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Home My WebLink About102552 C S U CASHIERS OFFICE - CONTRACT - CONTRACT - 26874Service Aereement This Service Agreement (Agreement) is entered into between the Board of Governors of the Colorado State University System by and through Colorado State University, an institution of higher education of the State of Colorado, located at Fort Collins, Colorado, 80523 (University or CSU) and The City of Fort Collins, Colorado (name of Client), a Municipal Corporation, with its principal place of business at 1745 Hoffman Mill Road, Fort Collins, CO 80522-0580 (Client). WHEREAS, University is a comprehensive, land-grant University with experience and resources in a field of mutual interest between University and Client; and WHEREAS, the Client and University contemplate entering into an agreement whereby CSU' s expertise and resources may be utilized to perform the services described herein, which Client desires to obtain; and WHEREAS, the performance of such services by University is consistent, compatible, and beneficial to the academic role and mission of the University as an institution of higher education; NOW, THEREFORE, in consideration of the above and the mutual promises contained herein, the parties agree as follows: Scope of Work. The University agrees to perform for the Client the services described in the Scope of Work, Exhibit A hereto, under the direction and supervision of the Principal Investigator, David Anderson. 2. Term. This Agreement shall become effective on May 15, 2006, and shall terminate on May 14, 2007 unless agreed upon otherwise in writing by the parties. 3. Payment. The Client agrees to pay the University for services performed under this Agreement as follows: In a fixed price amount of 16,012.00, AS SET FORTH IN THE budget Attachment, Exhibit B, attached hereto and incorporated by reference. The University reserves the right to reallocate funds between approved budget categories. Payment will be made in accordance with the schedule provided below: Fifty percent (50%) ($8,000.00) upon acceptance of this agreement; Forty percent (40%) ($6,400.00) mid way through project (date: November 15, 2006) Ten Percent (10%) ($1,612.00) upon submission of final report/deliverable. It is agreed that Client shall not be obligated to pay CSU in excess of said sum unless such sum is increased by prior written consent of Client, or a written modification of this Agreement shall have been executed by the parties. It is also agreed that CSU shall not be obligated to perform any work beyond that specified in this Agreement, unless this Agreement is modified in writing signed by both parties or a separate writing is executed setting forth the additional scope of work and payment terms. 4. Reporting Requirements. CSU agrees that all project information or results as defined in the scope of work shall be made available to client at any reasonable time, subject to the terms and conditions of this agreement. CSU shall communicate promptly and without request all information which it deems pertinent to the project as it progresses. A final report shall be submitted within thirty (30) days after completion of the project covering results of the Project. 5. Confidentiality. It may be necessary for the Client to disclose confidential information to the University's representatives so they can perform the work described herein. At the time of disclosure, the Client shall indicate which information is confidential. Confidential information will not include information that: a) at the time of disclosure or subsequent to that time is generally available to the public; b) is known by the University at the time of disclosure and substantiated in written documents; or, c) is made known to the University by a third party not connected with the Client. To the extent authorized by law, the University agrees to maintain the confidentiality of the information; not to use the information for any purposes other than contained in the scope of work defined in this Agreement; and, not to disclose the information to anyone other than those directly involved with this Agreement. 6. Equipment. All equipment purchased with funds provided under this Agreement for use in connection with this Agreement shall be the property of the University, and shall be dedicated to providing services under this Agreement while this Agreement is in effect. 7. Each Party Responsible for Its Own Acts. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. The University is an institution of higher education of the State of Colorado and is governed by the provisions of the Colorado Governmental Immunity Act (C.R.S.' ' 24-10-101 et se .. Nothing in this Agreement shall be construed as a waiver of the protections of said Act. This Agreement shall not be construed to create any partnership, joint venture, nor other agency relationship between the parties, who are independent of one another. 8. Use of Tradenames and Service Marks. Neither party obtains by this Agreement any right, title, or interest in, nor any right to reproduce nor to use for any purpose, the name, tradenames, trade- or service marks, logos or copyrights of the other party. The Client will not include the name of Colorado State University, nor of any member of CSU project staff or other employees, in any advertising, sales promotion, or publication without the prior written approval of the University. 9. Compliance with Laws. Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders. 10. Assignment. Neither party shall assign or transfer any interest in this Agreement, delegate any of its obligations, nor assign any claims for money due or to become due under this Agreement, without the prior written approval of the other party. 11. Termination. Each party shall have the right to terminate this Agreement upon not less than sixty (60) days prior written notice to the other party. If notice is so given, this Agreement shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this Agreement shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any previous contracts, understandings, or agreements of the parties, whether oral or written, concerning the subject matter of this Agreement. 13. Changes and Amendments. No modification or amendment to this Agreement shall be effective unless made in writing and signed by all parties hereto. 14. Notices. All notices required to be given pursuant to this Agreement shall be effective when delivered in writing by hand or by certified mail, return receipt requested, or on the next business day when sent by facsimile transmission, addressed as follows: University: Client: Carmen Morales, Senior Research Administrator Sponsored Programs Colorado State University Campus Delivery Box 2002 Fort Collins, CO 80523-2002 Tel: 970-491-6684 Fax: 970491-1810 carmen.morales@research.colostate.edu 15. Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Denver, State of Colorado. 16. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. 17. Ability to contract. The parties represent, each to the other, that they are not subject to any restrictive obligations imposed by former or present clients or other persons that would impair their ability to perform their respective obligations hereunder. 18. Additional Provisions. The following additional provisions shall apply: (insert any additional terms as required). IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the dates set forth herein. Board of Governors of the Colorado State University System, by and through Colorado State University M�y Printed Name: ynn Johnson Title: Director, Sponsored Programs Date: _5--A'Zsa Client: City of Fort Collins By: Printed Name: Title: Authorized Representative Date: EXHIBIT "A" SCOPE OF WORK Population Monitoring and Status Survey of Bell's Twinpod Introduction Bell's twinpod (Physada bel6r) is a rare, herbaceous, perennial plant species which is a member of the mustard family (Brassicaceae). Its global distribution is limited to hogbacks in the northern Front Range of Colorado in Larimer, Boulder, and Jefferson counties. It is found on barren shale outcrops of the Niobrara and Pierre formations, and on a range of red hogback -forming sandstone formations including Fountain/Ingleside and Lykins. It is often found where the rock has been exposed by road cuts, and along natural outcrops, such as ridge crests. Bell's twinpod is known from a total of 28 occurrences, 19 of which are found in Larimer County. Significant populations of Bell's twinpod are found on lands owned and managed by the City of Fort Collins. Robust populations of this species are found in the Bobcat, Coyote Ridge, Pine Ridge, and Cathy Fromme Prairie Natural Areas. Need Four occurrences, or about 15% of the known occurrences of this species, are found on City of Fort Collins Natural Areas (Table 1). A fifth occurrence was documented in 1917 that may have been in what is now the Cathy Fromme Prairie Natural Area, but its location is uncertain. Thus, to a large extent the viability of this species is determined by management decisions made by the City of Fort Collins. Occurrences in City of Fort Collins Natural Areas were revisited in 2003 as part of a comprehensive biological survey of Larimer County (Doyle at al. 2004). However, very little is known about the population biology of these populations that could be used to support the development of management directives that help to ensure the viability of Bell's twinpod on City of Fort Collins lands. Monitoring will provide data on population trends that can provide feedback useful for the management of this species and its habitat, and will help the City of Fort Collins remain compliant in their commitment to "conserve natural areas in a manner that protects their integrity, while providing educational, interpretive and appropriate recreational opportunities to citizens." The viability of many occurrences of Bell's twinpod is threatened by human activities including suburban expansion along the Front Range, road construction, invasion of habitat by nonnative species, and recreation. On City of Fort Collins lands, recreational use and invasion of exotic species are the primary threats since these lands are protected from development. Monitoring may help establish whether any causal links exist between threats and population trends. Schemske et al. (1994) advocate that the conservation of rare plant species will be best served if research and monitoring are directed towards answering three questions: 1) Given present conditions, is population size increasing, decreasing or stable? 2) What are the life history stages that have the greatest effect on population growth and persistence? 3) What are the biological causes of variation in life history stages that have a major demographic impact? This monitoring project addresses the first of these questions and provides insights into the second question. Table 1. Status of the element occurrences of Bell's twinpod in City of Fort Collins Natural Areas. City of Fort Collins Natural Area CNHP EO# Element Occurrence Ranks Pine Ride 5 B Good Viability) Cathy Fromme Prairie 17 C Fair Viability) Coyote Ride 38 B Good Viability) Bobcat 44 B Good Viability) Methods Population Trend Monitoring In 1995-1997, The City of Boulder conducted population monitoring for Bell's twinpod at ten locations on City of Boulder Open Space and Mountain Parks properties (Carpenter 1997). At each location a permanent plot was established and resampled annually. The plots used by Carpenter (1997) were a restricted random sample taken within a 10 x 10 meter macroplot. CNHP proposes to employ similar methods to monitor population trend at each occurrence from the Pine Ridge, Cathy Fromme Prairie, Coyote Ridge, and Bobcat Natural Areas. At least three years, and ideally five or more years, of monitoring will be needed to make reliable inferences regarding population trend. However, this proposal includes an estimate for only the first year's work. With respect to population monitoring, this will include the establishment of the permanent plots and sampling them to obtain the baseline. Funding will be sought to permit future resampling of the plots, or City of Fort Collins staff will resample the plots in future years. Occurrence Mapping Populations of Bell's twinpod will be mapped using a field Global Positioning System unit. Some small areas of potential habitat were left unsurveyed in 2003, and these areas will be surveyed and any additional suboccurrences identified will be mapped. Estimation of Relative Population Density The relative population density will be mapped within the known occurrences of Bell's twinpod on City of Fort Collins Natural Areas. This will involve taking dispersed measurements of population density at numerous points within each occurrence. The density measurements will be appended to GIS data in the field that will then be used to create a density surface with isolines distinguishing areas of higher and lower population density. This information will be useful for supporting management decisions that minimize impacts to the densest portions of occurrences. These data can also be used to make inferences about population size. EXHIBIT "B" Budget Summary TOTAL PERSONNEL: $11,415 DOMESTIC TRAVEL: $0 MATERIALS AND SUPPLIES: $481 TOTAL DIRECT COSTS: $11,896 CSU Indirect(34.6%): $4,116 TOTAL: $16,012 Budget Narrative Personnel Hourly Rate Chief Scientist $57 Botanist $40 GIS Coordinator $34 Botany Info Mgr $33 This budget includes funds to cover the field work, analysis, data processing, and report production. Personnel include the Botanist, Chief Scientist, GIS Coordinator, and Botany Information Manager. No travel costs are included in the budget due to the close proximity of the study area to the Colorado Natural Heritage Program office. Materials include supplies needed to establish the permanent plots. Deliverables - Report specifying methods and baseline results of monitoring, and presenting maps of element occurrence boundaries and relative population density. - GIS data for element occurrence boundaries, plot locations, and relative population density. References Carpenter, A. 1997. Ecological Studies of the Rare Plant Physaria bellli (Bell's Twinpod) on City of Boulder Open Space Lands. Report prepared for the City of Boulder Open Space and Mountain Parks Research / Monitoring Program by The Nature Conservancy. Doyle, G., S.L. Neid, and R. Rondeau. 2005. Survey of Critical Biological Resources: Larimer County, Colorado, 2004. Report prepared for Larimer County Parks and Open Lands, City of Fort Collins Natural Areas Program, Loveland Natural Areas Program, and Larimer County Planning Department by the Colorado Natural Heritage Program. Schemske, D. W., B. C. Husband, M. H. Ruckelshaus, C. Goodwillie, I. M. Parker, and J. G. Bishop. 1994. Evaluating approaches to the conservation of rare and endangered plants. Ecology 75: 584-606.