HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 913183201l�l�3Z
RESEARCH AGREEMENT
This Research Agreement ("Agreement') is entered into by and between The Board of Governors of The
Colorado State University System, acting by and through Colorado State University, an institution of
higher education of the State of Colorado, located at Fort Collins, Colorado, 80523-2002 ("University"),
and the Sponsor, City of Fort Collins, Water Production Division, 4316 LaPorte Avenue, Fort Collins,
CO 80522 ("Sponsor"), collectively referred to as "Parties".
PARTIES:
UNIVERSITY:
The Board of Governors of the Colorado State
University System, acting by and through Colorado
State University, an institution of higher education
of the State of Colorado, located at Fort Collins,
Colorado, 80523-2002
Sponsored Programs
601 Howes Street Room 408
Fort Collins, CO 80525-2002
SPONSOR:
Full legal name of Sponsor: City of Fort Collins
State of Business Registration:
Business Address: PO Box 580
4316 LaPorte Ave
City, State, Zip: Fort Collins, CO 80521
RECITALS:
1. University is a comprehensive, land-grant University with experience and resources in a field
of mutual interest between University and Sponsor.
2. Sponsor desires research to be performed in accordance with the Scope of Work
described in Exhibit A and terms outlined in this Agreement (the "Project").
3. Performance of such research is consistent, compatible, and beneficial to the academic
role and mission of the University as an institution of higher education.
AGREEMENT:
1. Independent Contractors. It is understood and agreed by the Parties that the University is an
independent contractor with respect to the Sponsor and that this Agreement is not intended and shall not
be construed to create an employer/employee relationship or a joint venture relationship between the
University and the Sponsor. The University shall be free from the direction and control of the Sponsor in
the performance of the University's obligations under this Agreement, except that the Sponsor may
indicate specifications, standards requirements and deliverables for satisfaction of the University's
obligations under this Agreement.
2. Term. This Agreement shall begin on June 1, 2013 and shall terminate on May 31, 2015 unless
sooner terminated as provided herein or extended by written agreement of the Parties.
channels within treated and untreated basins, v) temporaiy,storage'an.d flushing'of sed mett
under various rainfall/runoff scenarios, and vi) how these processes operate.with and without
mulch. In addition, surface water .quality will beevaluated in both mulched and untnulched
basins with regard to nutrients (nitrate, orthophosphate, total:iutrogen„total.:phosphorous),'and
possibly total organic carbon and dissolved organic carbon.
Methods
1) Survey initial conditions in selected 1 , 2°d, and 3rd order channels in the South Fork- -
Cache la Poudre watershed within one mulched (hereafter referred to as the -Woodpecker
Woods site) and one unmulched basin (hereafter referred to as; the Rocky Top. site-, Figure
2) Quantify, through repeat surveying, channel morphologic_clianges within the mulched_
and unmulched basins over two field seasons.
3) Quantify the sediment deliveryfrom the 1') 2' . and 3`� order channels that transport
sediment downstream to the South Fork using dowri-looking sonar at the, selected
reaches. Rain gauges attached to automatic cameras will provide information on rainfall
intensities associated with individual. sedimentation events. ' : "
4) Quantify transport distances of colored tracer sand and, gravel within V2" d, and 3`� order
channels during different runoff events
5) Install turbidity and conductivity meters on the South Foik Rivecupstream. and
downstream of the confluence with the mulched and unmulched basins for water quality
analysis (suspended and total dissolved loads) during precipitation events:
6) Monitor sediment transport to the South Fork Cache 1�1 dre via fap aggradation and': `
degradation.
'n Map the geology of the mulched and unmulched basins to evaluate the role of
on size and volume of sediment transported downstream;
8) Analyze nutrients (nitrates and orthophosphates using a•Hach spectrophotometer) ;LA the;
water quality laboratory at Colorado State University:. Total`niirogen and total : '
phosphorous will be analyzed at the soils lab at CSU TOC :roilDOC samples will be sent' '
out for analysis.
Implications and Significance
The proposed research will acquire new data on mechanisms and controls on sediment delivery :? .
following a wildfire. The data fill a critical gap in linldng mulching "efforts on a small watershed
scale and the degree to which erosion and transport of sediment is, reduced downstream
Sediment loading to the main stem Cache la Poudre River 6e a, long-term problem for water ,
conveyance within the main stem and water treatment costs in the future. A§ such, sediment
monitoring from the selected basins will extend beyond the funding period to acquire thbrough'.'_
long -tern results that span a range of rainfall runoff scenarios. These efforts in the South FioTk
complement a NSF RAPID project at CSU where sediment quantities are monitored in '
ephemeral Hill (mulched) and Skin (unmulched) Gulches (work of L. MacDonald) that .
contribute directly to the main stem of the Cache la Poudre. Finally, the effects of climCate.
change; including drought, increases the potential for future wildfires within the Caehela'Poudre
watershed. Results of this analysis will help address management of water quantity and, ' 41ity`
stemming from burned watersheds in the coming years.
Legend
■ all_polnts_USGS CSU_runoff research_potnts_112912
USF$ TreatmentUnits
treat type
Straw Mulch
Wood Shred
Figure 1. Location map within the South Fork watershed showing I'' 20 and 3rd ordE
(blue squares) in the treated basin (Woodpecker Woods) and untreate&basin (Rooky
Straw mulch (red stippled pattern) will be extended in Woodpecker Woods to include
drainage area outlined (D. Entwistle and C. Chambers, US Forest Service, 2012). Turl
conductivity meters will be installed at both confluences with the $oath Pork (red dot
modified from L. Nieves -Rivera, US Forest Service.
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Budget
Graduate student $1500/morl for 14 loons
$21,000
Fringe 55%
$1155' _
95 miles @ $0.5 per mile x 24 trips
tifo
Misc. equipment (batteries, fence posts, rebar, etc.)
$ido
Water quality laboratory analyses
$500
Subtotal
.0,9,08
Indirect 48.7%
$l ii686
Total $35,681
C611aboration with Dr. Sandra Ryan-Burkeit of the US Forest SPTV"ipe Rocky Mountain
' .
Research Station will provide the necessary.instrumentation for this project. Sandra has 4&6d to
purchase the down -looking sonar, automatic cameras, rain: gar tgqg, and staff plates mstriimeat
the mulched and unmulched basins. In addition, Sandra has tutbip4ity and conductivity nieteTs
with data loggers available to use upstream and downstre�am'bfthle' conflueince'wiffi ffie South
buth
Fork (Figure 1, red dots).
Budget Justification
One MS student in Geosciences will be funded as a GRA f6i�14-months (2 inons i6mm6t 20I3,
9 mons academic year, 3 mons summer 2014) @ $1500/ month Frifige-befiefitfor-the .GRAis
5.5% or $1155. Mileage to cover field travel is budgeted at$1140, plus $i60,*',f5,rmi96dI1tin6ous
field equipment. Water quality analyses for nutrients will be.66iiauct6dat t. S.Vfor a total of,
$500. An indirect rate of 48.7% is applied, for a project total 65,681. of $
Deliverables
Dr. Sara Rathbum will supervise one Master's student to conduct the.res'earch for thu project,
and a MS thesis Will be completed by June 2015. Monthly brOlfi6: be.schedul&d as needed -,*
•with the Cities of Fort Collins and Greeley over the sampling periods (June-September,201Yla,nd
2014) to solicit feedback on the project. An annual report will be submitted to the'fundifig
d6stra
sponsors by Nov. 30, 2013 and 2014. In addition, the MS stuaent will submitap cthiran ,
oral -presentation at the annual AGU Hydrology Days symposium at QSU ddfifig §prihg -2015:
References
Benavides-Solori, J., and MacDonald, L, 2005. Measurement and prediction of pom-firii .erosion
at the hillslope scale, Colorado Front Range, _rntematiAdl Jo'uMol-pf Wildland FWe 141 -18. - -
High Park Fire Burned Area EmergencyResponse Report, 7uly17*
2012:
Natural Resource' 9
Conservation Service, Latimer County, Colorado Department of Transportation, and US.
Forest Service,'28 p.
4
y
MacDonald, L., and Robichaud, P., 2008, Postfire erosion and the effectiveness of emergency
rehabilitation treatments over time, Stream Notes, USDA Forest Service, Rocky Mountain
Research Station, 6 p.
Robichaud, P., 2005. Measurement of post -fire hillslope erosion to evaluate and model -
rehabilitation treatment effectiveness and recovery, International Journal of Wildland Fire,,
14:475-485.
Wagenbrenner, J., MacDonald, L, and Rough, D., 2006. Effectiveness of three post -fire
rehabilitation treatments in the Colorado Front Range, Hydrological Processes 20:2989-
3006.
3. Scope of Work. The University agrees to perform the research activities described in the Project
and made a part hereof as Exhibit A, under the direction and supervision of the University Principal
Investigator and in accordance with any milestones or periodic deliverables specified in Exhibit A. The
University Principal Investigator is Dr. Sara Rathbum of the Department of Geosciences who will be
responsible for the technical direction of the Project.
4. Payment. The Sponsor agrees to pay the University for the Project performed under this
Agreement in amount not to exceed of thirty five thousand six hundred and eighty one Dollars
($35,681.00) on a cost reimbursement basis. University will invoice not more often than monthly based
on actual expenditures. At the conclusion of the Project, the University will submit an invoice marked
"Final."
If the Sponsor uses a purchase order or some other source document as a Sponsor method for paying
invoices from the University and the purchase order or source document contains terms and conditions,
those terms and conditions will be null and void and not applicable to this Agreement. The purchase order
or source document is solely an internal Sponsor payment document.
5. Reporting Requirements. The University will provide reports on the progress of the research as
required in the Scope of Work, Exhibit A.
6. Confidentiality.
(a) Parties may have certain documents, data, information, and methodologies that are
confidential and proprietary to that Party ("ConfidentialInformation"). During the term of this
Agreement, either Party may, as the "Disclosing Party," disclose its Confidential Information to the
other Party (the "Recipient"), in writing, visually, or orally. If submitted other than in writing, the
Confidential Information shall be reduced to writing within 30 working days. Recipient shall receive
and use the Confidential Information for the sole purpose of the performance of this Agreement, and
for no other purpose (except as may be specifically authorized by the Disclosing Party, in writing).
Recipient agrees not to make use of the Confidential Information except for research conducted under
Us Agreement and agrees not to disclose the Confidential Information to any third Party or Parties
for a period of three (3) years after the end of this Agreement without the prior written consent of the
Disclosing Party
(b) Recipient shall use reasonable efforts to preserve the confidentiality of the Confidential
Information (using the same or similar protections as it would as if the Confidential Information were
Recipient's own, and in any event, not less than reasonable care). Recipient shall obligate its
affiliates with access to any portion of the Confidential Information to protect the proprietary nature
of the Confidential Information at least to the extent set forth in this Section 6.
(c) "Confidential Information" shall not include, and Recipient shall have no obligation to
refrain from disclosing or using, information which: ik generally available to the public at the time of
this Agreement; becomes part of the public domain or publicly known or available by publication or
otherwise, not through any unauthorized act or omission of Recipient; is lawfully disclosed to the
Recipient by third parties without breaching any obligation of non-use or confidentiality; or has been
independently developed by persons in Recipient's employ, as proven with written records, or
otherwise who have no contact with Confidential Information.
(d) In the event that Recipient is required by law to disclose Confidential Information,
Recipient will promptly notify the Disclosing Party, and the Disclosing Party may, at its sole
discretion and expense, initiate legal action to prevent, limit or condition such disclosure.
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(e) Notwithstanding any other provision of this Agreement, a Party may retain one copy of
the other Parry's Confidential Information in its confidential files, for the sole purpose of establishing
compliance with the terms hereof.
7. Publication. The University, as a state institution of higher education, engages only in research
that is compatible, consistent, and beneficial, to its academic role and mission. Therefore, significant
results of research activities must be reasonably available for publication. The Parties acknowledge that
the University shall have the right to publish results including student theses and dissertations. The
University agrees, however, that during the tern of this Agreement and for six (6) months thereafter, the
Sponsor shall have forty-five (45) days to review and comment on any proposed publication. Should
Sponsor believe that any part of such publication would constitute the disclosure of Confidential
Information as defined in Paragraph six above or contain information that might be patentable as a result
of this research, Sponsor will notify University in writing within such forty-five (45) day period, of the
relevant material, and University shall delay publication of such article for up to an additional ninety (90)
days in order to allow Sponsor to diligently pursue the filing of a patent application. University agrees
that any Confidential Information supplied to it by the Sponsor will not be included in any published
material without prior written approval by the Sponsor.
8. Intellectual Property. "Intellectual Property" as used herein shall mean all discoveries,
inventions, methodologies, improvements; software (but not copyrightable works) conceived, made,
discovered, and first reduced to practice in performance of the research under this Agreement ("IP").
(a) IP shall be owned as follows:
(i) IP created solely by one or more persons who are employees of University
("UNIVERSITY IP") shall be owned by Colorado State University, subject to the rights
of its inventors in accordance with the policies of the University. The University may, at
any time and without notice, assign or convey any or all of its rights in UNIVERSITY IP
(and in JOINT IP under subsection (iii) below) to the Colorado State University Research
Foundation (CSURF), which shall act as the University's patent and technology transfer
agent. Sponsor will be provided a non-exclusive, unrestricted, perpetual, royalty -free
license to use such UNIVERSITY 1P, for any purpose, but without the right to
sublicense, provided that Sponsor shall pay all costs incurred in the course of obtaining
patent or other intellectual property protection on behalf of CSU and/or CSURF for IP
that Sponsor intends to license, and will consult with CSU and/or CSURF on all
UNIVERSITY IP issues and applications.
(ii) IP created solely by one or more persons who are employees of Sponsor
("SPONSOR IP") shall be owned by Sponsor, subject to policies of Sponsor; provided,
University shall retain a non-exclusive, perpetual, royalty -free license, without the right
to sublicense, to use such SPONSOR IP for its own internal academic, research, and
publication purposes, subject to the publication provisions of Section 7 above.
(iii) IP jointly created by one or more employees of University and one or more
employees of Sponsor ("JOINT IP") shall be jointly owned by CSU and Sponsor.
Sponsor shall pay all costs incurred in the course of obtaining patent or other intellectual
property protection, and will consult University with regard to filing of patent and
copyright registration for all JOINT IP. Each Party is free to enjoy its undivided interests
in JOINT IP. Sponsor is not obligated to pay for JOINT IP protection; however, if
Sponsor decides not to pay for specific JOINT IP patent or other intellectual property
protection pursuant to this Section 8(a)iii, Sponsor shall fully assign in writing all of its
right, title and interests in such specific JOINT IP to University, and shall have no
continuing commercialization rights to such specific JOINT IP whatsoever.
(b) Each Party shall require its employees to promptly disclose to its respective technology
transfer office any IP. Each Party agrees to provide the other Party with a copy of each IP
disclosure within thirty (30) days after the disclosure is made, and in addition, will provide the
other Party with a written listing of all IP created pursuant to this Agreement within sixty (60)
days from the expiration or termination of this Agreement. For all such IP identified, CSURF
will provide, upon agreement by Sponsor to its payment of patent costs to CSURF, via separate
written agreement(s), licenses to UNIVERSITY IP and, JOINT IP according to the provisions of
Section 8(a)(i) and 8(a)(iii) above. Each Party will consult with the other Party at least thirty (30)
days prior to filing any patent or copyright application for IP and shall promptly notify the other
of any patents or copyright registrations issued.
(c) Intellectual property created external to the Project ("EXTERNAL IP") will be owned by
the originating Party. Nothing in this Agreement will be construed as any conferral of rights to
any of the Parties regarding such EXTERNAL IP. Nothing contained herein is to be construed as
permission, a recommendation or an inducement to use or practice any product, process,
equipment or formulation that may infringe upon any other intellectual property rights without
the prior written permission of the intellectual property owner.
(d) University does not make any representation or warranty, express or implied, that the use
of UNIVERSITY 1P and/or JOINT IP will not infringe any patent or other intellectual property
rights.
9. Equipment. Unless otherwise provided in the Scope of Work or in a writing signed by the
Parties, 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.
10. Liability; Insurance. 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.
Liability of the University is at all times herein strictly limited and controlled by the provisions of the
Colorado government Immunity Act, C.R.S. §§ 24-10-101, et seq. as now or hereafter amended. Nothing
in this Agreement shall be construed as a waiver of the protections of said Act. Each Party represents and
warrants that it maintains comprehensive general liability insurance and all coverages required by law
sufficient for the purpose of carrying out the duties and obligations arising under this Agreement. A Party
will furnish the other Party a certificate evidencing such insurance upon written request.
11. Exclusive Warranty; Disclaimer. . University warrants that all deliverables provided under
this Agreement will be provided substantially in accordance with the Scope of Work and/or written
protocol provided by Sponsor. Research results, deliverables, reports, IP disclosures and IP provided by
University are provided strictly "as -is" without any other warranty or guaranty of any kind. All other
warranties, express and implied, are hereby expressly disclaimed INCLUDING WARRANTIES OF
MERCHANrABILM AND FITNESS FOR A PARTICULAR PURPOSE. University does not
perform any services under this agreement that may be subject to FDA Regulations, e.g. GNP, cGNP,
GLP, GCP work/services. University shall not be liable for any indirect, special, incidental,
consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless
of whether or not University knows or should know of the possibility of such loss or damages). The
liability of either patty under this Agreement shall not exceed the amount paid or payable to the
University under this Agreement. .
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12. Use of Tradcnames and Service Marks. Neither Party obtains by this Agreement any right,
title, or interest in, or any right to reproduce or to use for any purpose, the name, tradenames, trade- or
service marks, or logos (the "Marks"), or the copyrights of the other Party. Neither Party will include the
name of the other Party or of any employee of that Party in any advertising, sales promotion, or other
publicity matter without the prior written approval of that other Party. In the case of the University, prior
written approval is required from the University Vice President for Research. In the case of the Sponsor,
prior written approval is required from an authorized representative of the Sponsor.
13. Termination. Either Party may terminate this Agreement, without cause, upon not less than
sixty (60) days' written notice, given in accordance with the Notice provisions of this Agreement.
Termination of this Agreement shall not relieve a Party from its obligations incurred prior to the
termination date. Upon termination of this Agreement by Sponsor, except in the case of a material breach
by University, Sponsor shall pay all costs accrued by University as of the date of termination including
non -cancelable obligations for the term of this Agreement, which shall include all appointments of staff
incurred prior to the effective date of the termination. University shall take steps to limit or terminate any
outstanding financial commitments for which. Sponsor is to be liable. University shall furnish, within
ninety (90) days of the effective termination date, a final report of all costs incurred and all funds received
and shall reimburse Sponsor for payments which may have been advanced in excess of total costs
incurred with no further obligations to Sponsor..
14. Default. A Party will be considered in default of its obligations under this Agreement if such
Party should fail to observe, to comply with, or to perform any term, condition, or covenant contained in
this Agreement and such failure continues for thirty (30) days after the non -defaulting Party gives the
defaulting Party written notice thereof. In the event of default, the non -defaulting Party, upon written
notice to the defaulting Party, may terminate this Agreement as of the date specified in the notice, and
may seek such other and further relief as may be provided by law. Notwithstanding the foregoing, in the
event of a breach or threatened breach of paragraph 6 of this Agreement, the non -defaulting Party may
terminate the Agreement immediately without affording the defaulting Party the opportunity to cure, and
may seek an injunction or restraining order as required to prevent unauthorized disclosures of
Confidential Information or unauthorized use of its Marks or copyrights.
15. Late Charges; Expenses. All amounts payable by Sponsor to CSU under this Agreement shall
be paid to CSU without any setoff, deduction or counterclaim. Any amounts billed to Sponsor not paid
within five (5) days of the due date thereof may be subject to a late charge of five percent (5%) of the
amount billed. In addition, such unpaid amount may bear interest until paid at the rate of eighteen percent
(18%) per annum. In the event any payment from Sponsor by check is returned by the financial
institution on which it is drawn for any reason, a service charge of One Hundred Dollars ($100.00) shall
be due and payable in addition to the late charge set forth above. In the event of any default by Sponsor
hereunder, Sponsor shall pay to CSU all attorneys' fees incurred by CSU in connection with such default
or the enforcement of CSU's rights or remedies arising in connection therewith, whether or not this
Agreement is terminated and whether or not CSU institutes any lawsuit against Sponsor as a result of
such default.
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16. Notices. All notices and other correspondence related to this Agreement shall be in writing and
shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with
signature or delivery receipt provided by a third Party courier service (such as FedEx, UPS, etc.), (iii) fax
transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated
representative of the Party as indicated below. A Party may change its designated representative for notice
purposes at any time by written notice to the other Party. The initial representatives of the Parties are as
follows:
University:
Carmen Morales
Sponsored Programs
408 University Services Center
601 So. Howes Street
Colorado State University
Fort Collins, CO 80523-2002
Telephone: (970) 491-6684
E-mail: carmen.morales@colostate.edu
Sponsor:
Lisa Voytko
City of Fort Collins Water Treatment
Facility
4316 LaPorte Ave
Fort Collins, CO 80521
Telephone 970-221-6692
E-mail lvoytko@fcgov.com
17. Legal Authority. Each Party to this Agreement warrants that it possesses the legal authority to
enter into this Agreement and that it has taken all actions required by its procedures, bylaws, and/or
applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute
this Agreement and to bind it to its terms. The person(s) executing this agreement on behalf of a Party
warrant(s) that such person(s) have full authorization to execute this Agreement. This Agreement shall
not be binding upon Colorado State University, its governing board or the State of Colorado unless signed
by the University Vice -President for Research or his/her authorized delegate.
18. Entire Agreement; Changes and Amendments. This Agreement constitutes the entire
agreement between the Parties, and supersedes any previous contracts, understandings, or agreements of
the Parties, whether verbal or written, concerning the subject matter of this Agreement. No amendment to
this Agreement shall be valid unless it is made in a writing signed by the authorized representatives of the
Parties.
19. Governing Law, Jurisdiction and Venue. Each Party agrees to comply with all applicable
federal, state and local laws, codes, regulations, rules, and orders in the performance of this Agreement.
This Agreement shall be governed by and construed under the laws of the State of Colorado. Any claim
arising under this Agreement shall be filed and tried in a court of competent jurisdiction in the City and
County of Denver, State of Colorado.
20. Assignment. This Agreement shall not be assigned without the prior written consent of the other
Party, which consent shall not be unreasonably withheld or delayed, provided however, such consent shall
not be required in the case of a sale or transfer to a third Party of all or substantially all of a Party's
business. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the,
successors and permitted assigns of the Parties.
21. Export of Technology. It is understood that University and Sponsor are subject to United States
laws and regulations controlling the export of technical data, computer software, laboratory prototypes
and other commodities, and that obligations hereunder are contingent on compliance with applicable U.S.
export laws and regulations (including the Arms Export Control Act, as amended, and the Export
Administration Act of 1979). The transfer of certain technical data and commodities may require a
license from the cognizant agency of the United States Government and/or written assurances that such
data or commodities will not be exported to certain foreign countries without prior approval of the
cognizant government agency. Sponsor and University agree to cooperate in securing any license which
the cognizant agency deems necessary in connection with this Agreement. Sponsor shall notify University
if any data or materials to be supplied to University by Sponsor are subject to export control license
requirements or are listed under export control regulations.
22. Waiver and Severability. No waiver of any breach of any provision of this Agreement shall
operate as a waiver of any other or subsequent breach thereof or of the provision itself, or of any other
provision. No provision of this Agreement shall be deemed to have been waived unless such waiver is in
writing and signed by the Party waiving the same, with the signature on behalf of University being that of
a vice president of University. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision
or part thereof and the remaining part of such provision and all other provisions hereof shall continue in
full force and effect.
23. Conflict of Interest. Except as set forth herein, Sponsor certifies that no officer, employee,
student or agent of University has been employed, retained, or paid a fee, or has otherwise received or
will receive during the term of this Agreement any personal compensation or consideration by or from
Sponsor or any of Sponsors directors, officers, employees, or agents in connection with the obtaining,
arranging, negotiation or conducting of this Agreement without advance, written notification to the
University.
24. Headings. Paragraph headings are for reference and convenience only and shall not be
determinative of the meaning or the interpretation of the language of this Agreement.
25. Survival. The respective rights and obligations of University and Sponsor under Paragraphs 6, 7,
8, 11, 12 and 19 shall survive the expiration or earlier termination of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written below.
The Board of Governors of the Colorado Sponsor:
State University System, acting by and
through Colorado State University:
1 >3y: By:' a
Printed Name: David B. Doty Printed Name:
Associate Director,
Title: Sponsored Programs :'Title: P-/ / frC4, 1,111c c1r,14
Date: 1 I Z 13 Date: y — !
Updated 11-7-12
EXHIBIT A TO RESEARCH AGREEMENT
Scope of Work
I
Exhlbt A.pdf
DETAMED DESCRIPTION:
Exhibit A
Mechanisms and Controls on Post High •Park Fire Sediment Delivery: South Fork Cache In
Poudre Basin
Sara L. Rathbum, Assoc. Prof., Department of Geosciences, Colorado -State University, Ft.
Collins, CO 80523-1482 rathbumAcnr.colostate.edu
Introduction and Objectives
The Hewlett and High Park fires during the spring and summer of 2012 burned over 87,000, acres
within the Cache In Poudre basin. The High Park fire is the largest and most destructive event in
the history of Larimer County (High Park Fire BAER Report, 2012). As part of the US Forest
Service's Burned Area Emergency Response (BAER) analysis, aerial mulching on severely'
burned hillslopes was recommended within the National Forest Systems'(NFS) lands to help.
minimize flood runoff and soil erosion. Small areas within NFS lands were mulched during late
summer 2012 with further mulching planned for early summer 2013 (D. Entwistle, pers.'comm.,
2012). In addition, the Cities of Fort Collins and Greeley collaborated on serial mulching on .
private lands during summer 2012. Questions about the effectiveness of mulching on limiting .
hillslope sediment transport to downstream receiving waterihave been raised, as well as the
effect of burned area runoff on water quality.
Field observations and measurements -indicate small, unnamed drainages north of the Old
Flowers road are contributing substantial amounts of post -fire sediment directly to the South
Fork Cache la Poudre River, and eventually to the main stem Cache In Poudre, which is a source
of drinking water for Fort Collins and Greeley. Previous research indicates that post=firq mulch
treatments are effective at the hillslope scale (Robichaud, 2005) and reduce sedimefifyields from
hillslopes by as much as 95% (Wagenbretmer et al., 2006). In addition, over 90% ofpost-fire
sediment is generated by summer convective storms (Benavides-Solorio and MacD6nafd,.2005'
•with the highest sediment production often occurring in the second summer (MacDonald and
Robichaud, 2008), and continuing until revegetation sufficiently Stabilizes the soil preventing
further erosion of burned hillslopes. Scaling up previous hilislope erosion measurements to the
entire watershed is challenging, with significant levels of uncertainty. In short, the linkages_
between hillslope stabilization through mulching and the reduction of instream sedimeIntatioh at
the larger watershed scale needs to be assessed in order to justify the expenses associated with
large-scale mulching efforts.
The research proposed herein will evaluate the controls on sediment delivery from two small
basins in the South Fork Cache la Poudre watershed (Figure 1).•�e main objective of the
research is to evaluate sediment delivery from one mulched and one unmulched basin with I'
2"a, and 3'a order channels that transport sediment directly to the South Fork Cache is Poiidre
River. Elucidating the mechanisms and controls on post -fire sediment delivery will increase
understanding of i) upstream contributing areas required to initiate erosional channel heads; ii)
sediment transport distances for different magnitude and duration flows, iii) thresholds for
propagation of in -channel headcuts, iv) aggradation and degradation within different sizes of