1. This agreement describes the responsibilities of the Education and Research Consortium of the Western Carolinas (ERC) and [                ] for the purposes of conducting a project funded through the Library of Congress (LOC) from LOC – Adventure of the American Mind funds. [                ] is a sub-grantee to the ERC for the purpose of this funded project. Both the ERC and [                ] agree to work together toward this project’s mutual success.
   
2. The purpose of the Adventure of the American Mind Project, as described in the GRANT AGREEMENT #00G-LIB-ND001 ADMENDMENT 2003-02 (see Appendix B) is to, “combine the teacher training experience of participating educational institutions in Western Carolina, Arizona, Illinois, and Northern Virginia with the experience of the Library of Congress for the mutual benefit of all parties and for the benefit of the local school communities.” Along with the Grant’s continuing objectives to, “Train in-service and pre-service classroom teachers and college teacher education faculty to access, use and produce curriculum utilizing the Internet and the digitized primary source materials from the collections of the Library of Congress.” And to, “Demonstrate and evaluate a training program exportable to other communities at minimal costs.” [                ] will work with public and private K-12 schools to develop a student-based curriculum which integrates the LOC American Memory digitized resources into learning and problem solving skills needed for the 21st century, and with the ERC to create a climate where using technology and the online resources of the Library of Congress is a self-perpetuating tradition.

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Period of Performance

The effective period of this agreement shall commence on October 1, 2003 and terminate on September 30, 2004, unless extended by the mutual written agreement of the parties.

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Responsibilities

AAM Director at [                ] is named to be:

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Summary

The specific purpose of [                ]'s participation in the Adventure of the American Mind Project, as described in the GRANT AGREEMENT #00G-LIB-ND001 is to address the following objectives:

1. To demonstrate a pilot program building on the lessons learned and success of the Library of Congress American Memory Fellows Program.
   
2. Develop and present workshops, seminars or semester long courses for undergraduate/ graduate students and in-service K-12 Teachers on incorporating digitized primary source materials into the K-12 classroom. The workshop, seminar or course will focus on the nature of primary sources and classroom applications for digital technology, and will provide students both hands-on experience using the historical texts, photographs, motion pictures, maps and sound recordings from the Library of Congress American Memory digital collections.
   
3. Collaborate with the ERC in the design and evaluation of course materials. ACPS will submit to the ERC copies of all course materials, course evaluations, and final student multi-media projects. The ERC working with the participating educational institutions shall (i) cause the curricula/lesson plans developed by the educational institutions to be reviewed and cataloged; (ii) develop a process to select, test and modify model curriculum/lesson plans on various topics and grade levels; and (iii) publish such curricula/lesson plans with an index on the AAM web site for use by other educational institutions.
   
4. Teachers will teach the units they have developed and for teachers in the semester-long course will become mentors in their schools to assist other teachers in accessing the resources of the National Digital Library and in developing their own material. Each of the participating educational institutions will provide these teachers with support through online communications and onsite technology and curriculum development assistance.
   
5. The ERC and/or sub grantees will develop and use formal plans for selecting institutions and individuals to participate in the program. The intent of these plans will be to provide for a diverse base of participating schools and individuals, and an equitable method of selecting participants. The ERC retains final authority to select institutions and individuals for participation in the program.
   
6. Demonstrate and evaluate a training program exportable to other communities at minimal cost.
   
7. Sponsor follow-up meetings and workshops with K-12 educators who have successfully completed the workshop, seminar or semester log course to provide the opportunity to share experiences, mentor new teachers, and prepare additional lesson plans. These workshops will cover such subjects as the use of FrontPage, Excel, PowerPoint and other software programs; developing lesson plans based on learning styles and the use of LOC digital materials. When feasible, these lessons should be offered online.
   
8. [                ] agrees to provide the ERC with two progress reports each year that contain information concerning the status of the project, progress made since the previous report, and problems encountered. It is understood that this report is to be drafted by the AAM site director with additional reports by college participants as needed. Expenditures and budgets will be communicated quarterly between the ERC and the AAM site director.
   
9. [                ] understands that the release of funds by the ERC will occur upon request of the college or university and according to predetermined budget amounts. This project is based on projections and may be altered by the ERC AAM Program Director as required by the ERC.
   
10. Works produced by Library employees in connection with this Agreement are U.S. Government works, and, in accordance with 17 U.S.C. 105, are not subject to copyright protection. For works produced by the ERC, participating institutions, and/or educators in connection with this Agreement, the ERC grants the Library of Congress a nonexclusive, royalty-free and irrevocable right to reproduce, publish or otherwise use the works for Federal purposes, and to authorize others to do so.
    
11. [                ] agrees to appropriately spend funds according to the amounts in each account provided. In order to transfer funds between budget categories or line items, written approval must be obtained from the ERC as outlined in ‘Transferring Budget Line Items’ (see Appendix C).
    
12. [                ] will cooperate with the ERC and its contractors to evaluate the performance of this program in accordance with the original GRANT AGREEMENT #00G-LIB-ND001 and AMENDMENT #2003-02.

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Education and Research Consortium Responsibilities

1. The ERC AAM Program Director is named to be:
   
   Christopher Dennen, Ph.D.
   22 Pack Square, Ste. 401
   PO Box 7666
   Asheville, NC 28802
   828-281-1954
   
   
2. The ERC agrees to reimburse [                ] monthly according to submitted documentation that will include monthly expenditure reports, back-up documentation, and appropriate authorizing signatures as necessary. [                ] accepts responsibility for;
   
• Maintaining supporting documentation that includes, but is not limited to: original receipts, invoices, expense reports, time and effort reports for hourly employees, and three competitive price quotes for any item exceeding $500 (five hundred dollars) for a period of three years from the date of submission of the final reimbursement request.
  
• Cooperating with the Library of Congress, Federal Government auditors or any auditors contracted by the ERC.
  
• Following the operating requirements as set out in the AAM Program Operating Procedures and understanding that reimbursement may be held by the ERC until satisfactory documentation is received.
  
• Conforming to Federal regulations which apply to this project including, but not limited to, Federal Office of Management & Budget Circulars A-110 and A-122.
  
• Following directives regarding expenditures from the LOC. If the Library of Congress, or any office within the Library of Congress such as the General Counsel’s Office or Office of the Inspector General, disallows an expenditure made by [                ] during the performance of AAM program activities and directs the institution to reimburse the ERC for those expenditures; [                ] agrees to reimburse the ERC. This directive in an LOC requirement and out of the scope of the ERC’s control.
  
3. The ERC agrees to provide a bi-annual report format.

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Key Personnel

The personnel listed below are considered to be essential to the work being performed under this Agreement. Prior to reassigning any of these individuals to other projects or programs, reducing the level of their participation, or allowing the project to continue without them, the participating College or University will provide the ERC with reasonable advance notice and will submit justification (including proposed personnel substitution) in sufficient detail to permit evaluation of the impact to the project. Changes in key personnel may only be made with written approval of the ERC. The following personnel are considered key:

1. AAM Site Director

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Technology Support

The success of the project and the effective pedagogical use of the project material and equipment by the participants is dependant upon the availability of timely, correct and understandable technical support and instruction. To this end, the project will fund as part of this grant, a tech support position in support of the project at [                ]. It is understood and agreed that this position will be used to support the project needs and objectives. Wherever possible, the tech support position will be housed with the other project staff to insure availability to the project on an immediate as needed basis.

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Termination

1. If the ERC’s funding should be terminated during the performance of this agreement, or should the funding for support be deleted or reduced, the ERC may with written notice to [                ] terminate this agreement upon reasonable notice consistent with the termination of the project funded through the Library of Congress (LOC).
   
2. Either party may terminate this agreement at any time, for any reason other than stated, upon no less than thirty-day (30) notice in writing to the other party by Certified Mail, Return Receipt Requested.

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Reserved Right of Use for ERC Funded Facilities

If [                ] has or is budgeted to receive grant funds through the ERC for the purpose of constructing an Information Technology Center on the [                ] campus. The parties agree that the use of these funds for the purpose of the construction or renovation of such facilities obligates [                ] to allow usage of the facilities as set out herein or as otherwise required by applicable federal law.

1. 1. For as long as the ERC continues in existence, these facilities will be available for purposes that are consistent with the goals and objectives of this grant.
   
2. 2. During the grant period and thereafter, the facilities will be made available for federal purposes, as federal agencies and/or grantee organizations may from time to time request.

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Intellectual Property

Per the section D.11 of the original Grant Agreement, the sub-grantee agrees that the ERC has a nonexclusive, royalty-free and irrevocable right to reproduce, publish or otherwise use works produced by , participating institutions, and/or educators in connection with this agreement and my authorize others to do so. Therefore, the AAM site director is obligated to obtain a signed non-disclosure release from participants and to provide the ERC with a form containing at least the following:

1. Participants name, address and home phone number
2. Contact information for the participant’s employer (school)
3. Permission to the ERC granting the same non-exclusive right described above concerning participants course work during their involvement in this program

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Amendments

Amendments to this agreement may only be made in writing signed by [Partner Director], the colleges appropriate contracting authority (if any), and the ERC. This agreement and the attached appendices A-C embody the entire understanding and undertaking of the parties, and no amendment to the contract shall be valid unless in writing signed by [                ] and the ERC.

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Certification Regarding Nondiscrimination Statutes and Implementing Regulations.

[                ] will comply with the following nondiscrimination statutes and their implementing regulations.

1. Title VI of the Civil Rights Act of 1964 (42 U.S.C § 2000d et seq.) which provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance;
   
2. Section 504 of the Rehabilitation act of 1970, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance;
   
3. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and
   
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for the normal operation or achievement of any statutory objective of the project or activity shall not violate this statute.
   

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
   
2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transactional violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;
   
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
   
4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default.

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibitions;
   
2. Establishing an ongoing drug-free awareness program to inform employees about;
   
   1. The dangers of drug abuse in the workplace;
      
   2. The [                ] and sub-awardees’ policy of maintaining a drug-free workplace;
      
   3. Any available drug counseling, rehabilitation, and employee assistance programs; and
      
   4. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace.
      
3. Making it a requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a copy of the statement required by paragraph 4(a);
   
4. Notifying the employee in the statement required by paragraph 4(a) that, as a condition of employment under the grant or cooperative agreement, the employee will:
   
   1. Abide by the terms of the statement; and
      
   2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace not later than five calendar days after such conviction;
      
5. Notifying the ERC in writing within ten calendar days after receiving notice under subparagraph 4(d)(2) from an employee or otherwise receiving actual notice of such conviction.
   
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(d)(2), with respect to any employee who is so convicted:
   
   1. Taking appropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
      
   2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency;
      
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

1. No federal appropriated funds have been paid or will be paid, by or on behalf of [                ] to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connections with the awarding of a federal contract, the making of a federal grant, the making of a federal loan, the entering into of a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement.
   
2. If any funds other than federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of congress in connection with this federal contract, grant, loan, or cooperative agreement, Governors State will complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.
   
3. [                ] will require that the language of this certification be included in the award documents for all sub-awards at all times (including sub contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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