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Home My WebLink AboutC S U CASHIERS OFFICE COLORADO HERITAGE PROGRAM - CONTRACT - CONTRACT - 6603773Service 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. l 2. Term. This Agreement shall become effective on May-I-:5; 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 sun unless such sutra 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. I ' 24-10-101 et seg.). 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 agrecs 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: Carmen Morales, Senior Research Administrator Sponsored Programs Colorado State University Campus Delivery Box 2002 Fort Collins, CO 80523-2002 Tel: 970-491-6684 Fax:970-491-1810 carmen.morales@research.colostate.edu Client: r 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 py. f� Printed Name. LY n Johnson Title: Director Sponsored Program Date: Client: City of Fort Collins By Printed ame: .1 qV4 '�S L5- (9 k- Title: {f c7Ct 04 Pvt/LC Fiyl FI'L Authorized Representative Date: 2- / &.rC