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HomeMy WebLinkAboutCOLORADO STATE UNIVERSITY HERITAGE PROGRAM - CONTRACT - CONTRACT - SOAPSTONE PRAIRIE NATURAL AREA MANAGEMENT PLANService Agreement 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 City of Fort Collins(name of Client), a Municipal Corporation(legal status of business and place of corporate registration, such as "sole proprietor" or "Colorado corporation'), with its principal place of business at PO Box 580 Fort Collins, CO 80522 _(address) (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, Lee Grunau. 2. Term. This Agreement shall become effective on August 22, 2006, and shall terminate on December 31, 2006 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 $24,585.00, 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%) ($12,290.00) upon acceptance of this agreement; Forty percent (40%) ($9,830.00) mid way through project (date: ) Ten Percent (10%) ($2,465.00) 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 seq.). 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: 970-491-1810 City of Fort Collins PO Box 580 Fort Collins, CO 80522 Attn. DaylanFiggs 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 n � � V' Printed Na e: Lynn Johnson Title: Director, Sponsored Programs Date: I I (t I oo Client: By. Printe ame: James B. O'Neill II, CPPO, FNIGP Title: Director of Purchasing and Risk Mgt Authorized Representative Date: August 22, 2006 Soapstone Prairie Natural Area Management Plan A proposal submitted to: City of Fort Collins Submitted by: Lee Grunau, Renee Rondeau, and Stephanie Neid Colorado Natural Heritage Program 8002 Campus Delivery Fort Collins, CO 80523 (970) 4912844; Inrunau@colostate.edu www.cnhp.colostate.edu Background In 2004, the City of Fort Collins purchased the Colorado portion of the Soapstone Ranch property, now known as the Soapstone Prairie Natural Area. The property contains significant cultural and natural resources, including the Lindenmeier archeological site (a registered National Historic Landmark), spectacular scenery, and a robust wildlife community. Because the Soapstone Prairie Natural Area is situated across the transition zone between prairie and foothills ecosystems, it is rich in biodiversity. Significant biological resources include globally rare foothills plant communities, several declining prairie species, and abundant big game herds. The Soapstone property has a long history of agricultural production, and is still leased for cattle grazing by a local grazing association. The proximity of the Soapstone Prairie Natural Area to the City of Fort Collins also offers prime recreation opportunities, including non -motorized outdoor recreation and wildlife viewing. Maintaining an appropriate balance between traditional ranching uses, introduced public access and recreation, and protection of natural and cultural values will require careful planning and management. CNHP proposes to assist the City of Fort Collins in developing a management plan for the Soapstone Prairie Natural Area that is well grounded in conservation science. Development of the management plan will be done in collaboration with City of Fort --- Collins staff in an open public process, and in coordination with Larimer County's concurrent planning for the adjacent Red Mountain Ranch Open Space. Significant components of the planning process will include: ■ identifying species, ecological systems, and cultural resources that warrant focused conservation attention; ■ evaluating biological integrity of significant ecological systems and species of concern, and factors that may affect viability; ■ defining management issues and desired uses for the property; ■ exploring the relationship(s) among significant biological and cultural resources and potential impacts from various uses; and ■ delineating geographic zones that describe where conservation, recreation, and/or production uses are most compatible and appropriate. The results of these analyses will be used to develop a strategic management vision, and to articulate specific management goals and objectives for the Soapstone property. The end result of this project will be a management plan outline that summarizes available information, management issues, and proposed management strategies. This outline/summary will provide basic information that the City can present to the public for comment, in support of further development of a detailed management plan. Tasks 1. Compile existing information and begin writing introductory sections of draft plan. 2. Coordinate with designated City of Fort Collins staff to compile information on existing condition and management issues related to: ■ Vegetation ■ Wildlife ■ Cultural Resources ■ Recreation ■ Interpretation and Education ■ Site Administration and Public Improvements 3. Coordinate as necessary and appropriate with Latimer County's planning process for the adjacent Red Mountain Ranch Open Space. 4. Attend initial public meeting, and provide support to City staff as necessary and budget allows. 5. Collaborate with City of Fort Collins staff to develop a strategic vision, management goals/objectives for the management issues listed under #2 above and others identified during the planning process, and a method for integrating a separate grazing plan into overall management of the property. 6. Produce first draft of the management plan, in outline format with bulleted summaries of major issues and proposed actions. Budget Summary TOTAL PERSONNEL: $15,722 DOMESTIC TRAVEL: Y$100 MATERIALS AND SUPPLIES: $200 CORE HERITAGE SERVICES $2,243 TOTAL DIRECT COSTS: $18,265 CSU Indirect (34.6%): $6,320 TOTAL: $24,585 Budget Narrative Personnel Hourly Rate Conservation Planner $27 , Ecologist $21 Ecologist $41 This budget includes funds to cover personnel time for meetings, collaboration with City staff and other planning partners, and writing the draft plan. Personnel include the Conservation Planner, Ecologist, and Chief Scientist. Travel costs are to cover mileage expenses for day -trips to the Soapstone Prairie Natural Area. Materials and supply costs cover materials needed for document and map printing. Core Heritage Services are related to the management of the Natural Heritage Data System and associated essential computer system services which directly support the ability of CNHP to complete projects using the best biodiversity information available. Deliverables 1. Draft management plan in outline/bullet format. The draft plan will be produced in Microsoft Word, and delivered via email, CD, or FTP site. Timeline The project will begin on date of final contract execution (expected to be August 2006). Work will be completed and deliverable submitted no later than December 31, 2006. Budget end date will be January 31, 2007, to allow for processing of final expenses and invoice.