AGREEMENT BETWEEN the COMPANY NAME
and the BOARD OF REGENTS of the NEVADA SYSTEM OF HIGHER EDUCATION on
behalf of the DESERT RESEARCH INSTITUTE
This contract made and entered into as of _____ day of January, 2009 by and between
COMPANY NAME (hereafter called "SPONSOR"), and the Board of Regents of the Nevada
System of Higher Education on behalf of the Desert Research Institute, (hereinafter called
"DRI"), a non-profit institute organized and existing under the laws of the State of Nevada.
WITNESSETH THAT:
WHEREAS, DRI is willing and able to make facilities and qualified personnel available to
conduct the desired research;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. STATEMENT OF WORK
DRI, for a period from January 1, 2009 to June 30, 2009, shall perform the duties/tasks in
accordance with the DRI proposal dated December 30, 2008, a copy of which is attached and by
reference made part of this agreement as Exhibit “A”.
II. CONSIDERATION AND PAYMENT
This procurement is to be considered a cost reimbursement contract for a total estimated cost of
Fifteen Thousand Four Hundred Sixty-Four Dollars ($15,464.00). Costs are to be established as
outlined in the attached DRI cost proposal.
DRI agrees to use reasonable efforts to perform the research herein and all obligations under this
contract within the total estimated cost. SPONSOR shall not be obligated to reimburse DRI in
excess of the contract price, unless and until SPONSOR has notified DRI, in writing, that such
contract price has been increased and this contract amended to provide for such an increase.
DRI shall invoice SPONSOR on a monthly basis in the format contained in the DRI Cost
Proposal. Payment is to be made by SPONSOR to DRI no later than 30 days after receipt of
invoice.
III. TITLE TO PROPERTY
If equipment not already owned by DRI and available for this research shall be required, such
additional equipment, with the approval of the SPONSOR, shall be built or purchased by DRI
and the cost thereof shall be reimbursed by SPONSOR under this contract. DRI shall retain title
to all property purchased under this agreement.
IV. PATENTS
1
The parties agree that DRI will own all right, title and interest in and to any patent, trade secret
or other proprietary rights that develops out of or as a result of the research called for in this
agreement. DRI agrees to grant SPONSOR a perpetual, non-exclusive, royalty-free license to
use throughout the world such patent, trade secret and proprietary rights.
V. RELATIONSHIP OF PARTIES
It is agreed and understood that DRI is acting as an independent contractor in the performance of
any and all work thereunder and, as such, has control over the performance on such work.
VI. INSURANCE
The Board of Regents of the Nevada System of Higher Education is self-insured in accordance
with the limitations of NRS 41.0305 to NRS 41.039. DRI shall maintain self insurance with
limits of liability as set forth in NRS 41.0305 to 41.039, and Workers’ Compensation coverage
as required by Nevada State Law, during the term as defined in this agreement.
VII. PROJECT MONITORSHIP
The project will be monitored by Dr. Jim Thomas, project manager.
VIII. PUBLICATIONS
It is understood that the major purpose of the work performed by DRI is to obtain information
that may be made available to the public and industry through publications, conferences or other
means of public disclosure. Any announcement or publication of work under this agreement by
DRI shall be reviewed by SPONSOR and shall recognize and give credit in the text and on the
title pages to the sponsorship by the SPONSOR.
IX. LAWS
This Agreement shall be construed in accordance with and governed by the laws of the State of
Nevada.
IX. REPORTS/DELIVERABLES
Final results will be provided by the end of the project.
(Remainder of page intentionally left blank.)
2
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed intending
to be legally bound thereby, as of the year and day first herein above mentioned.
COMPANY NAME
By:
Title:
Address:
Date:
THE BOARD OF REGENTS OF THE NEVADA SYSTEM OF HIGHER EDUCATION on
behalf of the DESERT RESEARCH INSTITUTE
By:
Jenny Frayer
Title: Director of Sponsored Projects
Address: 2215 Raggio Parkway, Reno, NV 89512-1095
Date:
3
EXHIBIT A
Desert Research Institute Scope of Work for Dry Valley Chloride Mass Balance Revised
Recharge Estimates
James Thomas
Desert Research Institute
December 30, 2008
Overview:
As part of the Technical Working Group for the SPONSOR Water Project in Bedell Flat and Dry
Valley, Nevada the Desert Research Institute (DRI) has been tasked with revising the Dry Valley
chloride mass balance recharge estimates presented in DRI publication No. 41191. The title of
this publication is “Estimated Groundwater Recharge to Dry Valley, Northwestern Nevada,
using the chloride mass balance method” and the authors are James Thomas and William
Albright.
Washoe County Responsibilities:
Updating the original recharge estimates be a collaborative effort with Washoe County and the
Technical Working Group. Washoe County personnel will provide new precipitation estimates
for their 12 precipitation sites in Dry Valley, collect new water chemistry data for springs in the
recharge areas of Dry Valley, and provide other information as needed to update the original
chloride mass balance recharge estimates.
DRI responsibilities:
DRI will lead the effort in developing updated chloride mass balance recharge estimates that
incorporate new precipitation, water chemistry, and water isotopic data collected since the
original DRI publication in December, 2003. As stated in the previous paragraph the water
chemistry and stable isotope data will be collected by Washoe County and analyzed by DRI as
part of this updating effort. DRI personnel will be responsible for producing a new precipitation
map of Dry Valley using the Washoe County precipitation network data (normalized to longer
nearby records) and the most recent PRISM precipitation map to help in contouring the
precipitation data. From this new precipitation contour map, DRI will calculate total
precipitation for recharge areas of Dry Valley. DRI will analyze the filtered water samples for
chloride concentration and for stable isotopes (deuterium and oxygen-18). The new precipitation
values will be used with chloride data (both new and previous chloride data) to calculate a new
range for the chloride mass balance recharge estimate for Dry Valley.
Other considerations:
Stream flow rates and chloride concentration data will be collected in locations near the
consolidated rock-alluvial valley fill boundary where any surface water flows off of recharge
areas.
DRI Cost Proposal
Title: Update Dry Valley Recharge Estimate
Client: Intermountain Water Supply Ltd.
Project Period: January 1, 2009 to June 30, 2009______________________
Rate
SALARIES
Thomas, Jim
Minor, Tim
Units
Amount
200.56
155.28
20
20
4,011
3,106
0
7,117
17.41
169.68
84.50
16.90
70
0
70
70
1,218
0
5,915
1,183
30
8,347
TOTAL SALARIES
OTHER COSTS
Lab Analyses:
Chloride
Suite
Deuterium and Oxygen-18
filters for sampling
Xerox, printing, misc. expenses
TOTAL OTHER COSTS
TOTAL COSTS
15,464