Research Building 1311 Hotel Space Service Level Agreement

This Service Level Agreement (“Agreement”) is entered into by and between the Office of Research and Innovation and the Virginia Tech employee making the request (“User”). It describes, at a high level, the scope of the services provided to the User, and the limitations of same.  The Office of Research and Innovation hereby charges the Office of Export and Secure Research Compliance (“OESRC”) with the day-to-day operation of Research Building 1311, a facility located at 1311 Research Center Drive, Blacksburg, VA 24060 (“RB1311”), and administering all necessary services in accordance with this Agreement.  The Office of Research and Innovation either independently or through OESRC provides all services in good faith to the Virginia Tech community with the goal of lowering administrative burden on departments to comply with laws and regulations for controlled unclassified and classified research.

The parties hereby agree as follows:

I.    DESCRIPTION OF SERVICES AND PREMISES

The Office of Research and Innovation and the Office of Export and Secure Research Compliance will provide the following program services (“Services”) and research office and cubicle space (“Premises”) to User in accordance with the following Terms and Conditions of this Agreement:

1.    Authorize User the use of office and cubicle space located in RB1311, Suite 2057 (hereby designated as the “CUI Hotel” space) at the quantity of offices designated in the online request form.  Authorization also grants access to all building common areas, including shared conference rooms located in suites 1032 and 2020. The shared conference rooms are subject to availability and therefore must be scheduled in advance with OESRC to prevent any conflicts with other tenants. Requests for conference rooms may be sent to 1311help-g@vt.edu. 

2.    Services provided will either complement or supplement requirements of User’s technology control plan(s) (“TCP”) established in accordance with OESRC policies and procedures. 

II.    POINTS OF CONTACTS

III.    TERMS AND CONDITIONS

1.    General

1.1    Services provided by the Office of Research and Innovation and OESRC shall be in compliance with and subject to any and all US Government policies, procedures, laws, regulations, and approvals.

1.2    User personnel shall faithfully and fully comply with all Office of Research and Innovation/OESRC instructions, security policies, procedures, and regulations when present in RB1311.  Failure to comply with such instructions, policies, procedures, and regulations will be a material violation of this Agreement and could result in removal of access.

2.    Term

        The Term of this Agreement shall commence as of the Start Date listed on the online request to OESRC.   The Agreement shall continue in full force and effect until the Termination Date listed on the online request to OESRC, unless earlier terminated in accordance with Section III Part 6 (Termination).  The minimum term must be at least three (3) months, based on 30-day months for rate calculation purposes.

3.    Responsibilities of User

3.1    Information systems, information technology, equipment, furniture, or any other tangible items (“Tangible Items”) procured for RB1311 will be owned by the party that purchased said Tangible Items.  Upon completion or termination of this Agreement, the Parties shall coordinate on all disposition of Tangible Items. Other than existing “as is” and “where is” furnishings within RB1311 provided by the Office of Research and Innovation, User shall supply any additional Tangible Items they deem necessary. Any Tangible Items must comply with requirements of applicable TCP requirements for physical and information security.

3.2    Provide any requests for building maintenance to the Office of Research and Innovation/OESRC (1311help-g@vt.edu).

3.3    Reimburse the Office of Research and Innovation/OESRC for any charges directly attributable to User requests, including but not limited to modifications to Premises, replacing key locks, and ordering additional keys.         

4.    Responsibilities of The Office of Research and Innovation and Office of Export and Secure Research Compliance

4.1    Enforce security procedures in accordance with the terms and conditions of this Agreement.

4.2    Grant and manage physical access to approved areas within RB1311.

4.3    Provide direct support to Information Systems (“IS”) in Premises to ensure IS are operational and meet security requirements for processing information at the appropriate classification levels.  Upon mutual agreement of the parties and documented in writing, User could assume IS direct support for system administration with OESRC maintaining auditing responsibilities.

4.4    OESRC shall provide access to shared IS resources within the Premises for authorized personnel on an as-available basis. 

4.5    Monitor the activities of User personnel accessing physical locations and/or IS to verify compliance with security policies and procedures.

4.6    Coordinate with the User on all IS disposition or disposal for User-owned or purchased equipment as required by the TCP(s).

4.7    Submit to property manager any requests for building maintenance or modifications to User-assigned locations within RB1311. OESRC shall consult User prior to accepting maintenance or modifications as complete, and then OESRC shall confirm acceptance with property manager.  

4.8    Other services as deemed appropriate in mutual agreement between User and the Office of Research and Innovation/OESRC as documented in writing.

4.9    OESRC shall coordinate approval with appropriate department or college points of contact managing the fund number cited on the online request form that will be used to transfer funds to the Office of Research and Innovation in accordance with Section III Part 5.

5.   Service Fee

5.1    User shall pay the Office of Research and Innovation at time of online request approval the amount listed on the electronic submission which is equal to a THREE HUNDRED FIFTY and 00/100 DOLLARS ($350.00) monthly rate (“Service Fee”) per assigned office for the Term.   

i.    Payment shall be made as follows:

a.    Funds transfer to the following the Office of Research and Innovation Banner organization, fund and account codes:             

Organization:     016000 – Research Administration

Fund:                    235625 - RB1311 Program Rent Recovery

Account:              1200 – Misc Contractual Services Bgt

5.2    The Service Fee is based on a budgeted recovery rate for the entire CUI Hotel space. This includes User’s proportionate share of the building’s operating expenses such as custodial, building and grounds maintenance, utilities, infrastructure cost recovery, insurance, debt service and other miscellaneous facility costs not attributable to specific requests made by User as defined by Section III.

5.3    At least annually, he Office of Research and Innovation will review the historical costs associated with Premises, and make adjustments if necessary, to ensure that the Service Fee reflects actual costs incurred by the office to operate and maintain the Premises. Any increase or decrease in the actual cost covered by the Service Fee will be reflected in future payments.

5.4    Service Fees are non-refundable in the event User vacates Premises prior to Termination Date or the Office of Research and Innovation/OESRC terminate this Agreement in accordance with Section III Part 6.

6.    Termination

                The Office of Research and Innovation/OESRC reserves the right to terminate this Agreement by providing thirty (30) days written notice if User’s actual use of the assigned Premises is not consistent with the nature and description of research that was originally intended and documented within applicable TCPs.

7.    Reporting and Remediation of Security Matters

        User shall report to OESRC all pertinent details concerning actual or potential security incidents, infractions and violations related to the User personnel immediately upon discovery.  OESRC shall report security violations, including cyber security breaches, to any and all required sponsors, including prime contractors or the government.  For any such occurrences, investigations and reporting shall be coordinated with the User. OESRC will provide a final report and recommended corrective measures to the User, sponsors, and/or U.S. Government in accordance with security regulations and reporting requirements. Both parties shall cooperate fully and promptly in resolution of any such security matters.  Any remediation and corrective measures to prevent, mitigate, or resolve such occurrences shall be coordinated between the parties. The Office of Research and Innovation/OESRC reserves the right to deny access to or impose specific restrictions or prohibitions upon any User personnel who have been deemed, through the process described in this section, to be a security risk to Virginia Tech, sponsors, and/ or the U.S. Government. 

8.    Assignment

        This Agreement is specific to the parties defined herein, and neither party may assign this Agreement without the written consent of the other party, which will not be unreasonably withheld. 

9.    Applicable Law

        The validity and interpretation of this Agreement and the legal relationship of the parties to it shall be governed by the laws of the Commonwealth of Virginia, without giving effect to principles of conflict of law.

10.    Space Re-Evaluation

10.1    Occupants of the RB 1311 spaces are expected to maintain externally-funded restricted research programs.  

10.2    The Office of Research and Innovation will consider space utilization and productivity measurements in re-evaluating space allocation.

10.3    The Office of Research and Innovation and OESRC reserves the right to relocate User to a comparable location as deemed appropriate to accommodate onboarding of other users.  If such relocation reduces the number of assigned offices, the Rent shall adjust accordingly and pro-rated for the effective date.  Such events shall be documented in writing and provided to the User.

11.    Vacating the Premises

11.1    In anticipation of User departures or relocation, appropriate disposal or reassignment of supplies and/or equipment is the responsibility of the User and in compliance with requirements of applicable TCP(s).

i.    The User will be responsible for any repairs to equipment, over and above ordinary maintenance, as well as unusual damage to the Premises requiring repair.            

ii.    In the event that the User has not adequately fulfilled this obligation, the User or their Department will be billed to recover the costs of reallocation of supplies and equipment.

11.2    The User is responsible to complete all necessary steps to close project specific TCP(s) associated with project(s) that authorized use of the space.

11.3    The User must return all keys and/or access to OESRC prior to the space being vacated.

11.4    Unless otherwise authorized as part of the TCP closeout, no equipment or research materials will be stored in RB 1311 after the User has vacated.