APPENDIX F

GRANT TERMS AND CONDITIONS

1. Definitions

(GENERAL)

As used throughout this Grant document the following terms shall have the meaning set forth below:

a. The term "Secretary" means the Secretary of Health, Education, and Welfare.

b. The term "Commissioner" means the U.S. Commissioner of Education.

c. The term "Grantee" means the institution, organization or individual named in the Grant document as the recipient of the Grant award.

d. The term "Grants Officer" means the employee of the U.S. Office of Education who has been delegated authority to execute this Grant document on behalf of the Government.

e. The term "Project Director" means the person who is responsible for supervising the work for the Grantee to assure that the terms and conditions of the Grant are carried out.

f. The term "Principal Investigator" means the employee of the Grantee who is responsible for the direct supervision of the work (technical only if appropriate) and who will participate in the conduct of the work regardless of whether he is to receive any compensation from the Grant funds.

2. Scope of the work

The work and/or services which the Grantee shall perform as a condition of receiving this Grant shall be consistent with those outlined in the proposal approved for support by the Commissioner and performed in accordance with the "Terms and Conditions" attached to the Grant document and expressly made a part of the Grant agree

ment.

3. Limitations on Costs

a. The total cost to the Government for the performance of this Grant will not exceed the amount set forth in the Grant award. If any time the Grantee has reason to believe that the total cost to the Government for the performance of this Grant will be greater or less

at

than estimated the Grantee shall notify the Grants Officer in writing to that effect and submit a revised estimate of the total cost for the performance of such work.

b. The Government shall not be obligated to reimburse the Grantee for costs incurred in excess of the awarded amount and the Grantee is not obligated to continue performance under the Grant or incur costs in excess of such estimated costs unless or until notified by the Grants Officer in writing that such estimated costs have been increased and shall specify the new revised estimated cost. When and to the extent that the estimated cost set forth in this Grant has been increased any cost incurred by the Grantee in excess of such estimated cost prior to the increase in estimated cost shall be allowable to the same extent as if such costs had been incurred after such increases in estimated cost.

4. Reports

a. The Grantee shall submit to the Grants Officer such progress reports as requested.

b. The Grantee shall submit to the Grants Officer a report of expenditures at intervals requested by the Grants Officer. A final report of expenditures under the Grant must be submitted within 120 days after the termination date of the Grant.

5. Release of Materials to the Public Domain

a. The term "materials" as used herein means writings, sound recordings, films and other pictorial reproductions, drawings or other graphical representations, computer programs and work of any similar nature produced or specified to be delivered under this Grant. b. Such materials will be placed in the public domain as expeditiously as possible. The Grantee agrees not to establish any claim to statutory copyright or to assert any right at common law or equity in the materials. This paragraph is not in any way to be construed as restricting the rights of the Grantee or its employees to use and/or publish the results of its work.

c. To the extent the Grantee has the right and permission to do so, it may grant to the Government a royalty-free, nonexclusive, and irrevocable license to use in any manner material not first produced in the performance of this Grant but which is incorporated in the materials. The Grantee shall advise the Grants Officer of any material known to it not to be so licensed under this condition.

6. Patent Rights

a. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived or for the first time actually or constructively reduced to practice, by the Grantee or its employees, in the course of, in connection with, or under the terms of this Grant the Granteee shall immediately give the Grants Officer written notice

thereof, and shall promptly thereafter furnish the Grants Officer with complete information thereon; and the U.S. Office of Education shall have the sole and exclusive power to determine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, improvement, or discovery, including title to and rights under any patent application or patent that may issue thereon. The determination of the Grants Officer on all these matters shall be accepted as final and the provisions of the condition of this Grant entitled "Disputes" shall not apply; and the Grantee agrees that it will, and warrants that all of its employees who may be inventors will execute all documents and do all things necessary or proper to the effectuation of such determination.

b. Except as otherwise authorized in writing by the Grants Officer the Grantee shall obtain patent agreements to effectuate the provisions of this condition from all persons who perform any part of the work under this Grant, except such clerical and manual labor personnel as will have no access to technical data.

c. Except as otherwise authorized in writing by the Grants Officer the Grantee will insert in each subcontract, having experimental, developmental, or research work as one of its purposes, provisions making this condition applicable to the subcontractor and its employees.

d. In the event the Grantee files a patent application on any invention described in paragraph (a) hereof, the patent application shall include the following statement in the first paragraph of the specification and in any patent issued thereon:

The invention described herein was made in the course of or under a Grant from the Department of Health, Education, and Welfare, Office of Education.

7. Civil Rights

Grants made pursuant to the regulations set forth below are subject to the regulations in 45 CFR, part 80, issued by the Secretary of Health, Education, and Welfare and approved by the President to effectuate the provisions of section 601 of the Civil Rights Act of 1964 (Public Law 88–352).

8. Labor Standards

To the extent that Grant funds will be used for construction, alteration and repair, the Grantee agrees to furnish the Grants Officer the following:

A description of the construction, alteration or repair work; The proposed advertising and bid opening dates for the work; The city, county, and State at which the work will be performed; The name and address of the person to whom the necessary wage determination and labor standards provisions are to be sent for inclusion in construction contracts and subcontracts,

not later than six weeks prior to the advertisement for bids for the construction, alternation or repair work to be performed. The grantee, also, agrees to include or have included in all such construction, alteration or repair contracts and subcontracts for construction, the cumulative costs of which will exceed $2,000 the wage determination and labor standards provisions that are provided and required by the Secretary of Labor.

The Grantee agrees to comply with and to provide for contractor and subcontractor compliance with the requirements of Executive Order 11246 as implemented by the Federal Regulations appearing in 41 CFR, part 60, and 45 CFR, part 80. Executive Order 11246 will be included in any contract for construction work or modification thereof including but not limited to the insertion in advertised specification and contract documents of the provisions appearing in HEW Form 386 (Rev. 5-66) attached hereto and made a part thereof.

9. Disputes

a. Except as otherwise provided in this Grant, any dispute concerning a question of fact arising under this Grant shall be decided by the Grants Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Grantee. The decision of the Grants Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, the Grantee mails or otherwise furnishes to the Grants Officer a written appeal addressed to the Secretary. The decision of the Secretary, or his duly authorized representative for the determination of such appeals, shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this condition, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall proceed diligently with the performance of the work and in accordance with the Grants Officer's decision.

b. This "Disputes" condition does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, that nothing in this Grant shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

10. Revocation

Grants may be revoked in whole or in part from time to time by the Grants Officer. Revocation will be effective on the date of receipt of notification from the Grants Officer. Financial obligations incurred by the Grantee prior to the effective date of the revocation will be

allowable to the extent they would have been allowable had the Grant not been revoked. The Grantee agrees to furnish the Grants Officer an itemized accounting of funds expended, obligated and remaining under the Grant within 120 days of the effective date of revocation. The Grantee, also, agrees to remit the amounts found due, and requested by the Grants Officer in writing, within 30 days of the receipt of such request following the submission of the Grantee's accounting or, if no accounting be furnished within 30 days from the effective date of revocation, within 30 days from the date of receipt of the Grants Officer's request. Should the Grantee make request for review pursuant to the condition on disputes, it must do so in writing within the time limit provided for the return of funds. The Grantee shall notify the Grants Officer in writing whenever it has reason to believe revocation would be appropriate, setting out the reasons therefor in detail.

11. Publications and Presentations

Any publication or presentation resulting from or primarily related to the work and/or services being performed hereunder shall contain the following acknowledgment:

The work presented or reported herein was performed pursuant to a Grant from the U.S. Office of Education, Department of Health, Education, and Welfare.

12. Grantee Contribution Records

In the case of research grants or other grants requiring Grantee contributions, the Grantee institution shall maintain records to demonstrate a total actual contribution by the Grantee institution of an amount which is not less, in proportion to the actual charges against the Grant, than the total amount proposed in the application, or any subsequent revision thereof approved by the agency. The amount of the Grantee institution's contribution will be subject to audit. 13. Records Management Procedures

a. Custody of Funds

Each project proposal shall designate the officer who will receive and have custody of project funds.

b. Fiscal Procedures

Each Grantee receiving Federal funds for an approved project shall provide for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of, and accounting for, the Federal funds paid to it. Accounts and supporting documents relating to project expenditures shall be adequate to permit an accurate and expeditious audit.

c. Questioned Expenditures

The records pertaining to any claim or expenditures under a Grant