
1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson
Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act,
Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No.
11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended,
“Floodplain Management.”
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to
comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including:
(a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and
FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49
U.S.C. § 5323(j);
(c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of
46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag
Vessels,” 46 CFR part 381; and
(d) Fly America. The air transportation requirements of Section 5 of the International Air
Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S.
General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,”
41 CFR §§ 301-10.131 – 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing protections for
construction employees involved in each Project or related activities with federal assistance provided
through the underlying Agreement, including the:
(1) Prevailing Wage Requirements of:
(i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis-Bacon Related Act”);
(ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and
(iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety St andards Act),”
29 CFR part 5.
(2) Wage and Hour Requirements of:
(i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §
3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
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Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),”
29 CFR part 5.
(3) “Anti-Kickback” Prohibitions of:
(i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874;
(ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and
(iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3.
(4) Construction Site Safety of:
(i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §
3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR
part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and
Health Regulations for Construction,” 29 CFR part 1926.
From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions
as provided in federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project
or related activities implementing the Agreement that involve construction, it will provide bid
guarantee bonds, contract performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the
Agreement not involving construction, the Subrecipient will not impose excessive bonding and
will follow FTA guidance.
From Section 23
(b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of
1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part
41, specifically, 49 CFR § 41.117.
Section 12 Civil Rights D(3)
Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 CFR chapter 60, and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive
Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
(b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third
Party Participant will comply with all federal laws, regulations, and requirements providing wage
and hour protections for nonconstruction employees, including Section 102 of the Contract Work
Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act,
40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act),” 29 CFR part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements. As a condition of award of federal
assistance appropriated or made available for FTA programs involving public transportation
operations, the Subrecipient agrees to comply and assures that each Third Party Participant will
comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments
thereto involve public transportation operations and are supported with federal assistance
appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b),
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5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other
provisions of law as required by the Federal Government, U.S. DOL must provide a
certification of employee protective arrangements before FTA may provide federal
assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL
is a condition of the underlying Agreement and that the Subrecipient must comply with its
terms and conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is
supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S.
DOL will provide a Special Warranty for its Award, including its Award of federal assistance
under the Tribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty
is a condition of the underlying Agreement and the Subrecipient must comply with its terms
and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. §
5310. The Subrecipient agrees, and assures that any Third Party Participant providing public
transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former
49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to
apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program
to provide public transportation for seniors (elderly individuals) and individuals with
disabilities, FTA reserves the right to make case-by- case determinations of the applicability
of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States
Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
(a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the
Award will engage in charter service, except as permitted under federal transit laws, specifically 49
U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal
Charter Service regulations, federal requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service
regulations, FTA has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal
assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and
Reverse Commute (JARC)-type Project or related activities that would have been eligible for
assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year,
provided that the Subrecipient uses that federal assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the
federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-
type Project or related activities that would have been eligible for federal assistance under
repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the
Subrecipient uses that federal assistance for program purposes only.
(c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter
Service regulations, FTA may require corrective measures and remedies, including withholding an
amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604,
appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in
49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142.
Section 29. School Bus Operations.
(a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is
participating in its Award will engage in school bus operations exclusively for the transportation of
students or school personnel in competition with private school bus operators, except as permitted
by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR
part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal
requirements, or applicable federal guidance.
(b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation
of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third
Party Participant to take such remedial measures as FTA considers appropriate, or bar the
Subrecipient or Third Party Participant from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants
will comply with:
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(i) Federal transit laws, specifically 49 U.S.C. § 5331;
(ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations,” 49 CFR part 655; and
(iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace
Drug and Alcohol Testing Programs,” 49 CFR part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the
Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53
is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that
Subrecipient or Third Party Participant from receiving all or a portion of the federal transit
assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights
when the Subrecipient or Third Party Participant produces a patented or patentable invention,
improvement, or discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived
or reduced to practice with federal assistance provided through the underlying Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding
section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and
provide a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in
that federally assisted invention, improvement, or discovery will be determined as provided in
applicable federal laws, regulations, requirements, and guidance, including any waiver thereof,
and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the
status of any Third Party Participant as a large business, small business, state government, state
instrumentality, local government, Indian tribe, nonprofit organization, institution of higher
education, or individual, the Subrecipient will transmit the Federal Government’s patent rights
to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient
agrees that license fees and royalties for patents, patent applications, and inventions produced with
federal assistance provided through the Agreement are program income and must be used in
compliance with applicable federal requirements.
Section 18. Rights in Data and Copyrights.
(a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information
whether or not copyrighted, and that is delivered or specified to be delivered as required by the
Agreement. Examples of “subject data” include, but are not limited to computer software,
standards, specifications, engineering drawings and associated lists, process sheets, manuals,
technical reports, catalog item identifications, and related information, but do not include financial
reports, cost analyses, or other similar information used for performance or administration of the
underlying Agreement.
(b) General Federal Restrictions. The following restrictions apply to all subject data first produced in
the performance of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part,
or in any manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s
own internal use, an institution of higher learning, the portion of subject data that the Federal
Government has previously released or approved for release to the public, or the portion of data
that has the Federal Government’s prior written consent for release.
(c) Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-
free, non-exclusive, and irrevocable. The Federal Government’s license must permit the Federal
Government to reproduce, publish, or otherwise use the subject data or permit other entities or
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individuals to use the subject data provided those actions are taken for Federal Government
purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a
worldwide, non-exclusive, non-transferable, paid-up, royalty-free copyright license, including
all rights under copyright, to any and all Publications and Digital Data Sets as such terms are
defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully
or partially by this funding agreement. The Subrecipient herein acknowledges that the above
copyright license grant is first in time to any and all other grants of a copyright license to s uch
Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim
of exclusive copyright to the same.
(d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical
Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance
for a research, development, demonstration, deployment, technical assistance, or special studies
program is to increase transportation knowledge, rather than limit the benefits of the Award to the
Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs
described above is completed, it must provide a report of the Agreement that FTA may publish
or make available for publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data,
and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier,
except as the Federal Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or
proprietary information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with
federal assistance for the Award becomes “subject data” and must be delivered as the Federal
Government may direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing
equipment or program that is both for the Subrecipient’s use and acquired with FTA capital
program assistance.
(e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient
agrees that license fees and royalties for patents, patent applications, and inventions produced with
federal assistance provided through the Agreement are program income and must be used in
compliance with federal applicable requirements.
(f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it
intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under
the preceding section occurs from any of the publication, translation, reproduction, delivery, use or
disposition of subject data, then it will indemnify, save, and hold harmless against any liability,
including costs and expenses of the Federal Government’s officers, employees, and agents acting
within the scope of their official duties. The Subrecipient will not be required to indemnify the
Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if i ndemnification is prohibited or
limited by applicable state law.
(g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or
may be construed to affect the scope of any license or other right otherwise granted to the Federal
Government under any patent.
(h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain
circumstances it may need to provide to FTA data developed without any federal assistance or
support. Nevertheless, this section generally does not apply to data developed without federal
assistance, even though that data may have been used in connection with the Award. The
Subrecipient agrees that the Federal Government will not be able to protect data developed without
federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or
“Confidential.”
(i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal
Government may be required to release data and information the Subrecipient submits to the Federal
Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
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(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting
and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not
limited to, the submission and approval of a Data Management Plan, the use of Open Researcher
and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record
in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely
and complete submission of all required publications and associated digital data sets as such
terms are defined in the DOT Public Access plan. Additional information about how to comply
with the requirements can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records
pertaining to the Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
(e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations,
or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant
will facilitate, participation by small business concerns owned and controlled by soci ally and
economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises”
(DBEs), in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(i) Section 11101(e) of IIJA;
(ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 CFR part 26; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master
Agreement.
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating
assistance and that will award prime third party contracts exceeding $250,000 the requirements
of 49 CFR part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-
assisted transit vehicle procurements, must certify that it has complied with the
requirements of 49 CFR part 26; and
(ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle
purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total
dollar value of the third party contract, and notify FTA that this information has been
attached to FTA’s electronic award management system. The Subrecipient must also submit
additional notifications if options are exercised in subsequent years to ensure that the TVM
is still in good standing.
(4) Assurance. As required by 49 CFR § 26.13(a):
(i) Recipient Assurance. The Subrecipient agrees and assures that:
(A) It must not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any FTA or U.S. DOT-assisted contract, or in the administration of
its DBE program or the requirements of 49 CFR part 26;
(B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted contracts;
(C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is
incorporated by reference and made part of the Underlying Agreement; and
(D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure
to carry out its terms shall be treated as a violation of this Master Agreement.
(ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient
agrees and assures that it will include the following assurance in each subagreement and
third party contract it signs with a Subrecipient or Third Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party
Subcontractors to include the following assurance in every subagreement and third party
contract it signs:
(A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and
third party subcontract, as applicable, and the administration of its DBE program or the
requirements of 49 CFR part 26;
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(B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT-assisted subagreements, third party
contracts, and third party subcontracts, as applicable;
(C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party
Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23))
is a material breach of their subagreement, third party contract, or third party
subcontract, as applicable; and
(D) The following remedies, or such other remedy as the Subrecipient deems appropriate,
include, but are not limited to, withholding monthly progress payments; assessing
sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party
Contractor, or Third Party Subcontractor from future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program,
FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate
cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following
federal prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability in the administration of federally
assisted Programs, Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to
individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not
apply because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with
disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a
prohibited basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for
seniors or individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),”
49 CFR part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and
U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger
Vessels,” 49 CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 CFR part 36;
(vii)U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications
Relay Services and Related Customer Premises Equipment for Persons with Disabilities,”
47 CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
Standards,” 36 CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609,
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(xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xii) Other applicable federal civil rights and nondiscrimination regulations and
guidance.
Section 16. Procurement.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws,
regulations, and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party
Contracting Guidance,” to the extent consistent with applicable federal laws, regulations,
requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
(a) Types of Information. To the extent required under federal law, the State, agrees to provide the
following information about federal assistance awarded for its State Program, Project, or related
activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State
Program or Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal
assistance for a State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
(b) Documents. The State agrees to provide the information required under this provision in
the following documents: (1) applications for federal assistance, (2) requests for
proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other
publications.
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EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State.
This checklist is provided as guidance and is subject to change by State. State shall
provide notice of any such changes to Subrecipient. All items may not apply t o your
particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a
well organized and complete billing packet helps to expedite payment.
Verification of Payment –
✓ General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report
with the General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
✓ If no General Ledger Report, all of the following are acceptable:
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check
number or electronic funds transfer (EFT), and the date paid.
✓ State needs to ensure that expenditures incurred by the local agencies have been
paid by Party before State is invoiced by Party.
✓ Payment amounts should match the amount requested on the reimbursement.
Additional explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must
be approved by State prior to any Work taking place.
✓ If in-kind or cash match is being used for the Local Match, the in -kind or cash
match portion of the project must be included in the project application and the
statement of work attached to the Agreement or purchase order. FTA does not
require pre-approval of in-kind or cash match, but State does.
✓ General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved
by State prior to applying it to the reimbursements.
✓ If indirect costs are being requested, an approved indirect letter from State or
your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be
provided. The letter must state what indirect costs are allowed, the approved
rate and the time period for the approval. The indirect cost plan must be
reconciled annually and an updated letter submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed
and approved prior to including these costs in the reimbursements.
✓ Submit an approval letter from the cognizant agency for indirect costs, as
defined in 2 CCR §200. 19, that verifies fringe benefit, or
✓ Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
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AGENDA ITEM NO. 6.5
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Resolution No. 12, Series of 2026, A Resolution Approving a
Revocable License Agreement between the Town of Vail and the
United States Geological Survey Regarding Installation of a
Stream Gage at Bighorn
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 12,
Series of 2026.
PRESENTER(S):Chad Salli
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo4-7-26.docx
Resolution 12, 2026.pdf
88
To: Town Council
From: Public Works
Date: 04-07-2026
Subject: USGS IGA For Stream Gage Installation
I. BACKGROUND
The United States Geological Survey (USGS) has requested to install and maintain a
stream gage monitoring station in Gore Creek at the upper end of Bighorn Park. The
proposed location is just upstream from the private pedestrian bridge across Gore
Creek to the Gore Creek Meadows condominiums. The stream gage is to be in place for
a 10 year period. The USGS will install and remove the stream gage and restore all
disturbed areas. The monitoring station shelter will have a QR code to allow anyone to
see the monitoring results. Staff has meet with members of the USGS and have agreed
to the proposed location.
II. STAFF RECOMMENDATION
Approve, approve with amendments, or deny Resolution No. 12, Series of 2026.
89
RESOLUTION NO. 16
Series of 2026
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO AND THE UNITED STATES GEOLOGICAL SURVEY
REGARDING INSTALLATION OF A STREAM GAGE AT BIGHORN PARK; AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of Colorado and
the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly
elected and qualified; and
WHEREAS, the Town and the United States Geological Survey (“USGS”) wish to enter into an
Intergovernmental Agreement (“IGA”) for the construction of a installation and maintenance of a stream
gage monitoring station in Gore Creek at Bighorn Park; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter into the
IGA with USGS, in substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney, for the installation and maintenance of a stream gage located at
Bighorn Park.
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 7th day of April, 2026.
Barry Davis
Town Mayor
ATTEST:
Stephanie Kauffman
Town Clerk
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TEMPLATE.DOC
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made this ____ day
of _____________, 2026, by and between the Town of Vail, COLORADO, a Colorado home
rule municipality with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the
"Town"), and _________________, a ______________ with a legal address of
__________________________ ("Licensee").
For and in consideration of the sum of ten dollars ($10.00) paid by the Licensee to the
Town, the covenants herein contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
SECTION 1. LICENSE
Licensee desires to obtain a License to occupy and use the property more particularly
described and depicted in Exhibit A, attached hereto and incorporated herein by this reference
(the "Property"). Subject to all the terms and conditions hereto, the Town hereby grants to
Licensee a license to occupy and use the Property for the purpose set forth in Section 2 hereof.
SECTION 2. PURPOSE
The Property may be used and occupied by the Licensee for the purpose of constructing
and maintaining a USGS Gagin Station over and on the Property.
SECTION 3. TERMINATION
Either party may terminate this Agreement by giving written notice to the other party
specifying the date of termination, such notice to be given not less than thirty (30) days prior to
the date specified therein. Upon termination, Licensee shall return the Property to its original
condition at Licensee's own expense.
SECTION 4. MAINTENANCE
Licensee shall, at its own expense, keep and maintain in good repair any fixtures or
structures constructed, placed, operated or maintained on the Property and, within thirty (30)
days of termination of this Agreement, shall remove such fixtures.
SECTION 5. DAMAGE TO PROPERTY
Licensee shall be responsible for all damage to the Property arising out of or resulting
from the use of the Property by the Licensee, its agents, employees, visitors, patrons and invitees.
The Town shall notify Licensee immediately upon discovery of any damage to the Property.
Licensee shall correct and repair the damage within one (1) week of notification or knowledge of
the damage unless otherwise directed by the Town.
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SECTION 6. INDEMNIFICATION
Licensee shall indemnify, hold harmless and defend the Town and its representatives,
officers, employees, agents, and contractors from and against all liabilities, penalties, costs,
losses, damages, expenses, causes of action, claims, demands, or judgments, including, without
limitation, reasonable attorney fees, arising from or in any way connected with injury to or the
death of any person or physical damage to any property resulting from any act, omission,
condition, or other matter related to or occurring on or about the Property under this Agreement.
Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against
any such liability, claims or demands at his sole expense, or, at the option of the Town, agrees to
pay the Town or reimburse the Town for the defense costs incurred by the Town in connection
with any such liability, claims or demands. Licensee also agrees to bear all other costs and
expenses related thereto, including court costs and attorney fees, whether or not any such
liability, claims or demands alleged are groundless, false or fraudulent.
SECTION 7. INSURANCE
Licensee agrees to self insure in accordance with the Federal Tort Claims Act (FTCA) (28
U.S.C. §§ 1346 and 2671-2680). A statement of self insurance provided to the Town within thirty
(30) days of execution of this Agreement, and annually thereafter. The failure to provide the
statement of self Insurance shall be grounds for immediate termination of this Agreement and
revocation of the license granted herein.
SECTION 8. NOTICES
Any notice given pursuant to this Agreement by either party to the other shall be in
writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as
follows:
To the Town: Town of Vail
75 S. Frontage Road
Vail, CO 81657
To Licensee:
SECTION 9. MISCELLANEOUS
A. Agreement Binding. This Agreement shall inure to the benefit of and be binding
upon the heirs, successors and assigns of the parties hereto, subject to any other conditions and
covenants contained herein.
B. Applicable Law and Venue. The laws of the State of Colorado and applicable
federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and
the venue for any legal proceeding arising out of this Agreement shall be Eagle County,
Colorado.
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C. Amendment. This Agreement may not be amended except in writing by mutual
agreement of the parties, nor may rights be waived except by an instrument in writing signed by
the party charged with such waiver.
D. Headings. The headings of the sections of this Agreement are inserted for
reference purposes only and are not restrictive as to content.
E. Assignment. Licensee may not assign or transfer this Agreement, except upon the
express written authorization of the Town.
F. No Third-Party Beneficiaries. Except as expressly provided herein, there are no
intended third-party beneficiaries to this Agreement.
G. 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.
H. Governmental Immunity. Nothing herein shall be construed as a waiver of any
protections or immunities the City may have under the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended.
I. Integration. The foregoing constitutes the entire agreement between the parties and
no additional or different oral representation, promise, or agreement shall be binding on any of the
parties hereto with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the
day and year first above written.
TOWN OF VAIL
By: ____________________________________
Russell Forrest, Town Manager
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
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LICENSEE:
________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _____________ )
Subscribed, sworn to and acknowledged before me this _____ day of _______________,
20__, by _______________________.
My Commission expires _______________.
(SEAL) ____________________________________
Notary Public
94
USGS Form
9-1482
Revised: Mar 2022
U.S. DEPARTMENT OF THE INTERIOR
U.S. Geological Survey
Agreement No:
AGREEMENT FOR INSTALLATION AND MAINTENANCE OF MONITORING STATION *
09066060 GORE CREEK ABOVE BIGHORN PARK NEAR VAIL, CO
The landowner agrees that the U.S. Geological Survey (USGS), Colorado Water Science Center, may install
and maintain a monitoring station on the landowner's property at a mutually agreed-upon site at the
location listed below. The landowner also agrees that the USGS will have access to the site, as it
reasonably deems necessary for water level, water-quality and meteorology sampling during the life of
this agreement.
Description of the monitoring station, located at:
Latitude: 39o 37’43.39” Longitude: 106o 17’13.17“
Description of the monitoring station located adjacent to the foot bridge within Bighorn Park off Juniper
Ln in Vail, CO.
95
Typical 4” pvc housing for water-quality sensor Typical instrument shelter
Excavation and/or installation of the monitoring station, at the USGS's own expense, may begin any time
after this agreement is fully executed. The monitoring station shall be excavated, installed, and properly
maintained by the USGS. This Agreement shall be regarded as granting a license or easement, whichever
may most appropriately characterize it under applicable state law, in favor of USGS to enter landowner's
property for the purposes noted herein.
At the expiration or termination of this agreement, the monitoring station may be disposed of in one of
the following ways:
1- Removal by the USGS, at its own cost and expense, within a reasonable time after the expiration
or termination of this agreement. Upon removal of the station, the USGS shall restore the landowner's
property, also at its own expense, as nearly as possible to the condition when installed, or
2- Transfer to a state, local, or tribal government agency or Federal Energy Regulatory Commission
licensee under a separate written agreement, if approved by the landowner and the USGS Regional
Executive.
During the life of this agreement, the Federal Government will be liable for any loss related to the
installation, operation, maintenance, and other activities associated with the monitoring station
described above in accordance with, and to the extent permitted under, the Federal Tort Claims Act (28
U.S.C.
&&1346(b) and 2671 et seq).
USGS Form 9-1482
Revised: Mar 2022 Page 1 of 2
96
This agreement shall become effective when fully executed and shall remain in full force for _10 year(s)_
unless terminated earlier by USGS or the landowner upon 60 days written notice. After _10 year(s)_, the
agreement will continue in force until terminated by either the USGS or the landowner upon 60 days
written notice to the other party.
* For the purpose of this agreement, "monitoring/monitoring station" includes all hardware and
scientific instruments used in the operation and maintenance of the monitoring site.
USGS Project Chief: Patricia A. Solberg
Address: 445 W. Gunnison Ave, Suite 130
Grand Junction, CO 81501
Telephone: 970-260-8015
Email: psolberg@usgs.gov
Landowner / Contact:
Address:
Telephone:
Email:
USGS Water Science Center Contact: _____Matt Ely, Director Colorado Water Science Center_____
Address: US Geological Survey
West 6th Avenue & Kipling Street
Denver Federal Center, Building 53, MS-415
Telephone: 303-236-6900
Email: mely@usgs.gov
Signatures:
________________________________________ ___________________________________
U.S. Geological Survey Date
________________________________________ ___________________________________
Landowner Date
USGS Form 9-1482
Revised: Mar 2022 Page 2 of 2
97
United States Department of the Interior
U. S. GEOLOGICAL SURVEY
Colorado Water Science Center, Western Colorado Office
445 West Gunnison Ave, Suite 130
Grand Junction, Colorado 81501
IN REPLY REFER TO:
March 31, 2026
To Whom It May Concern:
The United States Geological Survey (USGS) is seeking to install a new stream gaging station near a
pedestrian bridge in the town of Vail and is providing this letter in response to your inquiry regarding
insurance. This letter confirms that the USGS, as a federal agency, is self-insured.
The Federal government does not purchase private insurance to cover potential liability of government
employees acting within the scope of employment. This is because it is a long-standing policy of the United
States to self-insure its own risk of loss. In accordance with the Federal Tort Claims Act (FTCA) (28 U.S.C.
§§ 1346 and 2671-2680), the federal government is responsible for addressing claims for damages caused
by the negligent or wrongful actions or omissions of its employees while acting within the scope of their
official duties.
The USGS follows this self-insurance policy. Any claims for loss or damage resulting from USGS employee
actions would be handled through the FTCA.
Sincerely,
Patricia (Trisha) A. Solberg
USGS Supervisory Hydrologic Technician/Project Chief
US Geological Survey
445 West Gunnison Avenue, Suite 130
Grand Junction, CO 81501-5720
psolberg@usgs.gov
98
AGENDA ITEM NO. 6.6
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Gregg Barrie, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Contract Award to GH Daniels III and Associates for Vail Art
Studio North Lawn Landscape
SUGGESTED ACTION:Authorize Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with GH Daniels III and Associates
for the Vail Art Studio North Lawn Landscape, in an amount not to
exceed $115,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Memo 4-7-26 - Vail Art Studio North Lawn Contract Award.pdf
99
To: Vail Town Council
From: Department of Public Works
Date: April 7, 2026
Subject: Vail Art Studio – North Lawn Landscape
I. ITEM PURPOSE
The purpose of this agenda item is to request the Town Council award a contract to GH
Daniels III and Associates for the installation of landscape improvements at the Vail Art
Studio in Ford Park.
II. BACKGROUND
The Vail Art Studio, located on the lower bench of Ford Park, was completed during the
summer of 2025. The studio provides a space for artists to work and interact with the
public and is operated by Vail’s Art in Public Places program.
While unfunded during the construction process, Art Studio planners always envisioned a
park-like space on the north end of the studio that would include a small patio and a small
turf area to be used for gatherings, receptions, temporary art placements and even a
place for artists to work outdoors in full view of Ford Park users.
III. PARTNERSHIP WITH ALPINE GARDENS
The Betty Ford Alpine Garden Education Center is near to the new Art Studio. In fact,
the buildings are less than 150’ apart. As Alpine Garden programming has expanded,
their staff and board have envisioned a small gathering space away from the busy
Education Center to hold discussions and presentations with small groups. A private
donor has contributed to helping this idea become a reality.
Creating a space between the two buildings that both organizations can share reduces
impacts to Ford Park. The Art in Public Places board and the Alpine Gardens have
worked together to create a plan that shares this “north lawn” area. And, through the
partnership, the cost of the project will be shared between the town and the Gardens.
IV. THE PROJECT
The project will provide a small patio on the north end of the studio, with a sidewalk
connection to West Betty Ford Way for ADA compliance. The Alpine Garden space is on
the far north end of the area and includes a small flagstone patio, crusher-fine walkway,
several benches, and a small set of sandstone steps up to West Betty Ford Way. A lawn
100
Town of Vail Page 2
area (existing) connects the two spaces, with new shrub plantings along the western
edge/top of bank. A location is reserved for a future art installation to be determined by
the Art in Public Places board. All of the spaces overlook Gore Creek.
V. PROJECT BUDGET
As previously noted, the cost of the project is to be shared by Betty Ford Alpine Gardens
and the Town of Vail. The existing approved budget is:
Alpine Gardens: $ 100,000
Town of Vail: $ 125,000
Project Budget: $ 225,000
The project was put out for public bid in February. Three bids were received ranging in
price from $114,570 to $138,620. The lowest bid was submitted by GH Daniels III and
Associates.
After the bids were received, town staff, in coordination with AIPP and the Art Studio
architect, modified the approved design to reduce the size of the patio, eliminate some
walkway, and revise the paving surface material from flagstone to exposed aggregate
concrete to match the existing walks. These changes resulted in a minor cost increase
of $145.00
The new contract amount is $114,715 to be split appropriately between the Town and
Alpine Gardens.
VI. CONSTRUCTION SCHEDULE
If approved, work will begin in mid-April (weather depending) with a completion window of
mid to late May.
VII. ACTION REQUESTED BY COUNCIL
Authorize the Town Manager to enter into an agreement with GH Daniels III and
Associates for the installation of the Vail Art Studio – North Lawn Landscape project in an
amount not to exceed $115,000.
Attachments:
• Proposed landscape design
101
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P
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GB
GB
GB
BASE 2
3/18/26
30-9090
1"= 10'
C-3
AR
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I
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N
O
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H
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A
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VAIL ART
STUDIO
WEST
B
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F
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2-VEHICL
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A
G
I
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G
A
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A
ABSOLUTELY NO
PARKING ON THE
GRASS
ABSOLUTELY NO
PARKING ON THE
GRASS
NOTES:
1.A SURVEYOR WILL NOT BE REQUIRED. SITE LAYOUT SHALL BE
COORDINATED WITH THE OWNER'S REPRESENTATIVE.
2.FLAGSTONE WALKWAY TO PATIO MUST MEET ADA REQUIREMENTS
WITH A RUNNING SLOPE OF <5%. WORK WITH OWNER'S REP TO
ENSURE PROPER GRADES AND ADJUST AS DIRECTED.
3.ADJUST NUMBER OF SANDSTONE STAIRS IF LESS STEPS ARE
REQUIRED THAN CURRENTLY SHOWN.
4.ALL BOULDERS SHALL BE GRANITE ALLUVIAL BOULDERS. SOME
BOULDERS EXIST ON SITE AND MAY BE USED FOR THE WORK.
6' AT ATTACHMENT
TO WBFW
EXPOSED AGGREGATE
CONCRETE TO MATCH
WALK ON SOUTHEAST
CORNER OF STUDIO
11'
12'SOD AREA,
SEE SHEET L-1
5' WIDE CUT
SANDSTONE STEPS.
SEE DETAIL ON
SHEET D-1
(3) 6" RISERS
(4) 6" RISERS
SANDSET
FLAGSTONE
SANDSET FLAGSTONE
W/ PERMALOC EDGE.
SEE DETAIL SHEET D-1.
ORGANIC LOCK BORDER WITH
STEEL EDGING, COLOR BEIGE
6' RADIUS
SOD AREA
EXISTING
PLANT
BORDER
EXISTING GRAVEL
EXISTING GRAVEL BORDER
5' TYP.
NORTH
SCALE: 1"= 10'
0 10'5'2.5'
~10' AT ATTACHMENT
TO WBFW
APPROX 3'-3" FROM
EDGE OF PAVEMENT
EXISTING
BOULDER WALL
EXISTING BOULDER WALL.
MAY REQUIRE SEVERAL
ADD'L BOULDERS
STEEL
LANDSCAPE
EDGE
STEEL LANDSCAPE
EDGE
COMPLETE STEEL LANDSCAPE
EDGE FROM EXISTING ENDPOINT
INSTALL NYLOPLAST
DRAIN AND 6" PIPE TO
DAYLIGHT
10
2
DESIGNED BY
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CHECKED BY
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FILE NAME
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BASE 2
3/18/26
30-9090
1"= 10'
L-1 R
AR
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STUDIO
WEST
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2-VEHICL
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A
EXISTING GRAVEL BORDER (1) RLR
(1) BAG
(3) GLS
(1) TBR
(5) PGB
(1) BCM
(3) PSB
(1) BAG
(3) WSB
(3) PGB
(1) WR
(1) BCM
FUTURE ROCK
GARDEN BY
BETTY FORD
ALPINE
GARDEN
SOD AREA
SOD AREA
NATIVE AREA BOUNDARY
NATIVE AREA
BOUNDARY
EXISTING
SOD AREA
PLANT KEY:
Common Name Scientific Name Size Qty
BAG BLUE AVENA GRASS Helictotrichon sempervirens #5 2
BCM BAILEY COMPACT MAPLE Acer ginnala 'Bailey Compact'#5 2
GLS GRO LOW SUMAC Rhus aromatica 'Gro Low'#5 3
IDW ISANTI DOGWOOD Cornus sericea 'Isanti'#5 2
LMC LOWSCAPE MOUND CHOKEBERRY Aronia melanocarpa 'Low Scape Mound'#5 9
PGB PIXWELL GOOSEBERRY Ribes uva-crispa 'Pixwell'#5 8
PSB PINK SNOWBERRY Symphoricarpos x doorenbosii 'Magic Berry'#5 3
RLR RED LEAFED ROSE Rosa glauca #5 1
TBR TALL BLUE RABBITBRUSH Ericamerea nauseosus var speciosa #5 1
WR WOODS ROSE Rosa woodsii #5 1
WSB WESTERN SNOWBERRY Symphoricarpos albus #5 3
LANDSCAPE NOTES:
1.ALL SOD AREAS TO BE 4" MIN SCREENED AND TILLED TOPSOIL.
2.COORDINATE PLANTING LAYOUT WITH OWNER'S
REPRESENTATIVE
3.DISTURBED AREAS NOT SHOWN FOR LANDSCAPING SHALL BE
OVER-SEEDED WITH NATIVE SEED SUPPLIED BY OWNER.
IRRIGATION NOTES:
4.DRIP IRRIGATION FROM EXISTING SYSTEM ON THE SOUTH END
OF ART STUDIO. BURY POLY LINE ALONG WEST SIDE OF
BUILDING
5.SPRAY IRRIGATION FOR SOD SHALL HAVE TWO ZONES. oNE
CONNECTED TO EXISTING SPRAY ON SOUTHEAST SIDE OF
STUDIO. ONE CONNECTED TO EXISTING TEMP ZONE.
COORDINATE SPRAY IRRIGATION WITH TOWN OF VAIL
IRRIGATION MANAGER. ALL NOZZLES TO BE MP ROTORS
FUTURE ART
INSTALLATION
LANDSCAPE
EDGING
EXISTING PLANTINGS
LANDSCAPE
EDGING
WOOD MULCH
AROUND SHRUBS
WOOD MULCH
AROUND SHRUBS
WOOD MULCH
AROUND SHRUBS
LIMIT DISTURBANCE
TO EXISTING NATIVE
VEGETATION
KEY:
WOOD MULCH AREAS
AROUND NEW SHRUBS
WOOD MULCH
UNDER TREE
(9) LMC
(2) IDW
10
3
AGENDA ITEM NO. 6.7
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Gregg Barrie, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Contract Award to Rocky Mountain Custom Landscapes, Inc for
10th Mountain Division Memorial Landscape Renewal
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Rocky Mountain Custom
Landscapes, Inc for the 10th Mountain Division Memorial Landscape
Renewal, in an amount not to exceed $134,262.74.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC memo 4-7-26.pdf
104
To: Town Council
From: Kim White, Project Landscape Architect
Gregg Barrie, Town Landscape Architect
Date: April 7, 2026
Subject: Contract Award – 10th Mountain Div. Memorial Landscape Renewal
I. PURPOSE
The purpose of this item is to request that the Town Council approve a contract award to
Rocky Mountain Custom Landscapes, Inc. for landscape, irrigation, and stonework at the
10th Mountain Memorial adjacent to the covered bridge.
II. BACKGROUND
The 10th Mountain Division Statue is a popular work of art located at the Covered Bridge
entrance to Vail Village with consistent heavy pedestrian traffic to the statue resulting in
significant wear and tear on the flagstone walkway and surrounding landscape. The original
site plan did not anticipate the magnitude of visitors and foot traffic it currently receives. The
intent of the Memorial is to bring public awareness and to honor the service of the 15,000
Ski Troopers who trained for the 10th Mountain Division in this area during WWII. The
proposed concept will remove the bluegrass and improve the durable surfacing, significantly
decreasing the grounds maintenance requirements but keeping with the intent of the
Memorial by including a symbolic flagstone 10th Mountain emblem as part of the surfacing
around the Statue. After the March 18, 2026 Design Review Board meeting, the DRB
issued approval of the design on 03/25/2026.
III. BID PROCESS AND FUNDING
After a bidding time of 1 month, Staff received three complete bids for the 10th Mountain
Div. Memorial Landscape Renewal, ranging from $134,262 to $193,023, with Rocky
Mountain Custom Landscape being the lowest responsible and responsive bidder.
The $134,262.74 project will be funded from the allocated $225,000 in the approved 2026
RETT Budget.
IV. PROJECT SCHEDULE
Pending contract approval, work will begin as early as April 24, 2026, or as weather allows,
and is expected to be completed by June 3, 2026.
V. ACTION REQUESTED BY COUNCIL
Staff requests that the Town Council authorize the Town Manager to enter into an
agreement with Rocky Mountain Custom Landscapes, Inc in an amount not to exceed
$134,262.74 for the project.
105
SD
SD
SD
SD
PLANTER BED WITH 4" ROLLED
TOP LANDSCAPE EDGING WITH
2" MULCH. PER DETAILS L-2
COVERED
BRIDGE
MOUNTAIN
HAUS
GO
R
E
CR
E
E
K
SLIFER SQUARE
SD
SD
SD
SD
(3)DARTS GOLD NINEBARK
NATIVE GRASS SEED
AND HYDROMULCH IN
DISTURBED AREAS
(3) CREEPING
SUMAC
(2)ISANTI DOGWOOD
(1)BAILEY COMPACT
MAPLE
(1) BRISTLE CONE
(1) BABY BLUE
EYES SPRUCE
(1) MOCK ORANGE
(3) MORDEN SUNRISE ROSE
PLANT SCHEDULE
QTY Botanical Name Common Name Size Height Spread
DECIDUOUS SHRUBS
2 Cornus sericea 'Isanti'Isanti Dogwood #5 cont 3-4'3-4'
1 Philadelphus x 'Snowbelle'Snowbelle Mockorange #5 cont 3-4'3-4'
3 Physocarpus opulifolius 'Dart's
Gold'Dart's Gold Ninebark #5 cont 4-5'4-5'
3 Rosa 'Morden Sunrise'Morden Sunrise Rose #5 cont 3-6'3-6'
2 Spirea japonica 'Goldflame'Goldflame Spirea #5 cont 2-3'2-3'
8 Dianthus barbatus 'Double
Midget Mix'Sweet William, Dwarf 1 8-12"8-12"
3 Rhus trilobata 'Autumn Amber'Sumac, Creeping
Three-Leaf #5 12-18"6-10'
EVERGREEN TREES
1 Pinus aristata Bristlecone Pine 4'20-40'10-20'
1 Picea pungens 'Baby Blue Eyes'Baby Blue Eyes Spruce 6'20-30'10
DECIDUOUS TREES
1 Acer ginnala 'Bailey Compacta'Dwarf Amur Maple #5 6-8'6-8'
64.63 EX
WATER VALVE
(2) GOLDFLAME
SPIREA
(8) SWEET WILLIAM
BACKLESS
BENCH
DESIGNED BY
DATE
CHECKED BY
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CDs
2/27/2026
REV 1 / 3-12-26
1"=10'
L-1
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AGENDA ITEM NO. 6.8
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Chris Delles, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Contract Award to Schofield Excavation for 2026 Vail Overlay
SUGGESTED ACTION:Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Schofield Excavation for 2026
Vail Overlay, in an amount not to exceed $287,300.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
council memo-overlay 2026.docx
107
To: Town Council
From: Public Works
Date: 3/31/26
Subject: 2026 Vail Overlay Contract Award
I. ITEM/TOPIC
2026 Vail Overlay Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Schofield Excavation to
complete the 2026 Vail Overlay Project.
III. BACKGROUND
Staff received 5 bids for the 2026 Vail Overlay Project from Schofield Excavation, GM
Asphalt Repair, United Companies, 360 Civil, and Columbine Hills. The project is
budgeted in Capital Street Maintenance and is within the Engineer’s estimate. Roads
included in this year’s asphalt overlay project include Westhaven Drive (south of the
bridge over Gore Creek), Westhaven Circle, and Greenhill Court. The project is
scheduled to be completed by October 2, 2026.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement , in a form approved by the
Town Attorney, with Schofield Excavation to complete the 2026 Vail Overlay Project in
an amount not to exceed $287,300.00.
108
AGENDA ITEM NO. 6.9
Item Cover Page
DATE:April 7, 2026
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:15pm)
SUBJECT:Contract Award to Structural Preservation Systems, LLC for
Structural Repairs in Lionshead and Vail Village Parking
Structures
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Preservation Systems, LLC for
Structural Repairs in Lionshead and Vail Village Parking Structures, in
an amount not to exceed $175,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Structure Contract Award 2026.docx
109
To: Town Council
From: Public Works Department
Date: April 7, 2026
Subject: Contract Award for Structural Repairs to Lionshead and Vail Village Parking
Structures
I. SUMMARY
The purpose of this item is to award a 2026 contract to Structural Preservation Systems,
LLC to perform construction services for structural repairs to the Lionshead and Vail
Village parking structures in an amount not to exceed $ 1,750,000.
II. BACKGROUND
Restruction Corporation now Structural Preservation Systems, LLC (Structural)
successfully completed the initial structural repairs in 2025 to the Vail Village and
Lionshead parking structures based on the JR Harris Structural Assessment report.
Structural was recommended for the work by JR Harris and Town of Vail staff for their
experience and expertise with parking structure structural repairs. A proposal has been
received and reviewed by both JR Harris and Town staff to complete the next scope of
priority work as identified by the structural assessment report. The proposed scope of
work is $1,750,000 well within the 2026 budget of $2,250,000.
III. RECOMMENDATION
Authorize the Town Manager to enter into a contract in a form approved by the Town
Attorney with Structural in an amount not to exceed $1,750,000 for the structural repairs
to Lionshead and Vail Village parking structures
110
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:April 7, 2026
TIME:30 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Presentation/ Discussion (6:15pm)
SUBJECT:Recommendations on Summer Parking Fees (6:15pm)
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Tom Kassmel, Director of Public Works and Transportation, and
Stephanie Kashiwa, Parking Supervisor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 04.07.26 Summer 2026 Parking Program.doc
Summer 2026 Parking - Council - 04.07.26.pptx
Council_Parking_020326.pdf
111
1
TO: Vail Town Council
FROM: Parking and Transportation Task Force
Tom Kassmel, Director of Public Works and Transportation
Stephanie Kashiwa, Parking Operations Manager
DATE: April 7, 2026
SUBJECT: Parking and Mobility Task Force Recommended Summer 2026 Parking Program
I. SUMMARY
The purpose of this item is to:
Provide Town Council the Parking and Mobility Task Force recommendation for
Summer 2026 Parking Program.
Request Town Council approve the recommended elements of the Summer 2026
Parking Program.
II. BACKGROUND
During the February 3rd meeting, the town council reviewed summer parking program goals,
2025 parking operations, revenue information from summer 2025 and winter 2025 -2026
year-to-date, and summer 2025 parking data. See attached February 3rd presentation.
The town council directed the P&MTF provide a recommendation regarding summer
managed parking that considered:
Simple rates and programs.
Continued pass option messaging for the community.
Options that do not raise rates.
o Being mindful of price sensitivity
o Bringing in guests who will ‘linger’
Making small improvements to last summer’s program.
The Parking & Mobility Task Force (P&MTF) met on February 26th to review directions from
council and stated considerations for the summer managed parking program, review
statistics from the previous summer, and to develop a recommendation for the Summer
2026 Parking Program.
112
2
III. TASK FORCE DISCUSSIONS | SUMMER 2026
The P&MTF discussed the Vail Transit Route Optimization Plan and the improved
frequency this offers the community. The impact of capital repairs on the main parking
structures, ongoing maintenance, and non-town construction projects this summer was
reviewed. These projects could reduce the parking space inventory by 100 -250 spaces,
making inventory management a consideration.
The P&MTF reviewed the direction given from council to consider when recommending a
summer 2026 parking program. The P&MTF also recognized that there are small changes
to the summer program that the summer 2025 data supports. The discussion also focused
on providing our community with options for parking and transportation, price sensitivity,
and the benefit of collecting additional summer seasonal parking before considering any
substantial changes.
IV. ACTION REQUESTED
Approve or approve with modifications the components of the Summer 2026 Parking
Program as recommended by the Parking and Mobility Task Force.
Changes from the summer 2025 program are indicated in blue.
Recommended Summer 2026 Season Dates:
Friday, May 29th – Sunday, September 27th
Recommended Summer 2026 Rate and Parking Structure:
Vail Village
Structure
Lionshead
Structure
Red Sandstone
Garage
Ford Park Lot Vail Athletic
Fields Lot
Exit under 1
hour, FREE
$2 per hour,
max $10 per
transaction
Entries after 3
p.m. until 4 a.m.,
FREE
$45 overnight
fee
Exit under 1
hour, FREE
$2 per hour,
max $10 per
transaction
Entries after 3
p.m. until 4 a.m.,
FREE
$45 overnight
fee
Exit under 1
hour, FREE
$2 per hour,
max $10 per
transaction
$35 overnight
fee
Exit under 1
hour, FREE
$2 per hour,
max $10 per
transaction
Event Parking
Rate: $20 at
entry
Carpool
Program: FREE
for 4+
Exit under 1
hour, FREE
$2 per hour,
max $10 per
transaction
Event Parking
Rate: $20 at
entry
Carpool
Program: FREE
for 4+
Overnight fee in Vail Village and Lionshead structures lowered from summer 2025
program
113
3
Recommended Discount Local Pass Rate
Vail Village
Structure
Lionshead
Structure
Red Sandstone
Garage
Ford Park Lot Soccer/VAF
Lot
Exit under 3
hours, FREE
$1 per hour,
max $5 per
transaction
Entries after 3
p.m. until 4 a.m.,
FREE
$45 overnight
fee
Exit under 3
hours, FREE
$1 per hour,
max $5 per
transaction
Entries after 3
p.m. until 4 a.m.,
FREE
$45 overnight
fee
Exit under 3
hours, FREE
$1 per hour,
max $5 per
transaction
Exit under 3
hours, FREE
$1 per hour,
max $5 per
transaction
Event Parking
Rate: $20 at
entry
Carpool
Program: FREE
for 4+
Exit under 3
hours, FREE
$1 per hour,
max $5 per
transaction
Event Parking
Rate: $20 at
entry
Carpool
Program: FREE
for 4+
Overnight fee in Vail Village and Lionshead structures lowered from summer 2025
program
Entry free period raised from 2 to 3 hours
Recommended Passholder Purchase Price
Premier $1,200
Employee Plus $500
Employee $150
Local $40
Eagle County Local and Vail Local pass combined as the Local Pass
Note: All winter 2025/26 passes will be extended for use for the summer 2026
season, with applicable summer benefits.
o Approved for winter 2025/26 recommendations
114
4
Recommended Pass Access & Rate
Vail Village
Structure
Lionshead
Structure
Red
Sandstone
Garage
Ford Park
Lot
Soccer/VAF
Lot
Premier FREE access FREE access FREE access FREE access FREE access
Vail Village
Business
Premier
FREE access Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Lionshead
Business
Premier
Discount
Pass Rate
FREE access Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Employee
Plus Pass
Discount
Pass Rate
FREE access FREE access FREE access FREE access
Employee
Pass
Discount
Pass Rate
FREE day
access,
overnight rate
applies
FREE day
access,
overnight rate
applies
Discount
Pass Rate
Discount
Pass Rate
Local Pass Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Discount
Pass Rate
Discount pass rate was added to the Business Premier and Employee Plus passes
to mimic winter 2025/26 pass benefits
Recommended Programs
DUI prevention program
Donovan Park registration
Sunday Market carpool program
Shift Bike punch pass for parking passholders
o Provide a promo code to all passholders for Shift Bike. This benefit would
allow three, 30-minute sessions and offer an ‘alternative mode’ of
transportation. Shift Bike would bill the town for each promo code used with a
‘Pay-After-Use’ program.
Each promo code redeemed costs $5.
If all passholders used their code, the total cost would be
approximately $27,000.
V. STAFF RECOMMENDATION
Town Council approve, or approve with modifications, the recommendations for the
summer 2026 Parking Program.
VI. Attachments
February 3rd presentation
Presentation
115
PRESENTATION BY
Public Works
Department
Vail Parking
Operations
Summer 2026
116
BACKGROUND
•Council Direction (2/3/26)
• Simple rates and programs
• Continued pass option messaging for the community
• Options that do not raise rates
• Being mindful of price sensitivity
• Bringing in guests who will ‘linger’
• Making small improvements to last summer’s program
Town of Vail | Name of Presentation | vailgov.com
117
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Recommended Parking Calendar
• 2025: Friday, May 30 to Sunday, September 28
• 2026: Friday, May 29 to Sunday September 27
•Recommended Retail Parking Rates
•All lots
•Vail Village & Lionshead structures
•Ford Park & Vail Athletic Fields lots
Exit under 1 hour, FREE
$2 per hour
Max $10 per transaction
Entries after 3 p.m. until 4 a.m., FREE
$20 event parking
Free for carpools with 4+ people in the vehicle
118
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Recommended Retail Parking Rates
•Vail Village & Lionshead structures
•Red Sandstone garage
2025
$60 overnight fee
2026
$45 overnight fee
$35 overnight fee
119
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Recommended Passholder Parking Rates
•All lots
2025
Exit under 2 hours, FREE
$1 per hour
Max $5 per transaction
2026
Exit under 3 hours, FREE
$1 per hour
Max $5 per transaction
120
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Passholder Purchasing
• All winter 2025/26 passes will be extended for use for the
summer 2026 season, with applicable summer benefits
•Recommended Summer Only Pass Purchase Price
Premier $1,200
Employee Plus $500
Employee $150
Local $40
121
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Recommended Pass Access & Rate
Vail Village
Structure
Lionshead
Structure
Red
Sandstone
Garage
Ford Park Lot Soccer/VAF
Lot
Premier FREE access FREE access FREE access FREE access FREE access
Vail Village
Business
Premier
FREE access Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
Lionshead
Business
Premier
Discount Pass
Rate
FREE access Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
Employee
Plus Pass
Discount Pass
Rate
FREE access FREE access FREE access FREE access
Employee
Pass
Discount Pass
Rate
FREE day
access,
overnight rate
applies
FREE day
access,
overnight rate
applies
Discount Pass
Rate
Discount Pass
Rate
Local Pass Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
Discount Pass
Rate
122
SUMMER OPERATION RECOMMENDATIONS
•Parking & Mobility Task Force Recommendations
•Recommended Pass Benefit
• Provide a promo code to all passholders for Shift Bike
• Provides 3, 30-minute sessions
• Provides and promotes an ‘alternative mode’ of transportation
• The town would ‘pay after use’
• $5 per redeemed promo code
• ($27k)
•Recommended Programs
• DUI prevention program
• Donovan Park registration
• Sunday Market carpool program
123
SUMMER OPERATION – Guest Service & Operational Improvements
•Additional information being gathered
• Ford Park & Vail Athletic Fields lots
• Scan-to-Pay
• Lessen exit lane congestion
• Improve guest experience
• Could be applied to all lots if successful
• Donovan Park & Oversized/Overnight parking
• Handheld License Plate Recognition for CEOs
• Quick response & improved accuracy
• Improved messaging
• Pop up messaging for events
• Improving signage
• Simplify
124
Thank you
125
PRESENTATION BY
Stephanie Kashiwa
Parking Operations
Direction for
Summer 2026
Parking
Operations
126
Summer 2025 Operations
• Summer 2025 Goals:
•Support the Town Council Strategic Plan
• Reduce the percentage of vehicles parking that originate from Eagle
County (outside of Vail) from 40% to 30%
• Reduce the percentage of vehicles parking that originate from Vail
from ~32% to 20%
• Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by
2030, and 80% by 2050
•Additional revenue ($2.5M) for:
• Supporting and promoting alternative modes of transportation
• Maintenance & capital repairs
•Management tools- manage use of lots during high demand
• Expected future demand from upcoming construction projects
• Data collection
127
Summer 2025 Operations
Summer 2025:
• Overnight rates matched winter
• Event parking = $20
• Retail rate = $2/hr, max $10
• Passholder rate = $1/hr, max $5
• Access depending on pass
type
Substantial changes in operations compared to Summer 2024
Summer 2024:
• Overnight in VV & LH = $35
• Overnight in RSS = $15
• Event parking = $15
128
Summer 2025 & Winter 2025-26 Revenue
Summer 2025
• Pass Sales = $46,850
• $29,774 budgeted
• Parking Sales = $1,134,900
• $2,500,000 budgeted
•$895,000 shortfall
Winter 2025-26
•Pass Sales is down 3.8% through end of December
•Parking Revenue is down 13.8% YoY
•Projected increase of $400,000 from the rate changes
•Parking Transactions are down 11.7% YoY
129
2025 Summer Data
• Transactions
• 37% Transactions were paid (175k out of 469k)
• 63% Transaction were free
• Average retail transaction = $4.38
• Average paid retail transaction = $8.88
• Average pass transaction = $1.10
• Average paid pass transaction = $1.58
• Average overall retail & pass transaction = $2.42
• Passholder revenue
• 24% of transactions in summer 2025
• Retail = $1.475M
• Passholder = $85K
• Overnight rate
• Revenue the same ‘24/’25: $546k/$564k
• Average Vehicles per night: 55 (down 44%)
130
2025 Summer Data
• Duration of stay (Retail ‘24 vs. ‘25)
131
2025 Summer Data
•Lot utilization
•Vail Village and Ford lot are highly utilized
• Ford/Soccer lot event parking challenges
• 50+ paid event parking days
• Consider Scan to Pay Options
• Donovan Park challenges
132
2026 Summer Considerations
• Should summer rates attempt to recoup summer revenue gaps
for on-going repairs (+/- $1M)?
• Balance Rates vs Guest/Business needs
• Attracting guests
• Local needs
• LH parking structure deck repairs - Loss of inventory
• Rate change “fatigue”
• Minor Improvements
• Overnight fees?
• Ford Park – Scan-to-pay?
• Shift bike passholder perk?
133
Direction
PMTF meets February 26, 2026.
What direction does Council have
for the PMTF when considering
recommendations for the 2026
Summer Parking Program?
• Increase rate structure to
increase revenue, OR
• Maintain general rate structure,
recommend minor or no
changes, OR
• Other…
134
Thank you
135
AGENDA ITEM NO. 8.1
Item Cover Page
DATE:April 7, 2026
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:45pm)
SUBJECT:Permission to Proceed Vails Trails East (6:45pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny permission to proceed
for Vails Trails East.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo VTE 4-7-26.pdf
Attachment A. Applicant Narrative.pdf
136
To: Town Council
From: Community Development
Date: April 7, 2026
Subject: Vail Trails East Permission to Proceed
I. SUMMARY
The applicant, Vail Trails East HOA, represented by Ceres+ Landscape Architecture, is
requesting approval for permission to update the landscaping in the adjacent Tract A
parcel between Vail Trails East and Texas Townhomes. Tract A is part of the Town of
Vail Stream Tract.
II. BACKGROUND
In 2015 The Town Council approved a license agreement to allow a ten foot strip of land
along the west side of Tract A, adjacent to Vail Trails East (VTE) for use of access to
accommodate the sidewalk that connects the parking area to the door for the eastern unit
in VTE (image of area below). VTE was built in 1965 and the sidewalk was likely
constructed at that time, but no legal mechanism allowed for maintenance of the sidewalk
until the license agreement was approved.
In March of 2023 Texas Townhomes (TT), directly across Tract A to the east, approached
Town Council with the request to use this portion of Tract A during the reconstruction of
their utilities for their buildings. As part of their request, TT would revegetate the area that
was formerly manicured grass, and turn it into a bioswale to assist in filtering the drainage
that moves through the area. The removal of paved area in Tract A and reseeding and
reclamation of that area was also part of the approval. This work was performed in 2024,
but the appropriate subsoil was not in place causing pooling issues instead of allowing
the water to percolate through the soil. This was then redone in 2025 to the appropriate
specifications.
In December of 2024 a request from TT Unit 1 was approved to allow for tem porary
construction access along the eastern side of Tract A in order to facilitate the construction
and remodel of the unit including exterior residing. The request also included unit 1
removing all encroachments into the Stream Tract as a condition of the approval,
including a hot tub deck that overlooked Gore Creek. Construction completed in the winter
of 2025/2026 and revegetation and reseeding of the area is to be completed during the
summer of 2026.
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Town of Vail Page 2
The request before Town Council today can be summarized in the applicant’s narrative
(attachment A) of the work being proposed. The sidewalk along the eastern side of VTE
is in need of rebuilding to ensure drainage moves away from the building. The applicant
is also proposing to regrade and revamp the bioswale on their side to allow for better
drainage and new plantings along the sidewalk. While the work for the sidewalk within the
10-foot encroachment does not require TC approval, the ancillary work to improve the
bioswale does require approval. The request is similar to the TT request in 2023 where
the parking that is encroaching on Tract A would be removed and the paved area would
be revegetated and reclaimed by Tract A, removing private improvements on public
property.
The exact design and configuration of the bioswale would be reviewed by the Town’s
Environmental and Public Works departments through a Design Review Board
application.
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Town of Vail Page 3
III. APPLICABLE PLANNING DOCUMENTS
Vail Village Master Plan
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 landscape
improvement project on Tract A.”
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 landscape
improvement project on Tract A.”
V. ATTACHMENTS
A. Applicant Narrative
139
Project Narrative – Permission to Proceed
Date: March 2, 2026
Project: Vail Trails East – 433 Gore Creek Dr
L1 – Site Plan
• Proposed grading and boulder retention within existing drainage way to install bioswale between
Vail Trails East and Texas Townhomes
• Proposed cobble bioswale to help slow water flow and allow for successful filtration into native
soil
• Removal of asphalt within TOV property at road edge
• Replacement of existing concrete walkway along Vail Trails East Property
L2 – Planting Plan
• Proposed tree and shrub plantings within/around bioswale
• Proposed Perennial plantings along existing concrete walkway
• Native grass revegetation to help stabilize grade along side of existing drainage way
140
AGENDA ITEM NO. 8.2
Item Cover Page
DATE:April 7, 2026
TIME:10 min.
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:45pm)
SUBJECT:Resolution No. 13, Series of 2026, A Resolution Approving a
Temporary Construction Easement between the Town of Vail and
the Eagle River Water and Sanitation District to the Allow for the
Staging of Construction Materials on Town Owned Property
(7:00pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 11,
Series of 2026.
PRESENTER(S):Chad Salli, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo4-7-26.pdf
Resolution No 13 Series 2026 ERWSD TCE.docx
ERWSD Temporary Easement Request - rev1.pdf
141
To: Town Council
From: Public Works
Date: 04-07-2026
Subject: ERWSD Temporary Construction Easement on Donovan Park Middle Bench
I. BACKGROUND
Eagle River Water and Sanitation District (ERWSD) is planning on replacing water lines
that run along the back lot lines in the Matterhorn subdivision with a new water main in
Geneva Dr. The existing back lot water main has had multiple emergency breaks in
recent years and is difficult to access and maintain. In order to reduce some of the
construction time, impact to the residents and project cost, ERWSD is requesting the
use of a portion of lot just north of Upper Matterhorn Cir for equipment and material
staging to complete the project. There is an existing dead end water main that splits the
subject lot that will need to be excavated in two locations and capped regardless of the
temporary construction staging easement is granted. This lot is part of the Donovan
middle bench which is a designated park. This area is currently vegetated with native
grass. All disturbed areas will be revegetated with native grass.
II. STAFF RECOMMENDATION
Approve, approve with amendments, or deny the requested easement in a form as
approved by the Town Attorney with the condition that the disturbed areas be
revegetated in a manner consistent with an approved restoration plan.
142
Vail GIS, Eagle County GIS
143
RESOLUTION NO. 13
Series of 2026
A RESOLUTION APPROVING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN
THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT TO
THE ALLOW FOR THE STAGING OF CONSTRUCTION MATERIALS ON TOWN OWNED
PROPERTY
WHEREAS, the Town wishes to grant a temporary construction easement to the Eagle
River Water and Sanitation District, neighborhood, in the form attached hereto as Exhibit A
and incorporated herein by this reference (the “TCE”), to allow for a construction staging area
for a major water infrastructure project in the Matterhorn.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the TCE, 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 TCE 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 7th day of April 2026.
_________________________
Barry Davis, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
144
March 10, 2026
Chad Salli
Town of Vail
1309 Elkhorn Drive
Vail, CO 81657
Re: Temporary Easement Request – West Vail Watermain Improvements
Dear Chad,
The purpose of this letter is to request a temporary construction easement on Town of Vail parcel number
2103-123-00-011 located at 1563 Matterhorn Circle An exhibit of the proposed easement is included as
Attachment A. The anticipated duration of the temporary easement is anticipated to be May 1, 2026, to
November 13, 2026. We understand the property is Town of Vail Designated Open Space and would
likely require Town Council approval. The use of the temporary easement would be a construction staging
area for a major water infrastructure project in the Matterhorn neighborhood; that neighborhood has
experienced multiple emergency line breaks in recent years and is the subject of a separate Water
System Master Plan to address out of spec 4” and 6” main lines located in difficult to access back lot
easements. The Project would include abandonment of an unused stub-out watermain in the 1563
Matterhorn Circle parcel, thereby reducing system risk. The impact of the temporary easement would be
damage to surface vegetation from storing materials and construction equipment. The site will be
revegetated/restored with a native seed mix at project completion; approval of the restoration is the sole
discretion of Town of Vail.
There are very few alternatives in the area for a staging area because it is a residential neighborhood with
only TOV Designated Open Space and small residential lots. Daily demobilization and remobilization
would increase construction costs and schedule duration, having an adverse impact on rate payers and
citizens. Thank you for your consideration and we appreciate the ongoing collaborative relationship with
Town of Vail.
Sincerely,
Mark Mantua
Senior Project Manager
(970) 401-0822
mmantua@erwsd.org
Cc: Jeff Schnieider, P.E.
File
Attachments:
Exhibit A: Draft Temporary Easement Area
145
146
147
148
AGENDA ITEM NO. 8.3
Item Cover Page
DATE:April 7, 2026
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:45pm)
SUBJECT:Ordinance No. 3, Series of 2026, First Reading, An Ordinance
Amending Chapter 11 of Title 7 of the Vail Town Code,
Concerning Waste and Recycling Collection Vehicles in Certain
Pedestrian Mall Areas (7:10pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 3, Series
of 2026 upon first reading
PRESENTER(S):Chief Ryan Kenny, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
garbagetrucks.docx
Waste and Recycling Vehicles-O032526.docx
149
March 17th, 2026
To: Town Council
Through: Russ Forrest
Town Manager
From: Ryan Kenney
Chief of Police
Subject: Village Traffic
In November of 2020, the Town of Vail took steps to limit vehicle traffic in pedestrian areas of
Lionshead and the Village. This has included implementing an e-delivery system, changing traffic
patterns, limiting open access and controlled access points. Each of these changes has made
dramatic improvements to the safety and guest experience in both locations. Town staff would
like to continue to make small changes to improve safety. Staff recommends restricting garbage
truck access to Bridge Street and removing parking on International Bridge.
Bridge Street is very narrow and heavily travelled by pedestrians. The presence of garbage trucks
on Bridge Street, at any time of the day, significantly increases the odds of a pedestrian encounter.
Currently, there are five trash locations on Bridge Street. I have spoken to both companies that
collect trash at these locations, and both are willing to do these collections from the intersection of
Bridge and Gore or the top of Hanson Ranch Road. Both companies have assured me that changing
these collection points will not affect cost for the customer.
Parking on International Bridge (north side) has been restricted to trade/maintenance companies
for the past year. This was done on a trial basis to determine if this location was a sustainable
solution. During the last year, there have been multiple issues that make parking at this location
less than ideal. The biggest issue is the size of the vehicles parked there and the frequency of
movement. Both have caused safety concerns. Trade/maintenance vehicles will still be allowed
into the Village to perform work and drop supplies/equipment.
Staff is recommending restricting garbage trucks from Bridge Street and removing parking from
International Bridge.
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ORDINANCE NO. 3
SERIES 2026
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE 7 OF THE VAIL
TOWN CODE, CONCERNING WASTE AND RECYCLING COLLECTION
VEHICLES IN CERTAIN PEDESTRIAN MALL AREAS
WHEREAS, the Town desires to reduce pollution, congestion, noise and related
health concerns created by waste and recycling collection vehicles in the Bridge Street
portion of the Town's pedestrian mall area.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-11-4(E) of the Vail Town Code is hereby amended as
follows:
§ 7-11-4 EXCEPTIONS:
In all pedestrian mall areas, the following vehicular traffic is permitted:
* * *
(E) Waste and recycling collection vehicles except on Bridge Street;
* * *
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more pa rts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
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shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2026 and a public
hearing for second reading of this Ordinance set for the 21st day of April, 2026, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Barry Davis, Mayor
ATTEST:
____________________________
Stephanie Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of April, 2026.
_____________________________
Barry Davis, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
152
AGENDA ITEM NO. 8.4
Item Cover Page
DATE:April 7, 2026
TIME:30 min.
SUBMITTED BY:Jake Shipe, Finance
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items (6:45pm)
SUBJECT:Ordinance No. 4, Series of 2026, First Reading, An Ordinance
Making Budget Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Internal Employee Housing Rental Fund,
Timber Ridge Fund, Health Insurance Fund, and Dispatch
Services Fund of the 2026 Budget for the Town of Vail, Colorado;
and Authorizing the Said Adjustments as Set Forth Herin; and
Setting Forth Details in Regards Thereto (7:30pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 4, Series
of 2026 upon first reading.
PRESENTER(S):Carlie Smith, Finance Director and Jake Shipe, Budget Analyst
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2026 1st Supplemental Budget - Memo.pdf
Ord #4 - 1st Supp 2026 1st Reading.pdf
2026 1st Supplemental Budget - Presentation.pdf
153
TO: Vail Town Council
FROM: Finance Department
DATE: April 7, 2026
SUBJECT: 2026 First Supplemental Appropriation
I. SUMMARY
During Tuesday evening's session, you will be asked to approve the first reading of Ordinance
No. 4, making supplemental appropriations and adjustments to the 2026 budget. The main
purpose of this supplemental is to re-appropriate funds for capital projects and one-time programs
budgeted in 2025 and are continuing into this year, or projects that did not begin as planned. This
supplemental reflects $69.3M of these expenditure re-appropriations, the majority of which is for
the Dobson ice arena renovation ($33.4M). This supplemental also included a roll-forward of
$5.5M in grant and project reimbursement revenues originally expected in 2025, but that will not
be received until 2026.
Colorado experienced a very dry winter, which has reduced visitation across mountain resort
communities and negatively impacted major revenue sources, including sales tax, parking, and
lift tax collections. In response, staff has revised revenue projections downward. Overall,
projected revenues have been reduced by $5,497,221. In response, staff also identified
$7,954,321 in expenditure reductions, including $1,244,821 in operating and $6,709,500 in capital
reductions and project deferrals. Additionally, the Town will forgo the reappropriation of
$1,124,415 in capital projects originally included in the 2025 budget.
Lastly, staff is proposing $5.2M in new requests and adjustments. The majority of these increases,
or $4.8M, are fully or largely offset by new revenues such as grants and reimbursements. An
additional $202.5K of these increases have been previously approved during a Town Council
meeting.
II. DISCUSSION
Proposed Revenue Reductions
Due to the limited snowfall experienced this Winter, several of the Town’s major revenue sources
have lagged behind the original 2026 budget. This supplemental reflects the following decreases
in revenue collections as a result:
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- 2 -
• Sales Tax: General sales tax collections are projected to decrease by $2,638,797
compared to the current budget. The total proposed amended budget for 2026 is
$39,699,003. This represents an overall decrease of 8% compared to the 2026 original
budget. This amount will decrease sales tax revenues in the General Fund by $1,636,054,
and in the Capital Projects Fund by $1,002,743.
• Housing Sales Tax: Collections of the 0.5% sales tax dedicated to community housing
are projected to decrease by $306,160 compared to the current budget, in-line with
general sales tax collections. The proposed amended annual budget is $4,834,840.
• Ski Lift Tax: Ski lift tax collections are projected to decrease by $909,625 compared to
the current budget. This represents a 10% decrease from 2025. The proposed amended
budget for 2026 totals $6,039,641.
• Parking Revenues: Parking revenues are projected to decrease by $1,542,639
compared to the current budget. This represents a 9.0% decrease compared to 2025. The
total amended budget for all parking and transportation revenues (including daily parking
fees, parking passes, and electric vehicle charging) totals $8,965,340.
These changes will be discussed in more detail during the afternoon session.
SB-230 Transit Enhancements
The Town has been awarded a grant award by the state Clean Transit Enterprise in the amount
of $938,499 for transit service expansion, funded by the oil and gas production fees imposed
under SB24-230. This grant reimburses 80% of costs up to the maximum, with the Town
responsible for funding the remaining 20%. With the revenue reductions, the General Fund could
not support the town’s 20% match totaling $271,328 without utilizing reserves or adjusting the
sales tax split between the General Fund and the Capital Project Fund. At the February 17th Town
Council meeting, Council supported the service enhancements, and to adjust the current
62%/38% sales tax split between the General Fund and Capital Projects Fund as necessary to
fund these enhancements, up-to 63%/37%. Since the February 17 meeting, staff has begun the
hiring process for the additional positions needed to support these service enhancements. The
supplemental budget includes both the anticipated grant funding and associated expenditures.
However, if staffing needs cannot be fully met, the enhanced transit services as well as the grant
funds will be deferred until next summer.
These enhancements funded by this grant require supplementing a net budgetary increase
to the Town of $271,328. The specific budgetary impacts are listed below:
• The services enhancements require a net increase in Full-Time Equivalent positions
(FTEs) of 11.0 compared to the 2025 baseline. This includes nine full-time bus drivers,
one bus supervisor, and one fleet mechanic. In the 2026 budget, staff place-held 6.0 of
these positions in anticipation of at least a partial-service enhancement. In order to
implement these enhancements, an additional 5.0 FTEs will be added to the Town’s
budget, increasing the total Town-wide FTE count to 385.71.
• Revenues will be increased by $938,499 to reflect collection of the SB24-230 grant.
• Salaries and benefit expenditures will be increased by a total of $912,088 in the General
Fund ($830,188) and Heavy Equipment fund ($81,900), to reflect the cost of the 11.0 FTEs
associated with this grant.
• Departmental Heavy Equipment operational charges will be increased by $370,867 to
reflect the total cost of fuel, increased repairs and supplies, and HEF personnel required
to support the increased service. Revenue in the Heavy Equipment Fund will be increased
by the same amount. As this an internal service charge, this has no net impact on Town-
wide expenditures.
• Revenues and expenditures in the Health Insurance Fund will be increased by $173,506
to reflect the estimated cost of health insurance benefits for the new personnel. The
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estimated Town-paid costs of $135,350 cost are already reflected in the benefit cost listed
above, and as an internal change, have no net impact on Town-wide expenditures.
General Fund
Revenue
General Fund revenues have been increased by $2,660,049 offset by a decrease in revenues
forecasts totaling $4,203,626 as described above and a decrease in interfund transfers of
$5,000,000. Of the $2,660,049 increases in revenue, $1,486,750, reflects project reimbursements
and grant funding that will be directly offset by corresponding expenditures, including the
following:
• $938,499 in funding from the SB 24-230 transit operational grant, described in detail
above.
• $400,000 reimbursement from East West for planning and legal costs incurred related to
West Lionshead.
• $89,702 re-appropriation for the DOLA Housing Capacity grant originally budgeted in 2024
and ongoing into 2026. This is an 80% matching grant.
• $43,549 re-appropriation of the 2025-2026 High Visibility DUI Enforcement from the state
originally budgeted in 2025 and ongoing into 2026.
• $8,000 in reimbursements for recruiting costs to be performed for the Eagle River Fire
Protection District in according with the Wildfire IGA approved by council at the March 3rd
meeting.
• $7,000 utilization of the police crimes fund towards initiatives carried out by the GRAINTE
interagency drug task force.
The remaining $1,173,344 increase in revenue includes the following:
• $586,000 in collections from the Automated Speeding Enforcement Cameras. This offsets
an increase in fees for this program of $239,180. Total net collections (including the
camera lease fees already included the budget) for 2026 are conservatively projected at
$298,000. Between November 2025 when the cameras were put in place, through the
end of February, the Town has collected a net $73,922.
• $285,616 roll-forward for wildland fire deployment reimbursements in 2025 that are still
making their way through the state reimbursement process. All reimbursements for the
prior year are typically received by June/July.
• $271,328 increase resulting from the adjustment to the sales tax split between the
General Fund to accommodate the Town’s match for the SB24-230 grant (additional
detail is located above).
• $28,400 in collections for chain law violations during the Spring.
• $2,000 true-up of the management fees paid to the Town by the Vail Local Marketing
District.
Revenues have also been decreased by $5,000,000 to reflect the elimination of the planned
repayment to from the Capital Projects Fund for loan for the Dobson Arena redevelopment based
on project timing. The 2025 budget included an $8,000,000 transfer from the General Fund to the
Capital Projects Fund, with the first $5,000,000 repayment scheduled for 2026. However, based
on project cash flow timing, the transfer was not needed in 2025, and no funds were transferred.
Accordingly, $3,000,000 of the original $8,000,000 loan has been reappropriated to expenditures
in 2026 and will be repaid in full 2027 with Vail Reinvestment Authority Funds
General Fund expenditures are proposed to increase by $13,594,735, offset by a decrease in
expenditures of $15,018,610. $1,245,124 of the increased expenditures are related to the transit
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enhancements related to the SB24-230 grant described above, while another $760,183
represents expenditures that are fully or partially offset by the revenue items listed above.
Another $3,327,929 represent re-appropriation of expenditures for ongoing projects, such as the
$3,000,000 loan to the Capital Projects Fund for the Dobson Arena described above, and
$237,929 for the ongoing neighborhood drainage master plan.
The remaining $2,664,499 represents the following new requests and adjustments:
• $125,000 for the Town’s portions of legal and consultant costs related to the potential
implementation of a Downtown Development District in the West Lionshead area. This is
offset by savings in 2025 in the Civic Area Master Plan. This was approved by the Town
Council at the January 6th meeting.
• $55,000 for the development and implementation of an internal management training and
business development plans for the Town’s departments utilizing 2025 savings in contract
services in the Human Resources department. This was approved by Council at the March
3rd meeting.
• $7,000 for the purchase of training material and storage devices for the new explosives
detection canine.
• $4,400 for professional services to upload the Police Department’s standard operating
procedures into the Lexipol policy management system.
Of the decrease in expenditures totaling $15,018,610, $6,815,511 are budgetary reductions to
addresses the shortfall in revenues experienced during this winter season and includes the
following:
• A net decrease in the transfer to other funds of $5,650,000 for the purchase of additional
units at Timber Ridge. These units will instead be purchased by the Internal Employee
Housing Fund to increase flexibility in rental options and offer an employee buydown
purchase option. A total of $22,449,908 in funding is still committed to the purchase of
Timber Ridge units Town-wide, however the $5,650,000 of funds will be paid from the
Housing Fund, reducing the burden to the General Fund.
• $599,274 reduction in General Fund departmental operational expenditures.
• $196,462 reduction in Heavy Equipment charges realized through savings in the fleet
department
• $344,755 reduction in personnel expenditures achieved through managed vacancies
through March and savings from unused vacation buyback funds.
The remaining decreases in expenditures includes the following items:
• A reduction of $60,000 in Housing Department operational expenditures for contract
services related to a Deed Restriction compliance software. This expenditures has been
moved to the Capital Projects Fund to allow the Town to license a software-solution for
this purpose. This has no net-impact to the Town-wide budget.
• A reduction in the special events funding transfer to the Vail Local Marketing District of
$15,000 to reflect the absorption of extra-duty worked by police officers for the 4th of July
event by the VLMD special events budget.
The above adjustments to the General Fund 2026 budget result in an estimated fund balance of
$66.4 million by the end of 2024, or 104% of annual revenues in a normal year however only
$37.8M of that is availbale to spend above and beyond restricted amounts
Capital Projects Fund
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Budgeted revenues will be adjusted by an increase of $10,498,152, offset by a decrease of
$5,673,541. Of the decrease in revenue, $1,274,071 relates to decreases in revenue due to the
economic conditions, while a decrease of $4,399,500 is related to the timing of Timber Ridge
reimbursements. This reimbursement of this will be dependent upon sales.
Of the increases in revenue, $7,219,210 are related to reimbursements and grants for capital
projects originally budgeted and committed to in prior years but are being re-appropriated due to
project timing. These revenues will be directly offset by re-appropriated project expenditures.
These include:
• A loan of $3,000,000 from the General Fund to facilitate the cash-funding of the Dobson
Arena Redevelopment, to be repaid in 2027. The 2025 budget originally included a
transfer in the amount of $8,000,000 for this purpose, with the first $5,000,000 installment
to be repaid in 2026. Based on the timing of project cash-flows, the full amount was not
needed in 2025. Accordingly, the first repayment of $5,000,000 has been eliminated from
the expenditure budget. The General Fund will now just transfer $3.0M to the Capital
Projects Fund in 2026 which will be reimbursed in full in 2027.
• The second half of the Vail Recreation District’s contribution to the Dobson Arena
redevelopment in the amount of $1,700,000.
• A total of $1,897,829 utilization of the Holy Cross franchise fee and underground
enhancement funds for the conversion of overhead electric lines to underground lines in
conjunction with the planned fiber optic project. These funds are built-up over time and
recognized when used towards applicable projects.
• $524,313 Multi-Model Option Funds grant to be used towards the design of an expanded
Mobility Hub at the Vail Transportation Center
• $91,964 Multi-Model Option Funds grant to be used towards the continuing bollard
infrastructure project
• $5,104 for the remaining Colorado Energy Office grant towards the design of a
Geothermal Energy District
Additionally, this supplemental budget includes $3,278,942 in new one-time revenue sources.
These include:
• Staff is proposing to utilize $1,908,277 in deferred Traffic Impact fees on the Timber Ridge
Bus Stop construction. Traffic Impact Fees are imposed on development to fund future
transportation-related capital improvements needed to facilities the growth imposed by the
development. The Town collects these fees during the development process and puts
them aside until the design and construction of an appropriate project. This will utilize
almost all of the deferred Traffic Impact Fee balance, which is approximately $1,920,000.
• A $1,254,076 Clean Transit Enterprise state grant award for the purchase of an additional
electric bus to support enhanced transit service. This partially offsets an expenditure
increase of $1,675,000 for the acquisition of the additional bus.
• A Colorado Charge Ahead grant award of $70,000 for the installation of electric vehicle
charging stations included in the 2026 Energy Efficiency Upgrade package. This is offset
by an increase in expenditures towards this project’s contingency.
• Federal clean energy tax incentives totaling $46,589, reimbursing the Town’s investment
in prior-year electric vehicle charging stations and pilot electric vehicle purchases. This by
an increase in expenditures for additional contingency in the Energy Efficiency Upgrade
package.
Staff is requesting to supplement 2026 expenditures by a total of $53,214,909, offset by
decreases in expenditures of $6,590,500. Of the decreases, $1,590,500 represents
reductions and deferrals as a response to the revenue reductions, with an additional
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$5,000,000 decrease based on the timing of the loan from the General Fund for the Dobson
Arena.
Of this increase, $51,329,320 represents projects budgeted in 2025 but that have not yet
completed/received such as the Dobson Arena Remodel ($33.4M), Holy Cross unground
conversion in East Vail ($4.2M), Timber Ridge Transit Stop ($1.9M), and the placeholder for the
replacement of snowmelt boilers upon failure ($1.6M).
Please see the Capital Projects Fund statement for a full list of all re-appropriations.
The remaining $1,885,589 increase in expenditures is for new requests/adjustments, of which
$1,791,589 is fully or partially offset by new revenue sources as described above. The remaining
requests and adjustments including the following:
• $60,000 for a software to track and monitor deed restriction compliance. This is offset
by an equal decrease in contract services in the General Fund housing department
budget, and has no impact to Town-wide expenditures.
• $22,500 for to true-up the budget for the Police Department’s Axon body-worn
cameras. This was approved by Council in during the final supplemental of 2025 in
December.
• $11,500 to outfit an existing police department vehicle for usage by the new explosives
detection canine.
The budget reductions and deferrals identified by staff, totaling $1,590,500, include the following:
• A reduction of $525,000 for parking structure maintenance. Staff believes the remaining
budget of $1,888,319 is sufficient for 2026 based on the Town’s current long-term capital
maintenance plan for the structures.
• A deferral of $375,000 for the East Kinnickinnic bridge rehabilitation until 2027. Design is
anticipated to proceed in 2026.
• A deferral of $250,000 for a pilot installation of roundabout traffic counters in the Mail Vail
roundabout until 2027.
• A reduction of $160,000 in the contingency budget for the replacement of hybrid/EV bus
batteries upon failure. Staff believes the remaining contingency of $200,000 is sufficient
to cover potential failures during 2026 based on the number of buses coming out of the
warranty period this year.
• A deferral of $150,000 for the design of the Lionshead Structure east stair snowmelt
system until 2027. Construction is anticipated to proceed in 2027 at a cost of $750,000.
• A deferral of $126,000 the purchase additional anti-vehicle barriers until 2027.
• A reduction in the storm drain labeling project to indicate drainage to the creeks of $4,500.
A budget of $85,500 remains.
All of the above adjustments will result in an estimated fund balance of $20.7 million by the end
of 2026. Of that amount, $7.0 million is unrestricted by the minimum reserve requirement or debt
obligations.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $576,135. The majority of this or
$416,135 is for revenue reimbursements and grants originally budgeted and awarded in prior
years but delayed due to project timing. These revenues will be directly offset by re-
appropriated project expenditures. This includes:
• $205,309 for the contribution from the Eagle River Water and Sanitation District towards
the Dowd Junction Stabilization project.
• $125,000 for the USFS grant for the Booth Creek Fuels Implementation
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• $75,000 for a contribution from the Evergreen Development towards the Middle Creek
on TOV-owned land as required by the development process
• $10,883 for the bear education grant from Colorado Parks and Wildlife
The remaining $160,000 increase in revenue is related the amendment to the intergovernmental
agreement with Eagle County for the wildfire mitigation and response program, approved by
council at the March 3rd meeting. This directly offsets an equal increase in expenditures of
$160,000 for the purchase of an additional wildland vehicle ($70,000), implementation of fuels
reduction in the WRPP work area ($75,000), curbside chipping ($10,000), and small equipment
($5,000).
Staff is requesting to increase expenditures by a total of $6,076,190, offset by a decrease
in expenditures of $208,310.
Of the increase in expenditures of which $5,830,017 represents projects and programs budgeted
in 2025 but that have not yet completed. This includes the Gore Creek Promenade rehabilitation
($1.1M) TOV contribution to the replacement of Athletic Field restroom and concession building
($789.5K), and the replacement of the Ford Park turf field with a synthetic alternative ($450.0K).
Please see the Real Estate Transfer Tax fund statement for a full list of all re-appropriations.
Of the remaining $246,173 increase for new requests and adjustments, $160,000 are
reimbursed by the new revenue sources detailed above. The remaining adjustments
include the following:
• $85,500 for the development of a recreation master plan to identify the current capacity
and future needs as the community receives new residents upon completion of the various
housing developments under construction.
• A $1,173 adjustment to Heavy Equipment Charges for RETT fund departments based on
a re-allocation of charges.
The above adjustments will result in an estimated fund balance of $8.8 million at the end of 2025.
Of that amount, $6.8 million is available above the minimum reserve requirement.
Housing Fund
Budgeted revenue will increase by $871,595, offset by a decrease of ($14,079,259) for the
following items:
• Re-appropriate $421,595 for the sale of the Pitkin Creek Park #3B unit purchased by the
town in 2024. This unit was resold to the communityas a deed restricted unit in March of
2026.
• $450,000 for the collection of Employee Housing Unit (EHU) credits payments in
association with the Timber Ridge project.
• A decrease in Housing Sales Tax collections of $(306,160). Please see the first section of
this memo for additional detail.
• A decrease in the transfer from the General Fund for community Timber Ridge unit
purchases of $(13,773,099). The Housing fund will purchase $5,826,849 of units utilizing
housing fund balance, Indeed Funds and BuyDown Funds. The remaining $$16,623,099
of units will instead be purchased by the Internal Employee Housing Fund utilizing $8.5M
from the Capital Project Funds and $8,123,099 from the General Fund. This will allow
those units to be utilized for both employee rentals and an employee buydown program
currently being developed.
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Staff is also requesting to increase budgeted expenditures for re-appropriations in the amount of
$5,084,355, offset by a decrease in expenditures of $8,123,099 for Timber Ridge units described
above and a decrease of $15,308 for the 5% Housing Sales Tax collections fee paid to the
General Fund. The re-appropriation requests include:
• $1,389,222 for the placeholder for the purchase of buy-down housing units, to be resold
to the community with a deed restriction. This factors in a $2.0 million reduction to allow
housing funds to be utilized towards the purchase of Timber Ridge Units.
• $975,645 for the Vail InDEED program. Total funding is proposed at $2.0M for 2026.
This factors in a $3.0 million reduction to allow housing funds to be utilized towards the
purchase of Timber Ridge Units.
• $619,488 for the design of a housing development at the East Vail CDOT parcel.
• $50,000 for the final payment of the opportunity fee at Residences at Main Vail.
• $50,000 placeholder to explore a potential future housing development at the Eagle-Vail
parcel, in collaboration with other entities.
All of the above adjustments will result in an estimated fund balance of $161.7K by the end of
2026.
Internal Employee Housing Rental Fund
Budgeted expenditures will increase by $8,123,099 for purchases of additional units at Timber
Ridge to allow for rental to internal employees until the Town makes a decision about the final
purpose of these units. The placeholder for purchases of units from the Housing Fund has been
decreased by an equal amount. It will be determined at a future date if these units may be retained
in the internal housing pool, or sold back to the community. This increase in expenditures is offset
an equal transfer from the General Fund, with no net impact to the Internal Employee Housing
Rental Fund.
The above adjustments will result in an estimated fund balance of $357.6K at the end of 2026.
Dispatch Services Fund
Budgeted expenditures are requested to increase by $1,652,317. Approximately half of this
amount, $804,610, represents re-appropriation of ongoing capital projects. This includes the
following:
• $750,000 for the replacement of the Records Management System (RMS)
• $97,449 for the Mobile Responder Command and Control tool
• $23,384 for the ongoing analysis of the Dispatch Center’s structure, staffing, and tools
The remaining increase in expenditures of $781,484 is for new requests and includes the
following:
• $781,226 for an upgrade to the AXS radio console. The current consolettes have reached
end-of-life status, and the state has required that all infrastructure be upgraded by 2030.
Proactively addressing these needs now will support operational continuity, maintain
system reliability, and align our agency with both state requirements and regional upgrade
timelines. The majority of this cost, or $766,226, will be reimbursed by the county 911
Authority Board.
• An adjustment to Heavy Equipment Charges of $258 based on the Town-wide charge
reallocation.
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The above adjustments will result in an estimated fund balance of $2,426,837 at the end of 2026.
Heavy Equipment Fund
Budgeted expenditures are proposed to increase by $1,158,139, offset by a reduction in
expenditures of $196,462. The majority of the increase in expenditures, $824,000 is requested
for vehicle replacements originally budgeted in 2025. Most vehicles budgeted for have been
ordered and are awaiting delivery.
The remaining increase in requested expenditures and revenues are related to the SB24-230
service enhancements as described in the beginning of this memo.
The fleet budget has been reduced by $196,462 to address the decreases in revenue forecasts
described at the beginning of this memo. This is offset by an equal decrease in heavy equipment
operational charges from the General Fund, leading to the General fund which is realizing savings
in the amount of $196,462.
The above adjustments will result in an estimated fund balance of $3.0M at the end of 2026.
Health Insurance Fund
Revenues and expenditures have been increased by $173,506 to reflect the increased cost to the
Town’s Health Insurance Plan for the 11.0 additional FTE’s being added to accommodate the
increased Transit Service in association with the SB24-230 grant, as described above.
The Health Insurance Fund is estimated to have a fund balance of $3.8M at the end of 2026.
Timber Ridge Fund
The Timber Ridge Fund reflects a net decrease in expenditures of $129,233 due to the following
adjustments:
• An increase in expenditures of $100,000 for a contingency for legal fees associated with
the project.
• A decrease in the interfund loan repayment to the General Fund of $(229,233) to reflect
the actual loan amount received in 2025 ($20,115,596).
162
Proposed Variance
2024 2025 2025 Favorable /2026 1st Budget 2026
Actuals Amended Actuals (Unfavorable)Budget Supplemental Reductions Amended Notes
Revenue -1.2%
Local Taxes:42,177,661$ 42,064,000$ 43,606,691$ 1,542,691$ 42,337,800$ (2,638,797)$ 39,699,003$ Reduced sales tax collections ($2.0M)
Sales Tax Split b/t Gen'l Fund & Capital Fund 59/41 62/38 60/40 62/38 63/37
-
Sales Tax 25,326,999 26,330,000 26,330,000 - 26,539,800 271,328 (1,636,054) 25,175,074 Reduced sales tax collections allocated to GF ($1.5M)
Property and Ownership 8,104,077 8,083,644 8,088,653 5,009 8,299,526 8,299,526
Ski Lift Tax 6,745,551 6,915,427 6,702,598 (212,829) 6,949,266 (909,625) 6,039,641 Reduced ski lift tax colections ($817.7K)
Franchise Fees, Penalties, and Other Taxes 1,941,406 1,971,710 1,963,678 (8,032) 1,871,663 1,871,663
Licenses & Permits 3,588,339 3,451,625 3,570,625 119,000 3,512,761 3,512,761
Intergovernmental Revenue 4,046,161 4,371,847 4,550,365 178,518 3,677,926 1,275,664 (100,000) 4,853,590
SB-230 Transit Operating Grant ($938.5K); Re-appropriate remaining DOLA
Housing Capacity Grant ($89.7K); Reduced county sales tax ($100.0K); Re-
appropriate High Visibility DUI Enforcement Grant ($43.5K); Re-appropriate
uncollected 2025 wildfire deployment reimbursements ($285.6K); Eagle
County Wildfire IGA reimbursement for recruiting costs ($8.0K)
Transportation Centers 9,439,942 10,275,496 10,064,384 (211,112) 10,507,979 (1,542,639) 8,965,340 Reduced parking collections ($1.0M)
Charges for Services 1,381,615 2,060,185 2,006,967 (53,218) 1,990,877 2,000 (15,308) 1,977,569 True-up VLMD management fees ($2.0K); Reduced Housing Sales Tax
collections fee (-$15.3K)
Fines & Forfeitures 498,731 337,116 494,264 157,148 235,553 614,400 849,953 Estimated 2026 automated speed enforcement violations ($586.0K); Spring
2026 Chain Law Violation collections ($28.4K)
Earnings on Investments 3,904,454 2,226,834 2,650,194 423,360 1,057,245 1,057,245
Rental Revenue 1,927,709 862,187 767,694 (94,493) 808,219 808,219
Miscellaneous and Project Reimbursements 215,527 160,400 218,582 58,182 230,353 7,000 237,353 Usage of PD forefeiture funds for GRANITE initiatives ($7.0K)
Total Revenue 67,120,511 67,046,471 67,408,004 361,533 65,681,166 2,170,392 (4,203,626) 63,647,932
0.0%
Expenditures
Salaries 27,428,951 31,239,767 29,772,170 1,467,597 32,237,878 637,853 (242,379) 32,633,352 Increased personnel costs for SB-230 transit enhancements
Benefits 8,437,878 9,752,729 9,326,346 426,383 10,239,633 192,335 (102,396) 10,329,572
Subtotal Compensation and Benefits 35,866,829 40,992,496 39,098,516 1,893,980 42,477,511 830,188 (344,775) 42,962,924
Contributions and Welcome Centers 220,828 836,551 810,523 26,028 359,451 359,451
Childcare Program Funding 282,999 551,000 213,694 337,306 529,583 529,583
All Other Operating Expenses 11,593,340 14,667,243 12,094,794 2,572,449 13,784,946 299,080 (599,274) 13,484,752
Estimated automated speeding violation fees ($239.2K); Shift budget for deed
restriction compliance tool to Capital Projects Fund ($60.0K); Re-appropriate
departmental business planning ($55.0K); Operational costs related to transit
enhancements ($45.5K); Purchase of training supplies for explosives
detection canine ($7.0K); Funding for GRANITE initiatives offset by usage of
PD forefeiture funds ($7.0K)
Heavy Equipment Operating Charges 2,918,585 3,600,248 3,262,577 337,671 3,929,247 369,436 (196,462) 4,102,221 Increased HEF operational charges for SB-230 expanded transit operations
Heavy Equipment Replacement Charges 1,334,717 1,340,867 1,464,426 (123,559) 1,532,162 1,532,162
Dispatch Services 691,448 827,331 827,331 - 936,217 936,217
Total Expenditures 52,908,745 62,815,736 57,771,861 5,043,875 63,549,118 1,498,704 (1,140,511) 63,907,311
Surplus (Deficit) from Operations 14,211,765 4,230,735 9,636,143 5,405,408 2,132,049 671,688 (3,063,115) (259,378)
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
163
Proposed Variance
2024 2025 2025 Favorable /2026 1st Budget 2026
Actuals Amended Actuals (Unfavorable)Budget Supplemental Reductions Amended Notes
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
Transit Route & Operations Planning (70,320) (19,880) (19,888) (8) - Utilize portion of contingency towards West Lionshead ($200)
VLMD Transfer for Destination Stewardship Mgmt. Plan - - -
Destination Stewardship Mgmt. Plan (43,209) (100,596) (92,958) 7,638 - Utilize funds towards water filling stations in RETT fund (-$60.0K)
Civic Area Master Plan (244,257) (188,612) (29,663) 158,950 (25,000) - (25,000) Utilize savings in Civic Area Master Plan towards permitting software
implementation (-$40.2K)
West Vail Master Plan - (150,000) - (25,000) (25,000)
West Lionshead Master Plan-TOV (20,000) (131,000) (130,094) 906 (125,000) (125,000) Utilize portion of contingency towards West Lionshead ($1.0K)
West Lionshead Master Plan Reimbursements 400,000 400,000
West Lionshead Master Plan (400,000) (400,000)
Neighborhood Drainage Master Plan - (350,000) (112,071) 237,929 (237,929) (237,929)
Housing Capcity Grant 159,125 46,123 (113,002) 89,702 89,702
Housing Capacity Initiatives (159,125) (46,123) 113,003 (113,003) (113,003) Re-allocate portion of grant expenditures to CPF for permitting software
implementation (-$100.0K)
Code Modernization Plan - - (100,000) (100,000)
Contingency - (48,800) - 48,800 - Utilize portion of contingency towards West Lionshead and Transit Route
Planning (-$1.2K)
Contributions Funded with Reserves
ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) -
Net Increase /(Decrease) due to One- Time Items: (477,786) (988,888) (384,673) 604,215 (150,000) (386,230) - (536,230)
Transfer (to)/from Marketing & Special Events Fund (1,745,858) -
Transfer (to)/from VLMD for Special Events - (2,522,299) (2,044,135) 478,164 (2,667,500) 15,000 (2,652,500)
RETT repayment for Booth Heights Legal Fees 945,247 - -
Transfer to Capital Projects Fund for Dobson Renovation (CPF
Loan)(8,000,000) - 8,000,000 5,000,000 (8,000,000) (3,000,000)
Transfer from RETT for Destination Stewardship - - -
Transfer (to) RETT for Destination Stewardship (2,976) (70,010) (70,010) - - Transfer Destination Stewardship funds to RETT for bottle filling station
installations ($60.0K)
Transfer (to)/from Housing Fund (Community TR Unit Purchases)- - (13,773,099) 13,773,099 -
Transfer to Internal Employee Housing Fund (TR Unit Purchases)(8,123,099) (8,123,099)
Transfer (to)/from Other Funds (Other)(554,825) -
Timber Ridge
Transfer to TR for Redevelopment (Loan to TR)(20,115,596) (229,233) - 229,233 20,344,829 (229,233) 20,115,596 $20.3M Loan for TR units
Middle Creek Redevelopment (Transfer to HF)-
Surplus (Deficit) Net of Transfers and One-Time Items (7,740,028) (7,579,695) 7,137,324 10,886,279 (7,928,775) 2,586,885 5,544,389
Beginning Fund Balance 61,440,888 53,700,860 53,700,860 46,169,876 60,838,184
Ending Fund Balance 53,700,860$ 46,121,164$ 60,838,184$ 57,056,155$ 66,382,573$
As % of Annual Revenues 80%69%90%87%104%
Reserved/Restricted Fund Balances
Reserve Minimum Requirement (25% of Revenues)16,780,128 16,256,489 16,256,489 16,420,292 (508,309) 15,911,983
Parking Capital Reserve - 6,230,000 6,230,000 8,230,000 8,230,000
Employee Homeownership Program (EHOP) Balance 1,621,907 2,121,907 2,121,907 2,121,907 36,574 2,158,481
Childcare Program Reserve funded by Tobacco Tax 2,032,179 2,032,179 2,289,571 2,289,571 2,289,571
Total Ending Reserved Fund Balances 20,434,214 26,640,575 26,897,967 29,061,769 28,590,035
Ending Fund Balance- Available 33,266,646$ 19,480,589$ 33,940,217$ 27,994,386$ 37,792,538$
164
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Revenue
Total Sales Tax Revenue:42,064,000$ 43,606,691$ 1,542,691$ 42,337,800$ (2,638,797)$ 39,699,003$ 2026: Flat, with adjustments for anticipated redevelopment impacts
Sales Tax Split between General Fund & Capital Fund 62/38 60/40 62/38 63/37 Sales tax split 62/38
Sales Tax - Capital Projects Fund 15,984,000 17,276,691 1,292,691 16,088,000 (271,328) (1,002,743) 14,813,929
Use Tax 2,502,000 2,424,403 (77,597) 2,502,000 2,502,000 2026: Based on three-year average, with no major developments included at this time
Traffic Impact Fee - - - - 1,908,277 1,908,277 2026: Utilize deferred traffic impact fees towards Timber Ridge Bus Stop ($1.9M)
Franchise Fee 1,123,392 - (1,123,392) - 1,123,392 1,123,392
2025: Utilization of 1% Franchise Fee for Holy Cross underground utilities project ($1.1M); 2026: Re-
appropriate utilization of 1% franchise fee for Holy Cross underground utilities project ($1.1M)
Federal Grant Revenue 1,613,760 1,613,760 - - 46,589 46,589
2025: Federal Grant #24-HTR0ZL00250 for purchase of two buses ($1.6M)
2026: Federal energy tax credits towards prior-years EV charger EV pilot projects; Utilize funds to
increase contingency for energy efficiency performance contract ($46.6K)
Other State Revenue 1,171,964 550,583 (621,381) 1,781,507 1,329,180 616,277 3,726,964
2025: MMOF Grant towards Mobility Hub Design ($750.0K); CO Energy Office Geothermal Design Grant
($250.0K); MMOF Grant toward Bollards ($92.0K); CDOT Grant towards 3 electric bus chargers
($154.1K); Eliminate Reappropriation of CDOT #22-HTR-ZL-011 Received in 2024 (154.0K); 2025: DOLA
Housing Capacity Grant utilized towards permitting software ($80.0K); 2026: State GeoX System Tax
Credit ($1.8M);
2026: State Clean Energy Enterprise grant towards electric bus ($1.3M); Re-appropriate MMOF
Grant towards Mobility Hub Design ($524.3K);Re-appropriate MMOF Grant toward Bollards
($92.0K); Colorado Charge Ahead grant towards EV charges in EPC; Utilize funds to increase
contingency for energy efficiency performance contract ($70.0K) Re-appropriate CO Energy Office
Grant towards Geothermal Design ($5.1K)
Lease Revenue 172,270 168,826 (3,444) 172,270 172,270 Per Vail Commons commercial (incr. every 5 years)
Project Reimbursement- TR Land Reimbursement - - 4,399,500 (4,399,500) - 2026: Timber Ridge Land Reimbursement ($4.4M); Defer Timber Ridge Land Reimbursement to 2027
Project Reimbursement 774,437 32,498 (741,939) - 774,437 774,437
2025: Utilization of HCE Funds for Underground Utility Project with Holy Cross ($774.4K);
2026: Reappropriate utilization of HCE Funds for Underground Utility Project with Holy Cross
($774.4K)
Misc - 11,542 11,542 - -
Donations - - 9,000 9,000 2026: Utilization of Friends of Library Donations towards Game Table ($9.0K)
Timber Ridge Loan repayment 462,909 55,379 (407,530) 3,488,184 3,488,184 2026: Full repayment of remaining balance of 2013 loan from the Capital Projects Fund to the Timber
Ridge Fund ($3.5M)
Earnings on Investments and Other 1,611,957 1,823,341 211,383 139,000 139,000 2026: 2.5% return assumed
Total Revenue 25,416,689 23,957,023 (1,459,666) 28,579,461 (1,386,782) 2,514,106 (1,002,743) 28,704,042
Expenditures
Facilities
Facilities Capital Maintenance 430,000 278,517 151,483 360,000 360,000
Annual repair and maintenance costs of Town-owned facilities. 2026 includes:
-Fire Station Upkeep ($97.5K)
-Library Hot Water Heater & Fire Panel Replacement ($17.8K)
-Transit Cetner Upkeep ($50.0K)
-Public Work Shops Garage Door & Window Replacements ($45.0K)
-Miscellaneous Facility R&M ($150.0K)
Municipal Complex Maintenance 702,788 435,015 267,773 - 394,271 394,271
Annual repair and maintenance cost of Municipal Complex including the Police Department
2026: Re-appropriate funds towards ongoing Municipal Complex maintenance ($267.7K);
Repurpose 2025 savings in general facilities maintenance towards PD Rooftop HVAC units
($126.5K)
Building Energy Enhancement Projects 75,000 - 75,000 - - 2025: Efficiency enhancements in Town building, pending results of 2024 Energy Audit ($75.0K)
Public Works Building Maintenance - - - 100,000 100,000 2026: Placeholder for Public Works Building roof rehabilitation/repairs ($100.0K)
Public Works Specialty Equipment 30,000 29,105 895 - - 2025: Purchase of Sign Shop Printer ($30.0K)
Welcome Center/Grandview Capital Maintenance 25,000 - 25,000 25,750 25,750 Placeholder for annual capital maintenance of Welcome Center and Grandview Room
Welcome Center display upgrades - - - 150,000 150,000 2026: Placeholder for routine updates to Welcome Center Displays $150.0K
Purchase of Employee Rental Units 2,046,641 2,042,204 4,437 - - 2025: Purchase of Hamlet Townhome Unit #3 ($2.1M); All Future purchases of employee units will be
reflected in the Internal Housing Fund
Geothermal Energy System 1,843,096 394,896 1,448,200 - - Utilize placeholder for Geothermal Energy System towards the 2026 Energy Performance Contract which
includes the first Geothermal Node ($1.5M) budgeted below
165
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Energy Efficiency Performance Contract - - - 9,123,235 116,589 8,043 9,247,867
2026: Energy efficiency upgrade package -
Includes the following measures:
-Geothermal Energy Node/Borefield at Library & Dobson Ice Arena (Ground Source Heat Pump)
-Parking Structure LED Fixtures
-Solar Systems and Battery Storage at Library and Donovan Pavilion
-17 Level 2 EV Charging Stations at Donovan Park Pavilion, Ford Park, Stephen's Park, Public Works, and
Vail Golf Clubhouse
-Snowmelt and Facility Heating Control upgrades
-Other miscellaneous items such as window & insulation upgrades and fire pit flame reductions
2026: Increased project contingency utilizing prior year federal tax credits ($46.6K) and Colorado
Charge Ahead Grant ($70.0K); Utilize 2025 savings in Building Energy Enhancements towards
additional project contingency ($8.0K);
Snowmelt Boilers Replacement 1,895,594 20,320 1,875,274 - 1,655,274 1,655,274 2026: Roll-forward placeholder for routine replacement of snowmelt boilers with like-equipment;
May be necessary depending on financial and technical feasibility and timing of the Geothermal
Energy District currently under exploration ($1.7M)
Arrabelle Snowmelt Boilers 190,000 - 190,000 - 410,000 410,000
2025: Placeholder for Arabelle Boiler Replacement - Shared cost managed by Vail Resorts ($190.0K);
2026: Re-appropriate funds towards Arabelle Boiler Replacement - Shared cost managed by Vail
Resorts ($190.0K); Re-purpose general snowmelt boiler replacement placeholder towards
increased cost of Arabelle upgrades based on Town's share of usage and total project cost
($220.0K)
Donovan Pavilion Remodel 109,500 - 109,500 25,000 25,000
2025: Main Floor refinishing/resealing ($35.0K); Walk-behind floor buffer/sweeper ($10.0K); Furniture
Replacements ($14.5K); Capital maint contingency ($50.0K)
2026: Placeholder for annual Capital Maintenance at Donovan Park Pavilion ($25.0K)
Mountain Plaza Elevator Renovation 100,000 - 100,000 - 100,000 100,000
2025: Placeholder for Mountain plaza elevator renovation (shared cost with Vail Resorts)
2026: Re-appropriate placeholder for Mountain Plaza elevator renovation (shared cost with Vail
Resorts - $100.0K)
Vail Mobility Hub Expansion 1,500,000 476,299 1,023,701 - 1,310,400 1,310,400
2025: Design of Vail Mobility Hub Expansion, offset by $750K MMOF match grant included in state
reimbursements above ($1.5M)
2026: Re-appropriate funds for design of Vail Mobility Hub Expansion, 50% reimbursed by MMOF
grant ($1.0M); Utilize savings in streets maintenance and parking structure maintenance towards
design of Vail Mobility Hub Expansion ($275.0K)
Fire Sprinkler Upgrades at Bus Barn 1,048,791 35,576 1,013,215 - 1,013,215 1,013,215 2025: Bus Barn fire sprinkler upgrades $1.0M
2026: Re-appropriate ongoing Bus Barn fire sprinkler upgrades ($1.0M)
Public Works Shops Expansion 18,058 - 18,058 - - 2025: Architectural feasibility and planning for identified phase two expansion opportunities ($18.0K)
Total Facilities 10,014,468 3,711,932 6,302,536 9,783,985 116,589 4,891,203 - 14,791,777
Parking
Parking Structures 2,914,577 1,701,510 1,213,067 1,275,000 1,138,319 (525,000) 1,888,319
Various annual repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC,
plumbing and other structural repairs
2025 includes:
-Placeholder for beautification at Vail Transit Center ($200.0K)
-Re-appropriate funds towards priority structural repairs/rehab as identified in the study ($717.6K);
-Additional funding towards priority structural repairs/rehab as identified in the study ($500.0K)
2026: Re-appropriate funds towards ongoing structural rehabilitation ($1.1M)
Reduce parking structure maintenance budget based on current rehabilitation timeline ($-525.0K)
Lionshead Structure East Stair Snowmelt - - - 150,000 (150,000) - 2026: Design of Lionshead Structure east stair snowmelt ($150.0K)
2026: Defer Lionshead Structure East Stair Snowmelt design to 2027 (-$150.0K)
166
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Parking Entry System / Equipment 353,214 159,390 193,824 85,000 193,824 278,824
Ongoing Parking Entry System capital repair and maintenance
2025 Parking system replacement costs, including subscription recognized over 5-years ($233.2K);
Ongoing parking replacement equipment purchases for damaged items ($55.0K); Shift parking
maintenance budget from GF for accounting consistency ($50.0K); Parking pass system buildout for
summer passes ($15.0K)
2026: Re-appropriate funds for remaining parking system replacement costs, including
subscription recognized over 5-years ($169.3K); Re-appropriate ongoing replacement of damaged
parking equipment ($24.6K)
Red Sandstone Parking Structure 40,000 - 40,000 50,000 50,000 2026: Placeholder for routine capital maintenance at Red Sandstone Parking Structure ($50.0K)
Total Parking 3,307,791 1,860,899 1,446,892 1,560,000 - 1,332,143 (675,000) 2,217,143
Transportation
Bus Shelters 50,000 1,377 48,623 405,000 48,623 453,623
Annual Bus Shelter Maintenance ($30.0K)
2025: Add solar lighting to existing shelters ($20.0K)
2026: Design and Construction Bus Shelter at Vail Run Stop ($375.0K); Utilize 2025 savings in bus
shelter maintenance towards Vail Run Bus Stop ($48.6K)
Bus Stop Amenities - - - 50,000 50,000 2026: Add bus stop amenities at locations throughout Town without shelters (concrete pads, benches, etc.)
Timber Ridge Transit Stop 1,908,277 - 1,908,277 - 1,908,277 1,908,277
2025: Construction of a transit stop at the new Timber Ridge housing development ($1.9M)
2026: Re-appropriate construction of a transit stop at the new Timber Ridge housing development
($1.9M)
Replace Buses 2,139,050 2,097,656 41,394 - 1,675,000 1,675,000
2025: $2.1M for two electric buses which are still awaiting delivery
2026: Electric bus purchase to support service enhancements ($1.7M); Partially offset by $1.3M
state grant
Hybrid / Electric Bus Battery Replacement - - - 360,000 (160,000) 200,000
2026: Placeholders for scheduled replacement of batteries in Hybrid and Electric buses
2026: Reduce placeholder for bus battery replacement based on warranty schedule and battery life
(-$200.0K)
Bus Camera System - - - 320,000 320,000 2026: Replace current fleet of 33 buses with updated camera surveillance system. In 2026 the camera
system will be 11 years old and reaching end of life ($320.0K)
Car Share Program Infrastructure 117,675 - 117,675 - - 2025: Purchase of two vehicles ($100K) for car share program; upgrades to Electric Chargers ($17.7K) for
implementation of Car Share program
Total Transportation 4,215,002 2,099,033 2,115,969 1,135,000 1,675,000 1,956,900 (160,000) 4,606,900
Road and Bridges
Capital Street Maintenance 1,660,000 1,367,220 292,780 1,560,000 (4,500) 1,555,500
Annual Capital Maintenance of Town-maintained streets; 2026 includes:
-Labeling of all Town-owned Storm Drains to indicate drainage to the Creek ($90.0K)
-Surface Sealing ($285.0K)
-Asphalt Mill & Overlay ($450.0K)
-Drainage Improvement ($110.0K)
2026: Reduce storm drain labeling cost (-$4.5K)
Street Light Improvements 515,000 - 515,000 80,000 515,000 595,000
Annual Town-Wide street light replacement ($80.0K); 2025: Re-appropriate funds towards neighborhood
street light replacements ($440.0K)
2026: Re-appropriate funds towards delayed neighborhood street light replacements ($515.0K)
Neighborhood Bridge Repair 408,036 363,090 44,946 500,000 44,946 (375,000) 169,946
2025: Ongoing bridge scour mitigation project at Chamonix Rd ($408.0K)
2026: Kinnikinnick east bridge rehabilitation ($500.0K)
2026: Re-purpose savings in Chamonix Rd bridge scour project towards design for repairs to the
East Kinnikinnick bridge ($44.9K); Defer East Kinnickinick bridge construction to 2027 (-$375.0K)
Seibert Fountain Improvements 27,082 - 27,082 100,000 100,000 2025: Utilize 2024 savings from circulation pump replacement not implemented towards repairs to the drain
lines in the equipment vault to prevent flooding ($27.1K)
Roundabout Lighting Project 488,939 - 488,939 - 488,939 488,939 2025: Lighting project at Town Center ($488.9K);
2026: Re-appropriate funds towards Town Center Roundabout Lighting project (488.9K)
Traffic Counters - - - 250,000 (250,000) - 2026: Roundabout Traffic Counters ($250.0K); Defer roundabout traffic counters to 2027 (-$250.0K)
167
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Neighborhood Road Reconstruction 1,553,694 759,537 794,157 100,000 794,157 894,157
2025: Meadow Dr culvert lining, Black Gore Dr culver replacements, and Meadow Dr/Meadow Ln drainage
improvements design ($1.6M)
2026: Design of Vail Road/Vail Valley Drive Bike Lanes & Sidewalks ($100.0K)
2026: Re-appropriate funds towards ongoing East Vail improvements and as contingency for
additional projects resulting from Vail Drainage Master Plan ($794.2K)
South Frontage Road Pedestrian Improvements 250,000 47,934 202,066 - 202,066 202,066
2025: Design of pedestrian improvements on the South Frontage Road (paved bike lanes/shoulders,
sidewalk sections) between W LH Circle and E LH Circle, and Donovan to Westhaven ($250.0K)
2026: Re-appropriate design of W LH to E LH Circle pedestrian improvements along the South
Frontage Road ($202.1K)
Vail Village Streetscape/Snowmelt Repair 900,000 234,306 665,694 - - 2025: Vail Village snowmelt repairs with a reduced scope ($900.0K)
Lionshead Streetscape/Snowmelt Replacement (VRA)50,000 - 50,000 - - 2025: Contingency for snowmelt repairs ($50.0K)
Total Road and Bridge 5,852,751 2,772,087 3,080,664 2,590,000 - 2,045,108 (629,500) 4,005,608
Technology
Town-wide camera system 80,000 39,637 40,363 60,000 60,000 Annual maintenance of Town-wide camera system
2025: Utilize 2024 savings in routine camera maintenance towards placeholder for installation of cameras
Audio-Visual capital maintenance 100,000 69,966 30,034 50,000 50,000
Annual maintenance of hardware set to support internal and external meeting spaces ($50.0K)
2025: Update of A/V systems in Council Chambers, Grandview/Library/Community room/Donovan A/V
systems; Replacement cycle every 3-5 years ($100K)
Cybersecurity 140,000 114,984 25,016 172,500 172,500 Annual Investment in cybersecurity, to keeps up with the ongoing changes that are required to maintain a
safe and secure computing environment; Includes annual fees for security programs
Software Licensing 995,135 940,732 54,403 1,280,778 1,280,778 Annual software licensing and support for town wide systems (3% Annual Increase)
2025: UbiPark annual fees - implemented Fall 2024 ($36.0K)
Hardware Purchases 100,000 102,681 (2,681) 100,000 100,000 Workstation replacements (20-25 per year)
Website and e-commerce 75,000 48,373 26,627 70,000 70,000 Annual website maintenance (3% Annual Increase)
Fiber Optics / Cabling Systems in Buildings 769,949 88,562 681,387 75,000 136,438 211,438
Repair, maintain & upgrade cabling/network Infrastructure ($75.0K)
2025: Ongoing design of redundant Fiber Optic paths in the Town ($719.9K)
2026: Re-appropriate funds towards smaller sections of redundant fiber optics in Town ($16.4K)
Network upgrades 140,000 112,578 27,422 150,000 150,000 Computer network systems - replacement cycle every 3-5 years ($150K)
Data Center (Computer Rooms)150,000 68,119 81,881 100,000 100,000 Annual data center maintenance ($150K)
Broadband (THOR)115,000 114,689 311 118,450 118,450 Annual Broadband Expenses (3% Annual Increase)
Business Systems Replacement 1,705,671 1,163,232 542,439 175,000 60,000 542,439 777,439
2025: Placeholder for Human Resources/Enterprise Information System ($120.0K); Employee Housing
Unit compliance software ($35.0K); Re-appropriate funds for ongoing Budget Software Implementation
($18.0K); Strategic Planning Milestone tracking software ($49.9K); Parking data reporting software
($17.3K); $150.0K increase in HR/Enterprise IS system to include replacement of the payroll system;
Increase in HR/Payroll system cost ($1.1M); Com Dev Permitting Software, partially offset by DOLA local
capacity planning grant ($140.2K)
2026: Finance Paperless A/P Software Implementation ($35.0K)
2026: Internal Employee Housing Software Implementation ($40.0K)
2026: Contingency for other Business System Replacements, potentially including expanded cost of
Housing compliance software ($100.0K)
2026: Re-appropriate ongoing Human Resources/Payroll Information System implementation
($439.0K); Re-appropriate funds towards parking system windows 11 upgrade ($30.0K); Re-
appropriate funds towards final budget system implementation costs ($13.4K); Re-appropriate
funds towards Com Dev permitting software ($9.2K); Re-appropriate contingency for system
implementation costs ($60.7K); Shift budget for deed restriction compliance software from General
Fund to be used towards a town-licensed software ($60.0K)
Total Technology 4,370,755 2,863,553 1,507,202 2,351,728 60,000 678,877 - 3,090,605
Public Safety
168
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Public Safety IT Equipment 75,000 31,251 43,749 100,000 100,000
Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software
used to push information to TOV and other agencies; TOV portion of annual Intergraph software
maintenance
Public Safety Equipment 302,594 296,902 5,692 368,908 34,000 (126,000) 276,908
Annual licensing/maintenance costs for Axon Body-Worn Camera Equipment ($102.0K), Flock License
Plate Readers ($15.0K), and Axon Artificial Intelligence ($83.5K)
2025: Purchase of Skydio X10 Drones ($48.4K)
2026: Anti-Vehicle Barriers ($135.0K)
2026: Explosives Detection Canine ($16.5K)
2026: Defer purchase of additional anti-vehicle barriers (-$126.0K); True-up Axon body-worn
camera contract ($22.5K); Outfit existing police vehicle for explosives detection canine ($11.5K)
Fire Safety Equipment 45,000 44,724 276 55,680 55,680
2025: Knox Box System Replacement/Upgrade ($45.0K): Drone Expansion ($16.0K); Extrication
Equipment ($35.0K)
2026: Extrication Equipment ($40.0K); Placeholder for purchase of thermal imaging cameras ($15.7K)
Radio Equipment replacement/expansion 1,020,000 24,698 995,302 - 995,302 995,302 2025: Radios for PW, PD and Fire (approximately every 5 years) ($1.0M);
2026: Re-appropriate ongoing town-wide radio replacement ($995.3K)
Fire Truck Replacement 69,285 19,826 49,459 - - 2025: Enforcer Aerial Ladder Truck Upfitting ($69.3K)
Total Public Safety 1,511,879 417,401 1,094,478 524,588 34,000 995,302 (126,000) 1,427,890
Community and Guest Service
Children's Garden of Learning Capital Maintenance 32,248 - 32,248 - - - 2025: West Side Siding replacement due to warping from weather exposure utilizing 2024 savings in
gutter/heat tape replacement ($32.2K)
Energy Enhancements 192,872 51,028 141,844 - - -
2025: Installation of EV stations to meet increased demand ($130.0K); Utilize 2024 savings in new charger
installations towards upgrading existing Level 2 Wiring and addition of Tesla chargers to Level 3 stations in
Lionshead Parking Structure ($62.9K); Utilize savings in 2025 deferred projects towards Energy
Performance Contract which includes installation of new EV chargers (-$157.0K)
Pedestrian Safety Enhancements 566,213 475,017 91,196 250,000 91,196 341,196
2025: Design of Pedestrian improvements through Main Vail Underpass ($200.0K); Re-appropriate funds
towards RFP Crossing near Safeway to be constructed this year ($366.2K)
2026: Design of Pedestrian Improvements through Main Vail Underpass ($250.0K)
2026: Re-appropriate funds towards Main Vail Underpass improvements ($91.2K)
Bollard Installation Project 389,747 281,523 108,224 150,000 108,224 258,224
2025: Bollard installation project partially offset by MMOF Grant funding ($389.7K)
2026: Design of Future Bollard Installation in Villages
2026: Re-appropriate funds towards ongoing Ford Park Bollard pilot, partially offset by MMOF
Grant funding ($108.2K)
Underground Utility improvements 4,181,558 - 4,181,558 - 4,181,558 4,181,558
2025: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit scheduled to begin in
2025 ($4.2M);
2026:Re-appropraite funds towards ongoing Holy Cross underground utility conversion in East
Vail ($4.2M)
Land Safety Improvements (Rockfall Mitigation)2,040,000 1,116,149 923,852 - 923,852 923,852
2025: Rock fall mitigation on Town-owned land on the northside of Lionsridge Loop near Timber Ridge and
Lionsridge housing sites
2026: Re-appropriate funds towards ongoing rockfall fencing installation on north side of
Lionsridge Loop (section behind Lionsridge housing - ($923.9K)
Guest Services Enhancements/Wayfinding 717,413 29,882 687,531 100,000 687,531 787,531
2025: ongoing replacement of damaged signs (21.9K); Ongoing installation of new signage to guide guests
to available parking ($695.5K)
2026: Placeholder for replacement of worn/outdated wayfinding signage ($100.0K)
2026: Re-appropriate funds towards parking signage enhancements to guide guests to available
parking ($695.5K); Re-appropriate funds towards routine wayfinding signage replacement ($22.0K)
Library Capital Equipment - - - 9,000 9,000 2026: Library Game Table (Offset by Friends of Library Donations) ($9.0K)
169
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Vehicle Expansion 110,974 95,279 15,695 452,645 452,645
2025: Vehicle for Deputy Chief of Community Risk Reduction position (added in 2024); Upfitting of two PD
take-home expansion vehicles ($46.0K)
2026: Three additional take-home Police Vehicles to meet operational needs ($276.0K)
2026: Two Code Enforcement pickup trucks to allow for ongoing parking enforcement activities during
periods in which Sign Trucks are in use (126.7K)
2026: Pickup Truck for proposed Building Maintenance Specialist Position ($50.0K)
Total Community and Guest Service 8,231,025 2,048,877 6,182,148 961,645 - 5,992,361 - 6,954,006
Total Expenditures 37,503,671 15,773,783 21,729,888 18,906,946 1,885,589 17,891,894 (1,590,500) 37,093,929
Dobson Financing Sources/(Uses)
Transfer Fund Balance from RETT 5,747,149 5,747,149 - - -
2025: Transfer Dobson maintenance budget from RETT 5 year plan; Reduce funds available for transfer
used for repairs completed in 2024 ($15.4K); Increase transfer from RETT for Dobson Arena
Redevelopment ($5.0M)
Transfer from General Fund 8,000,000 - (8,000,000) (5,000,000) 5,000,000 3,000,000 3,000,000
2025: Transfer from General Fund for Dobson Arena Redevelopment
2026: Partial Repayment of Repayment of Dobson Arena loan from General Fund ($5.0M)
2026: Reduce Loan needed from GF from $8.0M to $3.0M fir Dobson Arena redevelopment based
on project cash flow timing; $3.0M Loan will be paid back in 2027
Vail Recreation District Contribution 3,400,000 1,700,000 (1,700,000) - 1,700,000 1,700,000 2025: Contribution from VRD towards Dobson Redevelopment ($3.4M); 2026: Re-appropriate remaining
VRD contribution towards Dobson (paid upon completion - ($1.7M)
Transfer from Vail Reinvestment Authority 15,484,572 15,484,572 - 6,242,691 6,242,691
VRA will reimburse the CPF for Dobson Redev expenditures. Total reimbursement expected by 2030
2025: VRA for Dobson Redevelopment ($15.5M);
2026: Repayment from VRA for Dobson Redevelopment ($6.2M)
Dobson Redevelopment (52,091,906) (18,654,480) 33,437,426 - (33,437,426) (33,437,426) 2025: Dobson redevelopment $52.1M; Total Project Budget $55.4M
2026: Re-appropriate funds towards ongoing Dobson arena redevelopment ($33.4M)
Total Net Dobson Financing Sources/(Uses)(19,460,185) 4,277,241 23,737,426 1,242,691 5,000,000 (28,737,426) - (22,494,735)
Southface Certificates of Participation Source/(Uses)
West Middle Creek COP Proceeds 65,308,920 65,308,920 - - - Recognize revenues and expenditures related to the issuance of
Fiscal Agent (Arbitrage Compliance)- (2,000) (2,000) Arbitrage Compliance required per bond issuance
Unrealized Gain/(Loss)107,229 107,229 -
Interest Earned on COPs 2,726,590 126,559 (2,600,031) - 80,000 80,000 Certificates of Participation for the Southface project, and transfer of
Discount on Bond Proceeds (186,307) (186,307) (0) - - funds to Vail Home Partners for development
Costs of Issuance and Compliance (292,834) (277,255) 15,579 - - Cost of COP issuance
Debt Service Payments (1,821,680) (1,821,679) 1 (3,433,531) (3,433,531) Southface debt payments utilizing reserved fund balance from bond issuance
Transfer to Vail Home Partners (57,225,359) (55,145,241) 2,080,118 - - COP funds transferred to Vail Home Partners for Southface development
Southface COP Sources/(Uses)8,509,330 8,112,227 (397,104) (3,433,531) 78,000 - - (3,355,531) Excess Bond Proceeds are restricted for capitalized debt payments in the fund balance
Other Financing Sources/(Uses)
PW Shops Debt Service Payment (1,158,298) (1,157,048) 1,250 (1,156,490) (1,156,490) PW Shops Debt Service Payment
PW Shops Fiscal Agent Fees (500) (500) -
Transfer to Internal Employee Housing Fund (52,631) - 52,631 (8,500,000) (8,500,000)
2025: Transfer to IEHRF for incomplete remodel projects on new units from 2024, including Buffehr Creek
Unit window replacements ($52.6K)
2026: Transfer to IEHRF for purchase of Timber Ridge Units to be rented to TOV employees ($8.5M)
Transfer to Housing Fund (2,500,000) (2,500,000) - (1,000,000) (1,000,000) Annual appropriation towards community housing projects (Transfer to Housing Fund)
Transfer to W. Middle Creek for start-up Operations - - - - Transfer $5.0M To West Middle Creek for first several years of operations
Transfer to Housing Fund (W. Middle Creek Loan)(5,565,600) (4,525,520) 1,040,080 3,151,660 3,151,660 Loan to HF for W. Middle Creek (Increase total to $10.0M Previously in GF); Decrease loan to Housing
Fund for W. Middle Creek (-$4.5M) reimbursed by bond proceeds
Total Other Financing Sources/(Uses)(9,276,529) (8,183,068) 1,093,461 (7,504,830) - - - (7,504,830)
Revenue Over (Under) Expenditures (32,314,366) 12,389,640 44,704,006 (23,155) 1,805,629 (44,115,214) 587,757 (41,744,983)
Beginning Fund Balance 50,037,289 50,037,289 21,084,588 62,426,930
170
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Re-Appropriations Reductions Amended Description
Ending Fund Balance 17,722,924 62,426,930 21,061,433 20,681,947
Reserved Fund Balances
Minimum Reserve Requirement (25% of Sales Tax)3,996,000 3,996,000 4,022,000 4,022,000
Dobson- Contribution from RETT 4,277,241 - -
Southface COP Debt Service Reserve 8,478,915 8,065,810 5,045,383 80,000 (413,104) 4,632,279
Southface Operating Reserve 5,000,000 5,000,000 5,000,000 5,000,000
Total Ending Reserved and Restricted Fund Balances 17,474,915 21,339,051 14,067,383 13,654,279
Ending Fund Balance- Available 248,009 41,087,878 6,994,049 7,027,667
171
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Revenue
Real Estate Transfer Tax 8,900,000$ 9,767,746$ 867,746$ 7,777,000$ 7,777,000$ 2026: Down 5% from 2025 Forecast
Golf Course Lease 191,285 194,900 3,615 195,111 195,111 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation
Enhancement Account" below; Increase based on CPI
Intergovernmental Revenue 5,426,192 5,081,906 (344,286) 80,000 160,000 341,135 581,135
Lottery proceeds used annual for park projects ($30.0K)
2025: Roll forward remaining ERWSD reimbursement for Dowd Junction stabilization ($205.3K);
2025: Roll forward remaining Bear Education Grant from Colorado Parks and Wildlife ($10.8K);
2025: USFS Grant for Booth Creek Fuels Reduction ($125K);
2025: County Contribution towards East Vail Bighorn Sheep Habitat Conservation ($5.0M)
2025: Eagle County Wildfire Mitigation IGA ($45.0K)
2026: Additional USFS Grant #24PA11021500049-MOD 1 towards additional Booth Creek Fuels
Reduction ($50.0K)
2026: Roll-forward remaining ERWSD reimbursement for Dowd Junction stabilization
($205.3K);
2026: Roll-forward remaining Bear Education Grant from Colorado Parks and Wildlife
($10.8K);
2026: Roll-forward USFS Grant for Booth Creek Fuels Reduction ($125.0K);
2026: Eagle County Wildfire IGA Amendment ($160.0K)
Project Reimbursements 93,325 62,879 (30,446) 100,000 75,000 175,000
2025: Roll forward Middle Creek restoration contribution from Evergreen Redevelopment ($75.0K)
2025: CC4CA Reimbursements towards additional conference costs ($18.4K)
2026: Reimbursement from Betty Ford Alpine Gardens for private donations towards Art Studio
outdoor gathering space ($100.0K)
2026: Roll-forward Middle Creek restoration contribution from Evergreen Redevelopment
($75.0K)
Donations 102,500 71,635 (30,865) 65,000 65,000
2025: Kosloff Foundation and Winmax Foundation Donations towards Winterfest ($10.0K)
2025: Logan Donation towards Art Studio Programming ($70.0K)
2025: WinMax Foundation & Vail International Gallery Donations towards Inaugural Art Studio
Grand Prize ($2.0K)
2025: Open Space donation from Borgen Family ($15.0K)
2026: Logan Donation towards Art Studio Programming ($65.0K)
Recreation Amenity Fees 10,000 2,577 (7,423) 10,000 10,000 $10K annually
Bag Fees 61,400 61,251 (149) 64,400 64,400
2025: Utilize bag fees towards Hard to Recycle events and Zero Hero support ($50K); True-up bag
fee usage to Hard to Recycle and Zero Hero budgets ($8.4K)
2026: Utilize bag fees towards Hard to Recycle events and Zero Hero support ($64.4K)
Earnings on Investments and Other 633,405 885,516 252,111 177,000 177,000 2026: 2.5% return assumed
Total Revenue 15,418,107 16,128,411 710,304 8,468,511 160,000 416,135 - 9,044,646
Expenditures
Management Fee to General Fund (5%)445,000 488,387 (43,387) 388,850 - - - 388,850 5% of RETT Collections - fee remitted to the General Fund for administration
Wildland
Forest Health Management 752,699 539,856 212,843 848,162 848,162
Annual operating expenditures for Wildland department;
2026 includes:
-$675.0K: Personnel
-$5.0K: Miscellaneous Educational Programming (Ongoing)
172
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Wildfire Mitigation 420,000 47,125 372,875 300,000 90,000 372,875 762,875
2025: Booth Creek Fuels Implementation, partially offset by USFS grant ($275.0K); Booth Heights
and Booth Creek Trailhead Fuels Reduction ($100.0K); Additional Mitigation related to Eagle
County IGA ($45.0K)
2026: Booth Creek Fuels Implementation, partially offset by USFS grant ($200.0K)
2026: Mitigation work associated with Eagle County Wildfire IGA Amendment ($90.0K)
2026: Re-appropriate ongoing Booth Creek Fuels Implementation ($372.9K)
Wildland Equipment Acquisition - - - - 70,000 70,000 2026: Wildland Pickup Truck funded by Eagle County Wildfire IGA Amendment ($70.0K)
Fire Free Five - Rebate Program 136,135 86,232 49,903 100,000 (17,867) 82,133 Annual Funding for Fire Free Five Community Assistance Program
2026 Budget Reductions (-$17.9K)
Wildland Fire Shelter - - - 17,500 17,500 2026: Wildland Fire Shelter Replacement ($17.5K)
Fire Free Five - TOV Implementation 25,000 - 25,000 - 25,000 25,000
2025: Fire Free Five landscaping around gymnastics center ($25.0K)
2025: Re-appropriate funds for Fire Free Five landscaping around gymnastics center/Ford
Park ($25.0K)
Total Wildland 1,333,834 673,213 660,620 1,265,662 160,000 397,875 (17,867) 1,805,670
Parks
Annual Park and Landscape Maintenance 2,274,742 2,145,285 129,457 2,381,967 1,173 (16,500) 2,366,640
Annual operating expenditures for Parks department (including personnel, supplies, utility, contract
services); 2026 includes:
-$1.3M: Personnel
-$178.5K: Park Restroom/Port-a-let cleaning & emptying
-$45.0K: Placeholder for contract landscape maintenance at Ford Park
-$15.0K: Trail Host Program (Ongoing)
2026 Operational Budget Reductions (-$16.5K); Heavy Equipment Fund charge adjustment
($1.2K)
Park / Playground Capital Maintenance 281,000 228,387 52,613 169,000 (8,000) 161,000
Annual maintenance items include projects such as playground surface refurbishing, replacing
bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and
fence maintenance ($169.0K)
2025: Ford Park Entry Landscape ($45.0K)
2025: Ford Park Entry landscape improvements near Amp Bridge entry ($40.0K)
2026: Budget Reduction- Annual Capital Maintenance (-$8.0K)
Tree Maintenance 91,000 92,916 (1,916) 95,000 95,000 Annual on going pest control, tree removal and replacements in stream tract, open space, and
park areas
2025: New plantings to replace trees removed in 2024 ($6.0K)
Street Furniture Replacement 107,000 4,893 102,107 200,000 85,000 (15,000) 270,000
Annual Placeholder for Street Furniture Replacements ($35.0K)
Annual Replacement of existing trash/recycle cans with new models ($75.0K) -
2025: Ongoing Village and Lionshead picnic table replacement ($72.0K)
2026: Ongoing Picnic Table and Bench upgrades ($105.0K); Reduce trash & recycle station
replacements (-$15.0K)
2026: Re-appropriate funds towards ongoing furniture order ($85.0K)
Covered Bridge Pocket Park Rehabilitation - - 225,000 225,000 2026: Covered Bridge Pocket Park rehabilitation ($225.0K)
Ford Park- Betty Ford Way Pavers 40,000 18,849 21,151 - 5,000 5,000 2025: Final gravel shoulder grading repair and landscaping ($40.0K)
2026: Re-appropriate funds towards final reseeding ($5.0K)
Ford Park Lower Bench Turf/Irrigation 142,000 58,046 83,955 - 26,954 26,954 2025: Replacement of worn turf grass and inefficient irrigation system ($300.0K); Utilize savings in
lower bench turf project towards Ford Park Vehicle Entryway improvements ($158.0K)
2026: Re-appropriate funds towards final full aeration/top dress ($27.0K)
Ford Park Playground Improvements 125,000 71,636 53,364 - - 2025: Replacement of wood fiber play surface under swings with rubber surfacing for better
durability ($125.0K)
173
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Ford Park Master Plan Capital Design 199,909 - 199,909 100,000 199,909 299,909
2025:Funds place held for outcomes of Ford Park Masterplan Update. Projects include a park-
wide ADA compliance Study, site planning for future facilities including a picnic shelter and
expanded maintenance areas, wayfinding, etc. ($199.9K)
2026: Design of outcomes from Ford Park Master Plan ($100.0K)
2026: Re-appropriate funds towards design of outcomes of Ford Park Masterplan Update.
Projects include a park-wide ADA compliance Study, site planning for future facilities
including a picnic shelter and expanded maintenance areas, wayfinding, etc. ($199.9K)
Art Studio Gathering Space at Ford Park - - 225,000 225,000 2026: Creation of gathering space outside of the newly constructed Art Studio ($225.0K) - Partially
offset by $100K of private donations
Ford Park Vehicle Entryway Improvements 118,000 55,300 62,700 - 62,700 62,700
2025: Utilize savings from Ford Park Lower Bench Turf repair towards:
-Parking Lot Gate Equipment Configuration ($32.0K)
-Oversize Vehicle Entrance Paving repair ($45.0K)
-Tennis Center Lot Manual Gate ($38.0K)
-Electronic Loops at West Betty Ford Way gate ($10.0K)
2026: Re-appropriate funds towards ongoing West Betty Ford Way and bus stop gate
installations ($62.7K)
Turf Grass Reduction 100,836 55,880 44,956 95,000 40,000 (95,000) 40,000
p ( )
2026: Phase 1 of Turf Reduction at Ford Park ($95.0K)
2026: Re-appropriate funds towards weed control/reseeding in Main Vail Roundabout
($40.0K)
Donovan Park Improvements 20,000 5,375 14,625 425,000 4,625 429,625
2025: Replacement of play equipment ($20.0K)
2026: Playground Safety Improvements - Replace Decks, worn equipment, etc. ($425.0K)
2026: Re-appropriate fund towards playground safety improvements ($4.6K)
Pirateship Park Improvements 43,862 10,053 33,809 - - 2025:Ongoing improvements including two play components and minor ADA upgrades ($43.9K)
Bighorn Park Playground Improvements 150,000 96,822 53,178 - - 2025: Bighorn Park Play Area Maintenance ($150.0K)
Gore Creek Promenade Rehabilitation 2,118,460 1,076,000 1,042,460 - 1,054,624 1,054,624 2025: Gore Creek Promenade Rehabilitation funds moved forward from 2026 ($2.1M)
2026: Re-appropriate ongoing Gore Creek Promenade refresh ($1.1M)
Slifer Fountain Feature Four Repair 75,000 - 75,000 - - 2025: Incomplete plumbing leak; further investigation needed prior to repair ($75.0K)
Total Parks 5,886,809 3,919,443 1,967,366 3,915,967 1,173 1,478,812 (134,500) 5,261,452
Rec Paths and Trails
Rec. Path Capital Maintenance 85,000 48,273 36,727 85,000 85,000 Annual Capital maintenance of the town's recreation path system ($85.0K)
Recreation Path Safety Improvements 81,662 - 81,662 - 81,662 81,662
2025: Pedestrian Traffic Counters ($50.0K); Next phase of Antlers curve redesign ($31.7K)
2026: Re-appropriate funds towards Pedestrian Traffic Counters (50.0K); Re-appropriate
funds towards next phase of Antlers curve redesign ($31.7K)
Bike Safety 10,000 2,042 7,958 5,000 (1,000) 4,000 Annual cost for bike safety programs ($5.0K); Budget reduction: bike signage (-$1.0K)
Pedestrian Bridge Projects 703,329 22,047 681,282 - 100,000 100,000
2025: Ongoing pedestrian overpass rehabilitation and outcomes of upcoming pedestrian bridge
report ($703.3K)
2026: Re-appropriate funds towards I-70 pedestrian overpass rehab ($100.0K)
Gore Valley Trail Reconstruction 326,224 40,955 285,269 750,000 403,278 1,153,278
2025: Placeholder for Gore Valley Trail Maintenance ($80.0K); Library to Lionshead Nature Walk
Environmental Assessment and Design ($100.0K); Utilize 2024 savings in the recreation path
maintenance budget towards the rebuild of 1250' of the North Recreation Trail between Red
Sandstone Road and the pedestrian overpass ($146.2K)
2026: North Rec Path Reconstruction - Red Sandstone Area ($750.0K)
2026: Re-appropriate North Rec path reconstruction - Red Sandstone Area ($185.3K)
2026: Utilize 2025 savings in recreation path maintenance ($36.7K) and pedestrian bridge
projects ($181.2K) towards Red Sandstone bridge replacement on North Rec Trail (currently
rated in poor condition)
174
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
East Vail Interchange Improvements 190,543 174,701 15,842 - 15,000 15,000
2025: Repairs due to landscaping and drainage issues, including plantings and parking area
improvements ($190.5K); Additional funds using 2024 savings in Water Quality Infrastructure for
drainage improvements including additional concrete gutters to direct to water quality vaults and
bioswale areas, and the replacement of plantings ($40.0K)
2026: Re-appropriate funds for final reseeding/touchups ($15.0K)
Dowd Junction repairs and improvements 453,794 49,640 404,154 - 164,714 164,714
2025: Restabilization of Dowd Junction retaining wall ($454.0K)
2026: Re-appropriate funds for ongoing restabilization of Dowd Junction retaining wall
($164.7K)
Portalet Enclosures 40,500 - 40,500 - - 2025: Screening in residential-area portalets ($40.5K)
Total Rec Paths and Trails 1,891,052 337,658 1,553,394 840,000 - 764,654 (1,000) 1,603,654
Recreational Facilities
Recreation Master Plan - - - - 85,000 85,000 2025: Recreation Master Plan ($85.0K)
Nature Center Operations 117,437 - 117,437 - - 2025: Nature Center operating costs
Nature Center Capital Maintenance 26,291 14,655 11,636 50,000 11,636 61,636
Placeholder for annual maintenance costs at or near Nature Center ($15.0K)
2025: Signage ($16.6K); Regravel access road ($9.7K)
2026: Additional funds for capital refresh of trails and exterior area ($35.0K)
2026: Re-appropriate funds towards touch-ups in nature center area ($11.6K)
Total Recreational Facilities 143,728 14,655 129,073 50,000 85,000 11,636 - 146,636
Environmental
Environmental Sustainability 910,988 939,635 (28,647) 866,809 (3,200) 863,609
Annual operating expenditures for Environmental department (including personnel and supplies);
2026 includes:
-$769.5K: Personnel
-$77.0K: Climate Action Collaborative Dues (ongoing)
2026: Operational budget reductions ($3.2K)
Recycling and Waste Reduction Programs 145,050 118,539 26,511 142,800 15,000 (7,400) 150,400
Annual recycling and waste reduction programs; 2026 includes:
-$41.5K: Residential/Commercial Recycling Compost Program/Hauls (Ongoing)
-$7.5K: Recycling Compliance and Education (Ongoing)
-$38.8K: Zero Hero Program Support, offset by Bag Fees (Ongoing)
-$45.0K: One Hard to Recycle Event, offset by Bag Fees (Ongoing)
-$15.0K: Single-Use Plastics education and signage
2026: Operational budget reductions (-$7.4K) - Compost and Recycling Compliance, single-
use plastics education
2026: Re-appropriate compost program initiatives ($15.0K)
Water Refill Station Installation 60,000 - 60,000 - 60,000 60,000
2025: Installation of Water Refill stations - offset by Destination Stewardship funds transferred from
GF ($60.0K);
2026: Re-appropriate installation of Water Refill stations ($60.0K)
Ecosystem Health 572,300 164,473 407,827 291,000 397,728 (18,750) 669,978
Annual ecosystem health programs; 2026 includes:
-$18.0K: CC4CA Annual Retreat - Host Community (Ongoing)
-$50.0K: Open Lands Plan - Biodiversity Study Phase 2 Implementation (Ongoing)
-$7.5K: Sustainable Destinations - Annual Certification Dues (Ongoing)
-$55.0K: U.S. Forest Service Front Country Ranger Program (Ongoing)
-$100.0K: Wildlife Habitat Improvements, Forum, and Education (Ongoing)
-$50.0K: Gore Creek Pesticide Campaign (2025-2026)
-$10.5K: Mountain IDEAL recertification ($10.5K)
2026: Operational budget reductions ($18.9K) - Open Lands Plan, Wildlife habitat
improvements, forum, and education
2026: Re-appropriate gore creek pesticide campaign ($42.8K)
2026: Utilize 2025 savings in ecosystem initiatives towards Booth Creek Fuels treatment
($200.0K); Placeholder for wildlife grant match ($100.0K); Open space habitat improvement
and weed control ($50.0K); Colorado Natural Heritage Program ($5.0K)
175
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Energy & Transportation 121,510 81,512 39,998 105,000 6,000 (12,500) 98,500
Annual energy and transportation programs; 2026 includes:
-$40.0K: Energy Smart Colorado Partnership (Ongoing)
-$2.5K: Energy-Related education, outreach, program incentives (Ongoing)
-$32.5K: Sole Power Plus Program (Ongoing)
-$30.0K: Additional Greenhouse Gas Inventory engagement
2026: Re-appropriate sole power plus rollout ($6.0K)
2026: Operational budget reductions (-$12.5K) - Sole power plus, GHG modeling and
inventory
E-Bike Programs 193,000 166,564 26,436 175,000 (2,000) 173,000
Annual E-Bike Programs; 2026 includes:
-$175.0K: Shift E-Bike Share Program (Ongoing)
2026: Operational budget reductions (-$2.0K)
E-Bike Share Infrastructure 14,711 11,034 3,677 - - 2025: Gravel pads and bike racks at redevelopment locations ($14.7K)
Sole Power App 35,000 35,000 - 25,000 25,000
2025: Development of App modifications for the Sole Power Plus App Phase 2 Expansion to
include Transit and Milestones ($25K); Re-appropriate funds towards original app development
($8.0K); Additional development funds to connect app to Town's Cloud service ($2.0K)
2026: Development of App modifications for the Sole Power Plus App Phase 3 Expansion to
include in-app incentives ($25.0K)
Streamtract Education/Mitigation 75,000 39,551 35,449 75,000 35,449 (3,000) 107,449
Annual streamtract education programming; 2026 includes:
-$30.0K: General education programming (Ongoing)
-$45.0K: Continuation of Restore the Gore Campaign Relaunch/rebrand
2026: Operational budget reductions ($-3.0K); Re-appropriate Restore the Gore Campaign
Relaunch ($35.5K)
Water Quality Infrastructure - - - 450,000 450,000 2026: Installation of 270 Gutter Bins (pollution catchment devices) on additional 25% of Town
storm drains ($450.0K)
Water Quality Initiatives 121,729 121,718 11 45,000 45,000 Annual monitoring of Gore Creek Macroinvertebrates - previously conducted by ERWSD ($45.0K)
Streambank Mitigation 140,000 100,750 39,250 150,000 20,000 170,000
2025: Streambank Mitigation at Ford Park in conjunction with in-stream improvements by Trout
Unlimited ($100.0K); Streambank Mitigation along Mill Creek ($40.0K)
2026: Placeholder for Grant Match for streambank mitigation at Vail Golf Club Hole 11, an
outcome of the Vail Golf Club Vegetation Master Plan ($150.0K)
2026: Re-appropriate funds as contingency for streambank work ($20.0K)
Middle Creek Restoration Fund 75,000 82 74,918 - 74,918 74,918
2025: Restoration of Middle Creek on TOV property in relation to the Evergreen redevelopment
project. This will be reimbursed by the developer ($75.0K);
2026: Re-appropriate funds towards the restoration of Middle Creek on TOV property in
relation to the Evergreen redevelopment project. This will be reimbursed by the developer
($74.9K)
Private Streambank Mitigation Program 50,000 17,686 32,314 - - 2025: Private Streambank Mitigation Program; 2025: Re-appropriate funds towards continuation of
private streambank mitigation ($50.0K)
Booth Heights Open Space Conservation 93,500 76,030 17,471 - - 2025: Costs to establish Booth Heights conservation easement ($84.8K)
Energy Efficiency Performance Contract 105,158 104,630 528 - - 2025: Energy Audit ($105.2K)
Total Environmental 2,712,946 1,977,203 735,743 2,325,609 - 609,095 (46,850) 2,887,854
Art
Public Art - Operating 196,599 172,761 23,838 205,811 (3,093) 202,718
Annual operating expenditures for Art in Public Places department; 2026 includes:
-$187.6K: Personnel
-$25.0K: miscellaneous Programs & Events (Ongoing)
2026 Operational Budget Reductions (-$3.1K)
Public Art Installations 60,000 22,011 37,990 35,000 37,990 72,990 Annual cost of installation and landscaping/beautification costs for new/donated Art
2026: Re-appropriate funds towards ongoing art installation costs ($38.0K)
176
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Public Art - General program / art 170,567 80,000 90,567 60,000 90,567 150,567
Annual appropriation of funds to purchase sculptures, artwork, and conduct art programs/events;
remainder is re-appropriated each year to accumulate towards larger purchases ($60.0K)
2025: Re-appropriate unspent funds ($110.6K)
2025: Re-appropriate unspent funds ($90.6K)
Public Art - Winterfest 83,967 33,523 50,444 30,000 50,444 80,444
Annual Winterfest budget ($30.0K)
2025: Increase Winterfest budget utilizing Kosloff Foundation and Winmax Foundation donations
($10.0K); Re-appropriate funds for Winterfest program ($44.0K)
2026: Re-appropriate funds for Winterfest programming ($50.4K)
Seibert Memorial Statue- Maintenance 11,192 - 11,192 - 11,192 11,192 2025: Donated funds towards upkeep of sculpture ($11.7K)
2026: Re-appropriate donated funds towards upkeep of sculpture ($11.7K)
Art Space 1,055,232 1,033,609 21,623 - 21,623 21,623
2025: Construction of Art Space Studio in Ford Park anticipated to be completed in Summer of
2025 ($963.4K); Additional request for funding to connect Art Space Studio HVAC to existing
Geothermal Test Well, offset by budget reduction in CPF Geothermal Project ($51.8K); Additional
funds from Ford Park Lower Bench turf repair savings ($40.0K)
2026: Re-appropriate funds towards final electric feed costs ($21.6K)
Art Studio - Programming & Operations 143,500 32,418 111,082 147,384 (5,000) 142,384
Operating costs for artist in residency program utilizing the new Art Space
2025: Increase Art Studio programming budget for Logan, WinMax Foundation, and Vail
International Gallery Donations ($72.0K)
2026: Increase Art Studio Programming budget for Logan donation ($65.0K)
2026 Operational Budget Reductions (-$5.0K)
Artist In Residency - Capital Art Acquisitions 57,500 - 57,500 37,500 37,500 Capital art acquisition costs associated with artist in residency program
2025: Re-appropriate unspent funds towards 2025 program ($20.0K)
Total Art 1,778,557 1,374,320 404,237 515,695 - 211,816 (8,093) 719,418
Community
Council Contribution: Betty Ford Alpine Garden Support 80,779 80,779 - 80,779 80,779 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's
general operating annual increase
Council Contribution: Eagle River Watershed Support 42,000 38,000 4,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs
Council Contribution: Trail Alliance 22,500 22,500 - 52,500 52,500 Adopt A Trail Council Contribution for trails in or bordering the Town
Total Contributions 145,279 141,279 4,000 175,279 - - - 175,279
VRD-Managed Facilities & Maintenance
Recreation Enhancement Account 746,740 - 746,740 195,111 746,740 941,851
Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance
2025: Roll forward unspent Enhancement Funds ($539.3K); Increase for $16.1K paid above
budget in 2024; Increase for $14.3K based on 2025 CPI true-up
2026: Roll forward unspent Enhancement Funds ($746.8K)
Recreation Facility Maintenance 22,000 - 22,000 22,000 22,000 Annual RETT facility maintenance ($22.0K)
Synthetic Turf Replacement 472,000 - 472,000 - 450,000 450,000 2025: Synthetic turf replacement ($472.0K); 2026: Re-appropriate funds towards synthetic turf
replacement ($450.0K)
Golf Clubhouse 123,287 23,626 99,661 291,418 99,661 391,079
2025: Circulation Pump Replacement ($98.0K); Clubhouse parking lot mill & overlay ($23.9K);
Clubhouse Signage ($9.4K)
2026: Clubhouse parking lot mill & overlay ($23.9K); Stucco/Stone ($37.3K); Wood Trim ($26.8K);
Golf Clubhouse Asphalt Parking Areas (Split 50/50) ($0.5K): Clubhouse Circulation Pumps
($2.9K); Mitigation of ongoing water infiltration from exterior stairs/sidewalk
($200.0K)
2026: Re-appropriate funds towards ongoing Golf Clubhouse maintenance ($99.7K)
Athletic Field Restroom/Storage Building 1,000,000 210,528 789,472 - 789,472 789,472
2025: $1.0M for the replacement of existing restroom/concession with new 2000 sq. ft.
restroom/storage building
2026: Re-appropriate ongoing replacement of existing restroom/concession with new 2000
sq. ft. restroom/storage building ($789.5K)
177
TOWN OF VAIL PROPOSED 2026 AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Variance Proposed
2025 2025 Favorable /1st Budget Budget 2026
Amended Actual (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Golf Course - Other 433,523 13,491 420,032 18,512 20,032 38,544
2025: Maintenance building asphalt driving and parking area ($4.0K); Re-appropriate funds
towards ongoing routine projects with VRD including Streambank Restoration ($432.1K)
2026: Maintenance building exterior doors ($3.5K); Wedding Island Bridge ($15.0K)
2026: Re-appropriate ongoing golf course maintenance projects ($20.0K)
Dobson Ice Arena 2,500 2,045 455 - - Final Dobson operational maintenance prior to remodel
Ford Park / Tennis Center Improvements 205,020 86,607 118,413 376,148 167,990 544,138
2025: Wood siding and windows ($54.2K); Re-appropriate funds towards Tennis Center
Improvements ($150.9K)
2026: Rebuild of tennis courts, retaining walls, and court fencing ($350.6K); Concession /
Restroom Exterior Siding ($19.5K); Sports Center Painting ($6.0K)
2026: Re-appropriate funds towards Tennis Center improvements ($168.0K)
Athletic Fields 173,809 5,819 167,990 2,980 2,980 2025: Asphalt parking lot ($99.3K); Re-appropriate funds towards ongoing improvements ($74.5K)
2026: Asphalt parking lot repairs ($3.0K)
Gymnastics Center 364,921 337,320 27,601 - 82,234 82,234
2025: Replace Airconditioning Unit
2026: Re-appropriate ongoing Gymnastics Center HVAC upgrade ($27.6K); Utilize 2025
savings from Tennis Center project towards Gymnastics Center HVAC upgrade ($54.6K)
Total VRD-Managed Facilities & Maintenance 3,543,800 679,435 2,864,365 906,169 - 2,356,129 - 3,262,298
Total Expenditures 17,881,005 9,605,594 8,275,411 10,383,231 246,173 5,830,017 (208,310) 16,251,111
Other Financing Sources (Uses)
Transfer from General Fund - Destination Stewardship 70,010 70,010 - - -
2025: Transfer from General Fund for Implementation Steps of Destination Stewards Management
Plan: Greenhouse Gas Inventory and Modeling ($10.0K)
2025:Transfer from General Fund Destination Stewardship budget for installation of water refill
stations ($60.0K)
Transfer from/(to) CPF (5,747,149) (5,747,149) - - - -
2025: Transfer to Capital Projects Fund for Dobson Arena (utilizing savings in annual Dobson
maintenance); Reduce transfer based on funds spent in 2024 ($15.4K); Increase transfer to
Capital Projects Fund towards Dobson Arena ($5.0M)
Revenue Over (Under) Expenditures (8,140,037) 845,678 8,985,715 (1,914,720) (86,173) (5,413,882) 208,310 (7,206,465)
Beginning Fund Balance 15,184,790 15,184,790 8,218,744 16,030,468
Ending Fund Balance 7,044,753$ 16,030,468$ 6,304,025$ 8,824,003$
Minimum Reserve Requirement 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$
Above Minimum (Available Fund Balance)5,044,753$ 14,030,468$ 4,304,025$ 6,824,003$
178
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Revenue
Housing Sales Tax 5,201,534$ 5,266,534$ 65,000$ 5,141,000$ (306,160)$ 4,834,840$ 2026: Flat, with adjustments for anticipate redevelopment impacts
Housing Fee in Lieu Annual Collections 10,783 10,783 (0) - -
Transfer in from Capital Projects Fund - Community Housing 2,500,000 2,500,000 - 1,000,000 1,000,000 2026: Annual Transfer from Capital Projects Fund for InDeed Program ($1.0M)
Workforce Housing Sales 950,000 528,405 (421,595) - 421,595 421,595
2025: Roll forward resale revenue for Pitkin Creek #3B ($625.0K); Estimated Resale Revenue for
Pitkin Creek #7N ($480.0K); Reduced sales price on Pitkin Creek #3B (-$125.0K); Reduced sales
price on Pitkin Creek #7N (-$30.0K)
Housing Late Fees 12,300 12,300 - - -
Government Reimbursements- Vail Home Partners 4,482,846 4,464,816 (18,030) - - 2025: Repayment of predevelopment costs from Vail Home Partners for West Middle Creek bond
proceeds ($4.5M)
Deed Restriction Buyouts 865,400 865,400 - - - 2025: Deed Restriction buyout at 363 Beaver Dam Circle ($275.4K); Deed restriction buyout at 315
Mill Creek Cir ($410.0K); Deed restriction buyout at 2349 Chamonix Lane ($180.0K)
EHU Credit Program (Timber Ridge)434,707 434,707 (0) - 450,000 450,000 2025: Collections for EHU Credit program at Timber Ridge ($434.7K)
Earnings on Investments 330,000 477,914 147,914 25,000 25,000 2026: 2.5% return; 2027-2030: 2% return assumed
Total Revenue 14,787,570 14,560,859 (226,711) 6,166,000 450,000 421,595 (306,160) 6,731,435
Expenditures
Management Fee to General Fund (5%)260,077 263,327 (3,250) 257,050 (15,308) 241,742 5% Housing Sales Tax Administrative fee
Housing Programs
InDeed Program 4,135,645 160,000 3,975,645 1,000,000 (3,000,000) 3,975,645 1,975,645 Utilizing $3.0M towards Timber Ridge Community Units instead of Transfer from GF
Buy Down Housing 161,687 - 161,687 - 161,687 161,687 2025: Re-appropriate utilization of housing fee in lieu towards Buy Down housing
Timber Ridge Unit Purchases - - - 13,949,948 (8,123,099) 5,826,849 Community units will be funded $3.0M from InDeed; $2.0M from Buydown and $826.8K from fund
balance; $8.1M to be instead allocated as employee units and employee buydown
Future Purchases 3,224,600 - 3,224,600 - (2,000,000) 3,224,600 1,224,600 Utilizing $2.0M towards Timber Ridge Community Units instead of Transfer from GF
Pitkin Creek Unit #3B 500 494 6 - -
Pitkin Creek Unit #7N 549,900 549,887 13 - - Purchase of Pitkin Creek #7N for resale ($547.4K)
Construction Housing Projects
Timber Ridge Habitat Contribution 2,000,000 - 2,000,000 3,000,000 2,000,000 5,000,000
2025: $2.0M contribution to Habitat for Humanity for TR units
2026: $3.0M contribution to Habitat for Humanity for TR units (included in Town's original $25.5M
commitment)
Southface Development Predevelopment 1,218,694 1,216,839 1,855 - - 2025: Re-appropriate West Middle Creek predevelopment costs ($808.5K)
Southface Development Legal Fee Contingency 50,000 41,566 8,434 - - 2025: Re-appropriate placeholder for West Middle Creek legal costs ($50.0K)
East Vail Parcel Predevelopment 650,000 30,512 619,488 - 619,488 619,488 2025: Re-appropriate placeholder for West Middle Creek legal costs ($400.0K)
Residences at Main Vail Opportunity Fee 50,000 - 50,000 - 50,000 50,000 2025: Re-appropriation of remaining RMV opportunity fee
Land Purchases for Future Housing
CDOT Parcel Acquisition Placeholder - East Vail 2,416,502 2,416,145 357 - - 2025: Re-appropriate purchase of CDOT East Vail parcel ($2.4M); Re-appropriate additional funds
needed for East Vail CDOT parcel ($18.0K)
East Vail Carnie Parcel 17,900 17,851 49 - - 2025: Re-appropriate purchase of 1' wide parcel ($17.9K)
Eagle-Vail Parcel Placeholder 50,000 - 50,000 - 50,000 50,000
Total Expenditures 14,785,505 4,696,621 10,088,884 18,206,998 (13,123,099) 10,081,420 (15,308) 15,150,011
Operating Income 2,065 9,864,238 9,862,173 (12,040,998) 13,573,099 (9,659,825) (290,852) (8,418,576)
Other Finance Sources (Uses)
Transfer to Vail Home Partners- WMC Contribution (10,000,000) (10,000,000) - - - - 2025: $10.0M placeholder for W. Middle Creek housing projects
Transfer from CPF for Southface Contribution (Loan)5,565,600 4,525,520 1,040,080 (3,151,660) (3,151,660) 2025: Loan from Capital Projects Fund for Southface contribution ($5.5M)
2026-2027: Payback of Loan from Capital Projects Fund for Southface contribution
Transfer from GF to purchase community TR units - - - 13,773,099 (13,773,099) - 2026: Loan from General Fund for Timber Ridge Unit purchases ($13.8M)
2027-2029: Repayment of loan from General Fund for Timber Ridge Unit purchases
Transfer from/(to) Timber Ridge- Timber Ridge Sales (10,541,295) (8,656,702) (1,884,593) - - 2025: Transfer to/Frm TR for TR constrcution contribution paid back by TR sales
179
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
Variance Proposed
2025 2025 Favorable /1st Budget 2026
Amended Actuals (Unfavorable)2026 Supplemental Reappropriations Reductions Amended
Total Other Finance Sources (Uses)(14,975,695) (14,131,182) 844,513 10,621,439 (13,773,099) - - (3,151,660)
Surplus (Deficit) Net of Transfers and One-Time Items (14,973,630) (4,266,944) 10,706,686 (1,419,559) (200,000) (9,659,825) (290,852) (11,570,236)
Beginning Fund Balance 16,420,512 16,420,512 1,425,852 12,153,568
Ending Fund Balance 1,446,882$ 12,153,568$ 6,293$ 583,331$
180
Variance
2025 2025 Favorable /1st Budget Amended
Amended Actuals (Unfavorable)2026 Supplemental Reductions 2026 Notes
Revenue
Town of Vail Interagency Charge 5,070,275$ 4,844,076$ 226,199$ 5,604,736$ 370,867$ (196,462)$ 5,779,141$ Operational Charges for SB-
230 ($370.9K)
Insurance Reimbursements & Other -
Intergovernmental Revenues - 22,111 22,111 -
Federal Grants 19,680 19,680
Earnings on Investments 7,000 91,394 84,394 60,000 60,000
Equipment Sales and Trade-ins 317,070 245,394 (71,676) 244,730 244,730
Total Revenue 5,394,345 5,222,655 280,708 5,909,466 370,867 (196,462) 6,083,871
Expenditures
Salaries & Benefits 1,578,058 1,461,251 116,807 1,677,364 81,900 1,759,264 Personnel costs for fleet
mechanic - SB-230 ($81.9K)
Operating, Maintenance & Contracts 2,442,512 2,069,940 372,572 2,672,949 252,239 (164,462) 2,760,726
Operational costs related to
SB-230 ($252.2K)
Capital Outlay 2,961,415 2,051,041 910,373 1,428,500 824,000 (32,000) 2,220,500
Re-appropriate ongoing
vehicle replacements
($824.0K)
Total Expenditures 6,981,985 5,582,233 1,399,751 5,778,813 1,158,139 (196,462) 6,740,490
Revenue Over (Under) Expenditures (1,587,640) (359,578) 130,653 (787,272) 0 (656,619)
Beginning Fund Balance 3,976,045 3,976,045 2,388,405 3,616,467
Fund Balance Correction
Ending Fund Balance 2,388,405$ 3,616,467$ 2,519,058$ 2,959,848$
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
181
Variance
2025 2025 Favorable /1st 2026
Amended Actuals (Unfavorable)2026 Supplemental Amended
Revenue
Rental Revenue 1,255,770 1,247,683 8,087 1,289,998 1,289,998
Timber Ridge Rental Revenue - - 277,830 277,830
Other Earnings and Investments - 12,707 12,707 1,500 1,500
Total Revenue 1,255,770 1,260,390 20,794 1,569,328 - 1,569,328
Expenditures
General Fund Administrative Fee 374,918 374,305 613 386,999 386,999
Operational Costs 433,643 395,882 37,761 616,952 616,952
Operational Maintenance 212,750 168,164 44,586 207,750 207,750
Unit Masterleases 61,200 61,500 (300) 64,260 64,260
Total Expenditures 1,082,511 999,851 82,660 1,275,961 - 1,275,961
Surplus (Deficit) from Operations 173,259 260,540 87,281 293,367 - 293,367
Capital Funding Sources/(Uses)
Purchase of Employee Rental Units - - (8,500,000) (8,123,099) (16,623,099) Purchase of additional Timber Ridge Units
($8.1M)
Capital Maintenance of Units (202,631) (96,261) 106,370 (100,000) (100,000)
Transfer from General Fund 8,123,099 8,123,099 Transfer from GF for purchase of additional
Timber Ridge Units ($8.1M)
Transfer from/(to) Capital Projects Fund 52,631 - 52,631 8,500,000 8,500,000 Transfer from CPF for purchase of Timber
Ridge Units ($8.5M)
Net Capital Funding Sources/(Uses)(150,000) (96,261) 53,739 (100,000) - (100,000)
Surplus (Deficit) Net of Capital Items 23,259 164,279 141,020 193,367 - 193,367
Beginning Fund Balance - - 164,279 164,279
Ending Fund Balance 23,259$ 164,279$ 357,646$ 357,646$
TOWN OF VAIL 2026 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
INTERNAL EMPLOYEE HOUSING RENTAL FUND
182
Variance Proposed
2025 2025 Favorable /1st 2026
Amended Actuals (Unfavorable)2026 Supplemental Amended
Revenue
E911 Board Revenue 1,246,961$ 1,246,961$ -$ 1,687,805$ 1,687,805$
Interagency Charges 1,982,148 1,982,148 - 2,158,752 2,158,752
Town of Vail Interagency Charge 827,330 827,331 - 936,217 936,217
Earnings on Investments and Other 54,000 142,020 88,020 43,000 43,000
E911 Board Capital Grant - - - - 766,226 766,226
911 Authority Reimbursement for AXS Radio Console Upgrade
($766.2K)
Total Revenue 4,110,439 4,198,460 88,020 4,825,774 766,226 5,592,000
Expenditures
Salaries & Benefits 3,354,993 3,295,728 59,265 4,036,526 4,036,526
Operating, Maintenance & Contracts 722,869 663,503 59,366 687,072 23,642 710,714 Roll-forward ongoing Dispatch Center Assessment ($23.4K); Heavy
Equipment Charge adjustment ($0.3K)
Capital Outlay 853,610 6,161 847,449 1,628,675 1,628,675
2025: RMS Replacement ($750.0K); Mobile Responder Command and
Control Tool ($97.1K); Increased scope of Command and Control Tool
($6.5K)
2026: AXS Radio Console Upgrade (Funded by 911 Authority
Reimbursement - $740.1K)
2026: Re-appropriate ongoing RMS Replacement ($750.0K) and Mobile
Responder tool ($97.5K)
Total Expenditures 4,931,472 3,965,392 966,080 4,723,598 1,652,317 6,375,915
Revenue Over (Under) Expenditures (821,033) 233,068 1,054,101 102,176 (886,091) (783,915)
Other Financing Sources (Uses)
Transfer from General Fund -
Total Financing Sources (Uses)-
Surplus Net of Transfers & New Programs
Change in Net Position (821,033) 233,068 1,054,101 102,176 (886,091) (783,915)
Beginning Fund Balance 2,977,684 2,977,684 3,210,752 3,210,752
Ending Fund Balance 2,156,651$ 3,210,752$ 3,312,928$ 2,426,837$
TOWN OF VAIL 2026 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
183
2025 2025 Under/Proposed 1st 2026
Amended Actuals (Over)2026 Supplemental Amended
Revenue
Rental Income -$ -$ -$
Ground Lease Buy-Out (Lionsridge)- - -
Other Income - - -
Contributed Capital -
Total Revenue - - -
Expenditures
Operating, Maintenance & Contracts - - -
Capital Outlay - - -
Contingency - - -
Total Expenditures - - -
Operating Income - - -
Non-operating Revenues (Expenses)
Interest on Investments - 9,873 9,873 -
Loan Principal Repayment to Capital Projects Fund (407,530) (407,530) - (3,488,184) (3,488,184)
Interest Payment to Capital Projects Fund (55,379) (55,379) - -
Total Non-operating Revenues (Expenses)(462,909) (453,036) 9,873 (3,488,184) - (3,488,184)
Surplus (Deficit) from Operations (462,909) (453,036) 9,873 (3,488,184) - (3,488,184)
Timber Ridge Redevelopment
Land Reimbursement @ Sale
Transfer to CPF for original land purchase - - - -
Transfer from Housing Fund- CDOT Land Acquisition - - - -
CDOT Land Acquisition - - - -
Reimbursement to TOV(Assumes 60% Sales)- - 22,696,647 22,696,647
Timber Ridge Redevelopment TOV Comittment (10,750,067) (8,646,390) 2,103,677 -
-
Redevelopment Legal Fee Contingency (20,461) (14,913) 5,549 - (100,000) (100,000)
Transfer from Housing Fund- TR Development 10,541,295 8,656,702 1,884,593 - -
Transfer from General Fund- TR Development 229,233 - 229,233 (20,344,829) 229,233 (20,115,596)
Total TR Redevelopment Contribution - (4,600) 4,223,052 2,351,818 129,233 2,481,051
Transfer to Housing Fund (Lionsdige Ground Lease
Buyout)- - -
Revenue Over (Under) Expenditures (462,909) (457,636) (1,136,366) 129,233 (1,007,133)
Beginning Fund Balance 1,713,355 1,713,355 1,250,446 1,255,720
Ending Fund Balance 1,250,446$ 1,255,720$ 114,100$ 248,600$
TOWN OF VAIL 2026 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TIMBER RIDGE FUND
184
Ordinance No. 4, Series of 2026
ORDINANCE NO. 4
SERIES OF 2026
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, INTERNAL EMPLOYEE HOUSING RENTAL FUND,
TIMBER RIDGE FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF
THE 2026 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE
SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2026 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2025, adopting the 2026 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2026 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ (1,423,875)
Capital Projects Fund 46,624,409
Real Estate Transfer Tax Fund 5,867,880
Housing Fund (3,056,987)
Heavy Equipment Fund 961,677
Internal Employee Housing Rental Fund 8,123,099
Timber Ridge Fund (129,233)
Health Insurance Fund 173,506
Dispatch Services Fund 1,652,317
Interfund Transfers 7,546,630
Total $ 66,512,928
185
Ordinance No. 4, Series of 2026
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 7th day of April 2026, and a public hearing shall be held on this Ordinance on
the 21st day of April, 2026, at the regular meeting of the Town Council of the Town of Vail, Colorado,
in the Municipal Building of the town.
_______________________________
Barry Davis, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
186
2026 1st SUPPLEMENTAL BUDGET APPROPRIATION
1st READING
FINANCE | April 7, 2026
187
Revenue
Forecast
Adjustments,
$1.1M, 9%
Revenue
Rollforwards
from 2025,
$5.5M, 45%
Revenue
Reimbursements
for New
Expenditures,
$3.7M, 30%
Revenue
Reimbursements for
Existing Budgeted
Expenditures, $1.9M,
16%
Revenue
Forecast
Adjustments,
$5.5M, 56%
Timber Ridge
Land
Reimbursement
(Deferral based
on unit sales),
$4.4M, 44%
2026 SUPPLEMENTAL BUDGET | Revenues
Town of Vail | Finance
Revenues: Net Increase of $2,223,112
Revenue Increases
($12.2M)
Revenue Decreases
($9.8M)
188
3
2026 SUPPLEMENTAL BUDGET | Revenues
Town of Vail | Finance
Revenue Source Fund
2025 Increase /
(Decrease)
Total
Proposed
Amended
Budget
General Sales Tax GF/CPF $(2,638,797)$39,699,003
Housing Sales Tax HF $(306,160)$4,834,841
Ski Lift Tax GF $(909,625)$6,039,641
Parking Revenues GF $(1,542,639)$8,965,340
Clean Transit Enterprise Grant for EV Bus CPF $1,254,076 $1,254,076
SB-230 Operational Transit Grant GF $938,499 $938,499
Major Revenue Adjustments Include:
Please see the included Memo for detailed information on
revenue adjustments
189
2026 SUPPLEMENTAL BUDGET | Expenditures
Town of Vail | Finance
Expenditures: Net Increase of $66,512,928
Expenditure Increases
($74.5M)
Expenditure Decreases
& Deferrals ($7.9M)
Previously
Approved by
Council, $202.5K
New Requests,
$207.9K
Partially/Fully Offset by
Revenue, $4.8M, 7%
Re-
appropriation:
Dobson Arena,
$33.4M, 45%
Other
Reappropriations,
$35.8M, 48%
Budget
Reductions:
Operational,
$1.2M
Budget
Reductions:
Capital,
$5.7M
Budget
Deferrals:
Capital,
$1.0M,
13%
190
6
2026 SUPPLEMENTAL BUDGET | Expenditures
Town of Vail | Finance
Expenditure Fund Category Amount
Transit Service Enhancements (SB230)GF/HEF Largely offset by Revenue &
Previously Approved by
Council
$1,209,827
Town’s Legal & Consultant Costs for
Potential Downtown Development
Authority in West Lionshead
GF Previously Approved by
Council
$125,000
Internal management training and
business development plans
GF Previously Approved by
Council
$55,000
Dispatch AXS Radio Console
Replacements (Funded by 911 Authority)
Dispatch Largely offset by Revenue $781,226
New & Significant Expenditure Adjustments Include:
Please see the included Memo for detailed information on all
expenditure adjustments
191
8
2026 SUPPLEMENTAL BUDGET | Reserves
Town of Vail | Finance
$139.3M
$95.4M $101.2M
$52.5M $57.4M
$67.2M $65.9M
$0.0M
$20.0M
$40.0M
$60.0M
$80.0M
$100.0M
$120.0M
$140.0M
$160.0M
2023 Actual 2024 Actual 2025
Preliminary
2026 2027 2028 2029
Reserve Projections (above Minimum & Restricted)
Housing Fund
RETT Fund
Capital
Projects Fund
General Fund
192
9
2026 SUPPLEMENTAL BUDGET | Recap
Town of Vail | Finance
Are there any questions?
193