Viviyac Curriculum
SAMPLE AGREEMENT:
This Agreement is for informational purposes only.
COMMUNITY COLLEGE AGREEMENT
AGREEMENT by and between «District_Name» (the "College"), located in «District_City», «District_State» and PROJECT LEAD THE WAY, INC., a New York not-for-profit corporation having an address at 747 Pierce Road, Clifton Park, New York 12065 ("PLTW, INC." and, collectively with the College, the "parties").
WITNESSETH:
WHEREAS, PLTW, INC. has established and
is supporting a working relationship among middle
and high schools, colleges and universities, and
the private sector to provide quality pre-engineering
and technology curriculum; and
WHEREAS, PLTW, INC. seeks to establish
and support a working relationship with community
colleges to provide coursework in pre-engineering
and technology, utilizing the PLTW curriculum
(the "PLTW Associates Program"); and
WHEREAS, the College desires to implement
the PLTW Associates Program; and
WHEREAS, the parties desire to work together
and with others through PLTW to maximize the benefit
of the PLTW Associates Program to students by
maintaining the quality standards and practices
of the PLTW Associates Program.
NOW, THEREFORE, the parties agree as follows:
1. College Application.
The College has submitted an application to PLTW,
INC. dated «Date_Submitted» in conjunction
with its desire to implement the PLTW Associates
Program. The College represents that the information
contained in the application remains accurate as
of the date of this Agreement.
2. PLTW Associates
Program.
A. Required Course Offerings.
The PLTW Associates Program shall consist of a minimum
of five (5) courses, each worth three (3) credit(s). The
College agrees that if it elects to implement the
PLTW Associates Program, it shall offer its students
the entire PLTW Associates Program within a period
of two (2) academic years from the date that it
commences the PLTW Associates Program. The
College may offer more than five PLTW courses at
their discretion.
B. Concurrent Student Course Requirements. The
College agrees that a student's concurrent enrollment in a college
mathematics course shall be a prerequisite for a student's enrollment
in any PLTW Associates Program course. The College agrees
to use its best efforts to ensure that students participating in
the PLTW Associates Program will, at a minimum, be capable of meeting
a two-year college mathematics requirement by the end of their completion
of the PLTW Associates Program . Within this format, the College
agrees to follow the PLTW curriculum and to meet PLTW quality standards
and practices.
3. Participation
Fee.
The College will be assessed an annual fee of $2,500
for its participation in the PLTW program, which
shall be due and payable by August 1 of each year
this agreement is in effect. As a participant,
the College will receive the curricula, annual updates
to the curricula and the PLTW Purchasing Manual,
and College faculty will have access to the PLTW
Virtual Academy for ongoing professional development
and to technical assistance for program implementation.
4. Use of Designated
Software
The College agrees to use the PLTW designated software,
including the appropriate version, exclusively in
teaching all PLTW Associates Program courses If
the College has existing license agreements for
the designated software, it may access the designated
software in accordance with these existing agreements. If
the College does not have an existing license agreement
for designated software, then it agrees to purchase
its rights to use the designated software from PLTW,
INC., to the extent allowable under PLTW, INC.'s
agreements with the software vendors.
5. Model PLTW Associates
Program.
The College agrees that its PLTW Associates Program
will serve as a PLTW Associates Program model for
other colleges. The College will make its
PLTW Associates Program available for observation
and inspection by other colleges and will exchange
information concerning the PLTW Associates Program
with other colleges, whether or not such colleges
have currently implemented the PLTW Associates Program.
6. Strict Adherence
to the PLTW Associates Program Guidelines.
The College agrees to implement the PLTW Associates
Program courses according to guidelines established
by PLTW, INC., which shall include, but not be limited
to, guidelines governing the implementation of the
PLTW Associates Program. PLTW guidelines may
be modified from time to time by PLTW, INC. (and
only by PLTW, INC.) in its reasonable discretion. The
College may exceed the minimum instructional requirements
of the PLTW Associates Program in order to enhance
the PLTW Associates Program. The College agrees
that no other program, activity or student internships
will interfere, substitute for or reduce student
contact time in connection with the PLTW Associates
Program. In the event that the College does
not implement the PLTW Associates Program courses
for the fall semester of the academic year immediately
following the date of this agreement, then the College
must notify the PLTW Director of Operations within
ten (10) days of the commencement of the academic
year to determine a new implementation schedule
which is agreeable to PLTW, INC. In the event
that a new implementation schedule cannot be agreed
upon by PLTW, INC. and the College, then this agreement
shall be immediately terminated.
7. PLTW Faculty
and Counselor Development.
A. Training. The
faculty development for the PLTW Associates
Program shall consist of three phases: (i) Phase
I: Assessment and Readiness Training, (ii)
Phase II: Core Training, and (iii) Phase III: Ongoing
Training. The purpose of the faculty development
will be to learn the advanced technology and pedagogical
skills needed to teach the PLTW Associates Program
curriculum. The extent of such training, determined
from time to time by PLTW, INC., is further described
in paragraph E in this Section.
B. Selection of Teachers. The
College will identify professors from College for
participation in the PLTW faculty development. The
professor being recommended for training must be
identified by the date required under the guidelines
published by PLTW, INC. governing the implementation
of PLTW. PLTW, INC. reserves the right to
accept or reject any training candidate. Teachers
instructing a PLTW course, must have as a minimum
a Bachelor's Degree.
C. Required Training. All
identified faculty must have satisfactorily completed
Phase I: Assessment and Readiness Training
and Phase II: Core Training before commencing
PLTW instruction and must regularly participate
in Phase III: Ongoing Training in order to
continue PLTW instruction. All Phase II: Core
Training provided to faculty participating in the
PLTW faculty development PLTW Associates Program
must be directly tailored to the PLTW Associates
Program course assignment for the upcoming school
year. If a professor does not satisfactorily
complete Phase II: Core Training, then the
professor may proceed with instruction in the PLTW
Associates Program for the school year following
such Phase II: Core Training, with the mentorship
of PLTW Master Teacher, subject to improvement guidelines
established by PLTW, INC. in collaboration with
the College, and must again complete Phase II: Core
Training (in accordance with guidelines established
by PLTW, INC. in collaboration with the College)
the next time it is offered. No other training
shall serve as a substitute for Phase II: Core
Training or Phase III: Ongoing Training authorized
and overseen by PLTW, INC.
D. Equipment Purchases. The
College shall purchase a laptop computer for each
professor accepted into the faculty development,
to be delivered to the professor by the date required
under the guidelines published by PLTW, INC. governing
the implementation of the PLTW Associates Program. The
laptop computer and software shall be used in all
three phases of faculty development. The College
agrees that the laptop computer and software shall
remain in the possession of and be for the sole
use of the professor as long as the professor is
teaching PLTW Associates Program courses.
E. Training Phases.
(i) Phase
I: Teacher Assessment and Readiness Training. PLTW,
INC. will offer an assessment for the professors
accepted for training. The professor must
complete and submit the assessment to PLTW, INC.
by May 1. The college shall be required to
cover the cost of any readiness training identified
by the professor through such assessment. This
training, if needed, will occur prior to Phase II: Core
Training.
(ii) Phase
II: Core Training. Core Training shall
be available during a summer institute at an affiliated
training center within the state in which College
is located ("National Affiliate Training Center"),
or, if there is no National Affiliate Training Center
within the State in which College is located, thenat
a National Affiliate Training Center in another
state. The College agrees to pay all fees
and expenses as specified by the National Affiliate
Training Center,
as well as transportation costs for each of its
professors attending training, as well as any applicable
stipends or the like.
(iii) Phase
III: Ongoing Training. PLTW, INC. shall
conduct ongoing training of professors who have
completed Phase II: Core Training. Phase
III: Ongoing Training shall be conducted either
via distance learning (PLTW Virtual Academy) or
at a site within the PLTW region that serves the
College or at a National Affiliate Training Center,
as determined by PLTW, INC. The College agrees
to release each professor for Phase III: Ongoing
Training for up to two (2) workdays per school year
for each PLTW Associates Program course being taught
by the professor during such school year. The
College shall pay the cost of any travel expenses
and stipends in connection with Phase III: Ongoing
Training. The College, in its discretion,
may supplement Phase III: Ongoing Training
by sending professors for Phase II: Core Training
in order to refresh and improve their skills, but
must pay all fees and expenses as provided in subparagraph
(ii) above.
F. Advisor Training. The
PLTW National Training Centers provide advisor training
annually, in the form of a "Counselor Conference". The
College agrees to permit the attendance and participation
of appropriate advisors and shall pay any fees and
expenses in conjunction with this conference. Although
it is suggested to have all advisors attend the
conference at least once, the College agrees to
send a minimum of one advisor per annual conference.
8. Partnership
Team.
By the end of the second year, the College will
establish and operate a partnership team consisting
of technology community advisors and College professors
teaching the PLTW Associates Program, in accordance
with such guidelines as may be established by PLTW,
INC. from time to time. Community advisors
will be selected by the College. The objective
of the Partnership Team is to provide optimal support
for professors and students and to facilitate the
operation of the entire PLTW Associates Program
in the College.
9. Equipment and
Software.
A. Guidelines. To
assure that the College's facilities properly support
the PLTW Associates Program standards, the College
agrees to adhere to the following guidelines with
respect to the purchase and use of equipment:
(i) Except
as provided for specifically in the Agreement, it
shall only purchase or lease equipment and software
for the PLTW Associates Program from an approved
list provided by PLTW, INC. and/or as provided by
special purchase or lease agreements negotiated
by PLTW, INC. and may take advantages of other cost
savings practices intended to obtain quality equipment
and supplies to support the PLTW Associates Program. Notwithstanding
the preceding sentence, the College may provide
PLTW Associates Program instruction using equipment
purchased from vendors not specifically approved
by PLTW, INC., provided: (i) such equipment
has specifications that meet or exceed PLTW specifications,
(ii) such equipment adequately supports the PLTW
Associates Program Curriculum.
(ii) The
use of the equipment and software by students participating
in the PLTW Associates Program shall take precedence
over all other use.
(iii) The
College hereby covenants and agrees that any facility
used to teach the PLTW Associates Program shall
be adequately equipped to operate the equipment
and that such facility and any equipment used thereon
shall at all times comply with applicable standards
of safety and reasonable use.
10. Assessment of Results.
A. Monitoring Results
by College. The College agrees to take
reasonable measures to follow the progress of each
of its students throughout the student's participation
in the PLTW Associates Program and also to conduct
annual graduate follow-up surveys as organized through
the PLTW systematic evaluation process. The
College agrees to permit sharing of the results
of this work with PLTW, INC. and with other schools
in a manner consistent with proper professional
practices and student confidentiality.
B. Examinations. The
College agrees to administer a written examination
provided by PLTW, INC. to its students at the end
of each PLTW Associates Program course (excluding
the Engineering Design and Development course). The
College shall submit a summary of the students'
test results to PLTW, INC. for its review. PLTW,
INC. agrees that test scores shall be kept strictly
confidential and shall only be used for purposes
of monitoring the effectiveness of the PLTW Associates
Program.
C. Program Validation.
(i) Program
Self Assessment. College will complete
the self assessment provided by PLTW, INC. on intervals
reasonably requested by PLTW, INC. The initial
self assessment shall be submitted to PLTW by June
1st of the second full year of implementation of
the PLTW Associates Program. The self assessment
shall address program overview and scope, curriculum,
faculty qualifications, and facilities and equipment,
as well as any other topics reasonably requested
by PLTW, INC. for the purposes of assessing the
PLTW Associates Program offered by College.
(ii) Site
Visit. After review of the self assessment,
PLTW, INC. will schedule a site visit to validate
the PLTW Associates Program offered by College. A
PLTW staff person will lead the site visit. The
College should identify several members of the Partnership
Team to assist with the site visit. Reasonable
accommodation and travel costs will be covered for
the visiting PLTW staff member by the College.
(iii) Revalidation. A
revalidation process will be conducted every five
years to assure continuous improvement.
(iv) Non-Validation. If
the PLTW Associates Program offered by College is
not successfully validated or re-validated, a plan
will be developed by College to remediate, which
plan must be approved in writing by PLTW, INC. If
remediation is not successful within one year of
approval of the remediation plan, this Agreement
shall immediately terminate.
11. Standards, Practices and Benefits.
A. Access. The College
shall have access to all PLTW Associates Program
curriculum and annual updates. In addition,
the College shall receive access to the PLTW electronic
communication network, faculty development and seminars,
special purchase/lease arrangements for hardware
and software, college credit agreements and recognition
of excellence for students, faculty, and school.
B. Quality Standards. The
College agrees to teach the students in the PLTW
Associates Program using the PLTW Associates Program
curriculum as prepared by PLTW, INC. without modifications,
and to maintain the quality standards specified
in the PLTW Associates Program curriculum and PLTW
Associates Program practices at a level acceptable
to PLTW, INC. Colleges may exceed these minimum
instructional requirements in order to enhance the
PLTW Associates Program.
C. College Certification. The
College agrees to complete the PLTW College Certification
process no later than the second year of participation
in the PLTW Associates Program
12. PLTW Associates Program Identification.
The College shall use the "Project Lead The
Way™" markings and identifying names
and references on all PLTW Associates Program materials,
course offerings and communications with faculty,
students, officials and community constituents. PLTW,
INC. will supply the College with appropriate instructions
and labels, markings and all other identifying material
to facilitate the proper promotion of the PLTW Associates
Program. All press releases and other public
pronouncements involving the PLTW Associates Program
shall be subject to the advanced approval of PLTW,
INC. through the PLTW State Leader. The College
agrees to reasonably promote and publicize the PLTW
Associates Program, and to retain its distinct character.
13. License to Use Curriculum Materials.
A. Scope. PLTW,
INC. grants to the College a non-exclusive license
to reproduce and use curriculum materials developed
and/or used in connection with the PLTW Associates
Program, which may exist in printed and/or electronic
form. The College acknowledges that PLTW,
INC. retains all rights and title to such materials. Any
reproduction and use of these materials shall be
strictly limited to the use by the College for instruction
to students of the College and faculty training. Any
other use of such materials, including but not limited
to commercial use shall be strictly prohibited.
B. Termination. The
license granted hereunder shall cease upon the earliest
to occur if: (i) the termination of this Agreement;
or (ii) PLTW, INC. providing sixty (60) days written
notice to the College of its election to revoke
the license. Upon termination of the license,
all curriculum materials, including any reproduction
thereof, shall be immediately returned to PLTW,
INC., but in no event later than fifteen (15) days
after the effective date of termination.
14. Representations and Warranties of the
College.
The College hereby makes the following representations
and warranties:
A. This agreement has been
duly approved by the College.
B. The person executing
this Agreement on behalf of the College has been
duly authorized to so act by such College.
C. This Agreement is a legally
binding agreement whose rights and obligations run
only between the College and PLTW, INC. and the
College's execution of this agreement does not create
rights in any other party.
D. The terms of this Agreement
do not violate or conflict with the College's charter
or any other of its rules of governance, the laws
of the College's state or any subdivision thereof,
or any other agreement to which the College is a
party.
15. Default.
A. Cure Period. Upon
a material breach of this Agreement by either party
which is not cured within fifteen (15) days after
written notice is mailed to the defaulting party,
this Agreement shall terminate effective upon the
completion of the then-current school year courses.
B. Failure to Implement
PLTW Associates Program. If the College
fails to implement the PLTW Associates Program for
the school year immediately following the date of
this Agreement, then this Agreement shall immediately
terminate.
C. Other Remedies. In
addition to the right to terminate the Agreement
upon a breach thereof, PLTW, INC. shall also have
the right to exercise all of its remedies, both
legal and equitable, as a result of the breach.
16. Term: Annual Renewal of Agreement.
The initial term of this Agreement shall begin as
of the date of signing and shall end on _______________________
and shall be automatically renewed for additional
Contract Years (July 1 – June 30) unless a
party terminates the Agreement by notice to the
other party in writing no later than April 30 preceding
the commencement of the next Contract Year.
17. Protection of Intellectual Property.
The College agrees to adhere to any and all restrictions
in connection with equipment, and software purchase/lease/license,
agreements between PLTW, INC. and technology software
producers and to take proactive measures to protect
intellectual property, as shall be requested by
PLTW, INC. Upon a termination of this Agreement,
the College shall return all software provided to
them pursuant to this Agreement through special
PLTW agreements. The College shall cease using
the PLTW logos, names and other marks or identifying
materials, and shall make no representations linking
any of its own educational PLTW Associates Programs
to the PLTW Associates Program without the prior
written consent of PLTW, INC.
18. Assignment.
The College is prohibited from assigning to or in
any other way enabling any of its rights under this
Agreement to inure to any third party. This
prohibition on assignment shall be a material term
of this Agreement and any violation of this Section
shall be material breach of this Agreement, which
shall allow PLTW, INC. to terminate this Agreement.
19. Indemnification.
To the extent permitted by law, the College hereby
agrees to indemnify, defend and hold harmless PLTW,
INC. from and against, and in respect to, any and
all losses, expenses, costs, obligations, liabilities
and damages, including interest, penalties and reasonable
attorney's fees and expenses, that PLTW, INC. may
incur as a result of any negligent or willful act
of the College or any of its agents or employees
or the failure by such College to perform any of
its representations, warranties, commitments, or
covenants under this Agreement.
20. Notices.
Any notice or other communication required or permitted
under this Agreement shall be in writing and shall
be sent by registered or certified mail, return
receipt requested, or by
Federal Express, as follows:
If to the College:
«District_Name»
«District_Address1»
«District_Address2»
«District_City», «District_State» «District_Zip»
If to PLTW, INC.:
Project Lead The Way, Inc.
747 Pierce Road
Clifton Park, NY 12065
21. Benefit.
This Agreement shall be binding upon, and shall
inure to the benefit of, the parties and their respective
successors and permitted assigns.
22. Entire Agreement.
This Agreement, including any instruments of agreements
attached hereto as exhibits or incorporated herein
by reference, contains the entire understanding
of the parties with respect to the subject matter
hereof. This Agreement supersedes all prior
agreements and understandings between the parties
with respect to such subject matter.
IN WITNESS WHEREOF, the parties have each executed
this Agreement on the dates indicated below.
«District_Name»
Date: ______________ By: ________________________
Name: ________________________
Title: ________________________
Project Lead The Way, Inc.
Date: ______________ By: ________________________
Name: Richard
C. Liebich
Title: Chief
Executive Officer
June 3, 2005