ML20199D104

Expresses Appreciation for 970917 Response W/Addl Info That Further Supports Closure of Two Areas Identified from 940613-17 Program Review

ML20199D104
Person / Time
Issue date:	11/08/1997
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Sinclair W UTAH, STATE OF
References
NUDOCS 9711200258
Download: ML20199D104 (4)

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Dear Mr. Sinclair:

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Thank you for your response dated September 17,1997 with additional information that '

s L further supports the closure of the two areas identified from the June 13-17,1994 program -

Nview. 'We'have reviewed your response and have no further comments.~ We acknowledge

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ithat the action on our part to request idditional information about a previously closed item was.

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L unique. That action was prompted by the unusual circumstances created by the payments from -

the previous President of Envirocare to the previous Director of the Division of Radiation Control, if you have any questions, please contact me at 301-415-3340, f

Sincerely, D

RICHARD L RT Richard L. Bangart, Director

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Mr. Willi m J. Sinclair, Director '

~ Division of Radiation ControlL Department of Environmental Quality _

168 North 1950 West--

P.O. Box 144850 Salt Lake City, UT 84114-4850-

Dear Mr. Sinclair:

Thank you foi' your response dated September 17,- 1997 with itionalinformation that further supports the closure of the two areas identified from the Ju 13-17,1994 program <

review.- We have reviewed your response and have no further mments. We acknowledge that the action on our part to request additional information a ut a previously closed item was unique. That action was prompted by the unusual circums nces' created by the payments from the previous Pret.ident of Envirocare to the previous Dir or of the Division of Radiation Control. If you have any qucttions, please contact m at 301-415-3340.

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ichard L. Bangart, Director Office of State Programs d

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P; NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30seH001 November 8, 1997 Mr. William J. Sinclair, Director Division of Radistbn Control Department of Environmenbl Quality 168 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4850

Dear Mr. Sinclair:

Thank you for your response dated September 17,1997 with additional information that further supports the closure of the two areas identified from the June 13-17,1994 program review. We have reviewed your response and have no further comments. We acknowledge that the action on our pari to request additional information about a previously closed item was unique. That action was prompted by the unusual circumstances creatcd by the payments from the previous President of Envirocare to the previous Director of the Division of Radiation Control. If you have any questions, please contact me at 301-415-3340.

Sincerely, IE WL M

Ri ard L. Bangart, Director Office of State Programs

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DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF RADIATION CONTROL Meheel O. Laevia 168 North 1950 West 0" "

P.o. Boa 144850 i

D6 anne R. Nielson, Ph.D.

sal Lake City. Ush 841144850 E'*a** t**

(801)5M4250 Voice William J. sinclair (801) 5334097 Faz D"*'

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-4 September 17,1997 4am gu Richard Bangart, Director 9

Office of State Programs Nuclear Regulatory Commission Washington, D.C. 20555-0001

Dear Mr. Bangart:

This correspondence is in regards to your letter of August 19,1997 regarding two areas that NRC detennined were not closed out during the June 13-17,1994 program review. The two areas were l

identified as air pathways analysis and contractor conflict ofinterest. On May 5,1995, I received l

a letter from you which indicated that both of these issues were closed out as a result ofinfbrmation provided to you on March 17,1995. I have enclosed a copy of your letter and pages 2-3 of the NRC staff evaluation which clearly indicates in both cases that the State's action was appropriate, further information was not necessary, and the item was closed. I am disturbed that several years later that I receive correspondence indicating that you desire more information on previously closed items.

l As we discussed this request in more detail during a recent telephone conversation, you stressed that your August 19,1997 is not precedent setting for Utah or any other Agreement State program. This l

request constitutes infonnation the NRC deems necessary because of the unusual events associated with the Khosrow Semnani - Larry Anderson (Envirocare) situation. Our expectation continues to be that items previously closed during a program review w closed and we have no further l

obligation to provide infonnation or respond once an item is closed. I have enclosed the cover letter and the appropriate pages in support of the above information (See Attachment A).

However, given the unusual circumstances surrounding the Envirocare situation, I am willing to respond to the issues raised and supply you with some supplemental information. One concern l

raised by the NRC staff was that volatile C-14 could be generated as a result of the biodegradation of organic wastes. 'Ihe question raised did not include tritium or the general issue of Air Pathways Analysis for C-14 and tritium. Air pathways analysis of C-14 and tritium were conducted in 1990 as part of the report " Evaluation of the Potential Public Health Impacts Associated with Radioactive Waste Dispor.al at a Site Near Clive, Utah." This report was prepared for the Division by Rogers and Associates Engineering. The report was part of the review process for the Envirocare license amendment which ultimately resulted in the approval for Envirocare to dispose of low-level 2P-A 6.2 W to/coen 2-5go

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September 17,1997 -

Page 2 radioactive waste.1 As the record demonstrates, further evaluation of the potential for volatile C-14 was provided by Envirocare and review performed by Division staff.

- As indicated above, contract assistance in 1990 was provided to the Division by Rogers and Associates Engineering Inc., Salt Lake City, Utah. Currently, Roger and Associates is providing

- assistance for the Envirocare license renewal and the Laidlaw siting plan application. During contract negotiations, Rogers was required to complete the standard " State of Utah Contract,"

including Attachment A," General Provisions"(See Attachment B to this letter). Item 3g of the' General Provisians requires the contractor to indicate "there is no conflict ofinterest arising out of T

the execution or implementation" of the contract. In the interest ofwhat is required of the contractor, we have included Roger's response to the latest contract which outlines what they believe may or may not be potential conflicts. Conflict ofInterest information of this type is reviewed by the-i Radiation Control Division Director, the DEQ Office cf Support Services, the DEQ Executive Director's Office, and the State of Utah Division of Purchasing 'Ihe Roger's Conflict ofImerest Disclosure is appended as Attachment C.

If you have ariy further questions regarding this information, do not hesitate to contact me.

Sincerely, l

William J. Sincifr irector 7

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Dianne R. Nielson, Ph.D., Executive Director, UDEQ Fred Nelson, Utah Attomey General's Office Charles Hackney, NRC Region IV, State Liaison Officer Robert Quillin, Chairman, Organization of Agreement States 1

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ATTACIIMENT A

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NUCLEAR REGULATORY COMMISSION W ASHIN GTON, D.C. 30en4001

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William J. Sinclair, Director i ',

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Dear Mr. Sinclair:

Thank you for your letter of March 17, 1995, responding to our reviso:

of he Utah radiation control program (RCP).

The information provided in both thm.letterandyourpptember 21, 1994 letter directly responded to program review findings, and addressed our comments and recommendations.

Enclosed is the NRC evaluation of RCP responses relative to those items identified in our December 6, 1994 letter which can oe closed based upon your letter.

Other items, which were addressed in your response, will reniain open and will be assessend during our next review of the State's program.

Sincerely f

gt(fs GM di Richard L. Bangart, Director Office of State Programs "

Enclosure:

As stated cc w/ enc 1:

Diane Nirlson, Ph.D.

Executive Director, DEQ 45Criz cc%

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Evaluation of State's Resoonse i

The State's action is appropriate and no further'information is necessary.

The State had previously met this indicator. This item is closed.

l Technical Quality of Licensina Actions (Item 6 of the December 6,1994 letter from R. Bangart to D. Nielson)

Recommendation 2.

discusses air pathway The State analysis (for the added 14 redionuclides)ly significant nuclides releases of Pu but does not address other potential such as C-14 cr tritium. The reviewers discussed the comment with the Manager, Environmental Monitoring and Radiological Waste group, after p

consultation with NRC staff in the Division of Waste Management.

We recommend that the State of Utah and the NRC staff continue discussions to

address and resolve the issue on the State's C-14 air pathway analysis.

The Office of State Programs will arrange a telephone conference with the cognizant individuals from the NRC and Utah ~following the review to continue discussions on this issue.

March 1995 Resoonse On January 11, 1995, Envirocare submitted an evaluation of the potential i

radiation doses from airborne concentrations of Carbon-14.

The air pathway war evaluated with the EPA AIRDOSE model for three scenarios including the nearest off site receptor and two radiation worker scenarios.

1he evaluation determined that at 1500 meters the annual effective dose equivalent to a resident would be 27 mrem per year from ingestion and 0.0063 mrem per year from inhalation. There is no credible ingestion pathway since food crops are not grown at the stated distance and the inhalation dose is insignificant.

DRC concurs with this evaluation.

Evaluation of State's Resoonse The State's action is appropriate and no further information is necessary.

This item is closed.

1 Licensina Procedures (Item 7 of the December 6, 1994 letter from R. Bangart to D. Nielson)

Recommendation for consistency and uniformity in the licensing process, we recommend the State develop and implement new license procedures, including checklists and model licenses.

The review team provided the staff with sample checklists and model licenses as well as the late *.t versions of the NRC Policy and Guidance Directives, and we recommend these or similar guidance documents as developed by the CRCPD be adopted for use by the Utah licensing program. We also recommend a routing sheet which includes supervisory review l

and dispatch records, be retainad in the license file.

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i Evaluatio_n of State's Response The State's action is appropriate and no further iaformation is necessary to satisfy this indicator. This item is closed.

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Contractual Assistance (Item 3 of the December 6,1994 letter from R. Bangart to D Nielson)

Recommendatior.

We recommend that procedures be developed and implemented by DRC in the selection of contractors to support the low-level radioactive waste regulatory program to avoid conflict of interest with regard to those contractors working or supporting the licensee.

Seotember 1994 Resoonse L

The procedures developed and implemented by other Divisions within the Department of Environmental Quality and procedures already specified by the State Division of Purchasing will be modified and adopted, as appropriate, by the DRC.

In this specific instance only one contractor was involved.

Since thefiel.dofcontractorswereveryIimited,DRCstaffhadpersonalknowledge of potential conflict of interest and knew that no such conflict existed.

Evaluation of State's Response The State's action is appropriate and no further information is necessary to satisfy this indicator. This item is closed.

Staffina level (Item 5 of the December 6, 1994 letter from R. Bangart to D. Nielson)

Recommendatiom DRC should take the necessary steps to fund and fill the vacant Environmental Scientist fil position wiU.in the materials program to assure that adequate levels of suport are available for inspection of the materials program.

Seotember 1994 Re:Donse Constraints placed upon all Divisions within the Department of Environmental Quality by management make it unlikely that the vacancy will be funded and filled. As a contingency, the DRC intends to utilize the abilities of an individual currently working in the Environmental Monitoring / Low-level Waste Section and individuals currently overseeing the control of x-ray machines.

Actions will be taken to adjust staff attendance at NRC sponsored training courses to effectively implement this plan.

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0 ATTACIIMENT B

F685 DMalon of Finarco State Contract #

Department Log Number

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This contract is entered into as a result of:

The procurement process on bid #

___ The procurement process on requisition #

Pre approved sole source (approval attached)

Agency grant, land purchases, DAS Purchasing delegation Contract with other state agency or political subdivision Under $2,000 (total amount per fiscal year)

Agency exemption from DAS purchasing approval Revenue agreement

1. Agency Name UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY Agency Code 480

2. General Purpose of Contract:

3. Contractor Name

4. Contract Period: Effective date Termination date (mmmw)

(mnvew) 5, Authorized Amount:

6, Vendor #

7. Commodity Code (s)

COMMENTS:

CONTRACT

SUMMARY

PAGE FOR DEPARTMENT USE ONLY NOT PART OF CONTRACT Page 1 of 2

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UTAH DEPARTMENT OF ENVIRONietNTAL QUALffY f

CONTRACT SUGAMACY PAGE. FOR DEPARTesENT USE ONLY. NOT PART OF CONTRACT COMPENSAfl0N TYPE:

LEGAL STATLC OF CONTRACTOR:

1 F,

Pised Price LG,,, 6 tete er L3 eel Government,

I Department Leg Number C

Cost Reimbursemerit CU.,, College er Un'versity S

Pee ter Service NP _ Non Profit C4 2 _ -

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Other CC, Per Profit C.i, J. s OT.,,, Other DEPARTeetNT OF ENVIRONeotNTAL QUALITY NAME OF CONTRACT:

INFORMATION:

Nome of Centracten Address: _,,,,

Ow0n:

Surosu:

APPROVAL AND REVIEW SIGNATURES UTAH DEPARTMENT OF ENVIRONMENTAL OUALITY APPROVAL AND REVIEW OF CONTRACT:

Division Support Service Coordinator / Director Date Financial Manager Date APPROVAL OF FUNDS AVAILABILITY:

Accountanto, Office of Finance Date CONTRACT PROVISIONS:

,,,,1. Vendor Contract Contractor provides goods or services.

_ Standard Terms and Conditions used as Attachment A in Contract,

_ General Provisions used as Attachment A in Contract.

_ 2. Subrecipient Contract. Contractor carries out grant program.

_ General Provisions used as Attachment A in Contract.

,, Contractor Assurances (attach copy to the back of Contract Summary Page).

General Provisions incorporated by reference, not attached (referenced oci page 1 section 7 of contract).

Source of Funds:

STATE FY Source -

Contract Allocation Sheet Total FFY._

l FFY _.

Amount S.sts/ Federal Appr Rept Rept CFDA Fnd Agy Org Unit Obj Ctgry Amount Ctgry Amount Sourca e

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- Totals CONTRACT

SUMMARY

PAGE. FOR DEPARTMENT USE ONLY. NOT PART OF CONTRACT

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UTAH DF.PARTMENT OF ENVIRONMENTAL CUALfTY 168 North 9950 West, Salt Lake City Utah 84116 CONTRACT Department Log Number State Contract Number 4

1. CONTRACT NA'AE:

The name of this Contract is

2. CONTRACTING PARTIES:

This Contract is between the Utah Department of Environmental Quality (DEPARTMENT), and (CONTRACTOR).

3. CONTRACT PERIOD:

The service period of this Contract will be.

through

. unless terminated or extended by agreement in accordance with the terms and conditions of this Contract.

4. CONTRACT AMOUNT:

The Contractor will be paid up to a maximum amount of $

in accordance with the provisions in this Contract. This Contract is funded with

% Federal funds and with

% State funds. The CFDA s is _.

and relates to the federal funds provided.

5. CONTRACT INQUIRIES:

Inquiries regarding this Contract shall be directed to the following individuals:

CONTRACTOR DEPARTMENT Contact Person:

Program:

Business Address:

Contact Person:

Phone Number:

Phone Number:

6. REFERENCE TO ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT:

Attachment A:

Attachment B:

Attachment C:

Attachment D:

Attachment E:

Attachment F:

7. PROVISIONS INCORPORATED INTO THIS CONTRACT BY REFERENCE, B0T NOT ATTACHED HERETO:

A. All other govemmental laws, rules, regulations, or actions applicable to services provided herein.

8. If the Contractor has provided the Department with Assurances, then the Department is entering into this agreement based upon the Assurances provided by the Contractor and the Assurcnces are incorporated by reference.

9. If the Contractor is not a local public procurement unit as defined by the Utah Procurement Code (UCA 63-56 5(12)), this Contract must be signed by a representative of the State Division of Finance and the State Division of Purchasing to bind the State and the Department to this Contract.

IN WITNESS WHEREOF, the partios sign this Contract.

CONTRACTOR:

UTAH DEPARTMENT OF ENVIRONMENTAL QUAllW By:

By: Brent Bradford Signature of Authonzed individual Date Date Deputy Director Print Name:

Title:

State Finance:

Date Federal Tax identification Number or Social Security Number State Purchasing:

Date Page1 cae epes me, wms

l ATTACHMENT A UTAH DEP A RTMENT OF ENVIRONMENT AL QU ALITY GENERAL PROVISIONS i

1.

As used throughout these General Prodelons, the fouowing terms shau have the meanings set forth herein:

i s.

" Contractor" oneans the person, nrm, or organisation performing the services or deUvering the items described in this Contract.

b.

" State" oneens the State of Utah.

c.

" Department" se eens the Utah Department of Environn.sntal Quality, d.

" Director" means the Esecutlee Director of the Utah Depat tment of Environmental Qual'ty or duly authortaed reprewntative,

" Subcontract" means any Contract twtween the original Contractm and a third party for the provision e.

ofitems or wrvices which the original Contractor has himself contracted with the Department to perform, encept purchase orders for standard commercial equipment, products, or wrvices, f.

" Recipient" means Individual persons who are euglble for services prodded 1,y the Department or by an authorind Contractor of the Department.

g.

"Public omeer" means all elected or appointed omeer of the State or any of its poutical subdivisions

• ho occupy polley making posts but escludes legislators or legislative employees.

h.

"Pubtle empleyre" means a person who is not a pubbe orncer who is employsd on a full, part time, or contract basis by the State or any oflu poudcal subdivisions but excluding legislators or legislatlie emplo)ees.

l.

" State law" includes, hus is not Umited to statutes, rules, and court decisions of the State.

J.

" Federal 1,aw" includes, but la not Umited to statutes, rules, and regulations of federal government.

L.

'the definitions wt forth in the "Ut2 Procurement Code,"l 63 56 5 Utah Code Annotated.1951 as amended and the " Utah INbue OfDeers' and Emplo)ees' Ethics Act," l 6716 3 Utah Code Annotattd, 1953, as amendes'.

f l.

" General Provisions" means those prodstons of this Contract which are set forth under the heading l-

" General Provisions."

l "Special Provisions" means those proilslons of this Contract which are in addition to the General m.

Prodstons.

l 2.

CONILICT BETMTEN PROVtSIONS When there are Special Provisions, and there is a connlet between the General Prodstons and the Special Provisions, the Special Provisions shnu govern. In the eient that the Contractor's terms, con ditions, specincations, or scope of work conniet with thow of the Department, the Department's terms, conditions, specincations, and scope of work shall prevall for purpows of contract interpretation.

3.

GENERAL REOUIRBIEN"IS encource4 m 1

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a.

• dis centract shall becesse effective se the date esecuted by the Dlrwtor and approved by the State DMelon of F1mance er at a later date as spectSod la the Centract.

4 b.

Die Contract shau be construed in esda with Utab law and any legal action thereupon abau be laitiated la an appro;riate court of the State of Utah.

c.

De Contractor shall obtala and malatain au uceases, perndts, and authority necessary to do business and reader services under this Comenet, and shnu compf with alllaws regarding usesaployinent l

f lasurance, disabuity lasurance, and workman's compemention.

d.

Seth parties hereto agree that the Centractor abau be deemed an ladependent contractor in the performance of Gils Contract, and shall comply with a;l!aws regarding unemployament 'a 3==:

disablutNasurance, and worknwn's compensatloa. As such, the Centractor shau have no authodestion, espress or implied, to bind the State of Utah to any agreement, settlement liabluty, or understanding whatsoever, and agrees not to perform any acts as agent for the State of Utah, except as espressly set forth herein.

No public omeer or pubuc emaloyee shau, through the use of his emclal position, secure or galo a e.

pecuniary benefit artsing out of the esecution or implementeden of this Cootreet in violation of the pubue Omcers' and Employees' Ethics Act Tide 67 Chapter 1. Utah Code Annotated.1953. as amended.

f.

Contractor represents that none ofits officers or employees are omcers or employees of the State of Utah unless disclosure has been snade in accordance with Sections 6716 7 and 6716-3, Utah Code Annotated.1953. as amended.

3 Contractor represents that there is no confilet of interest arising out of the esecution or implementation of this Contract.

h.

De Contractor certifies that neither it nor !ts principais are presently debarred, suspended, proposed for deberment, declared ineligible, or voluntarily escluded from ps.rticipadon in this trensaction (Contract) by any governmental department or agency. If the Contractor cannot certify this statement, attach a written esplanaden for review by the State.

j 1.

A declaration by any court, or any other bloding legal authority, that any provision of this Contract is i

filegal erd vold shall not affect the Iqality and enforceability of any other provision of this Contract, unless the prodolons ure mutuauy dependent.

C.

OTilER CONTRACTS l

The Department may perform addidonal work relating to this Contract or award other contracts for

(

such work. De Contrec*ar shall cooperate fully with such other contractors and/or public omcers and public employees in ti,e scheduung of and coordination of its own work with such addidonal wntk. He Contractor shall give other contractors reasonabk opportunity for the esecution of the'r work and shall not commit or permit any act which wiu interfere with the performusee of work as scheduled by any other contractor or by public omeets med public employee:. Als section shall be induded in any subcontracts and will be included in the contracts of all contractors with whom this Contractor will be required to cooperate. De Department shall equitably euforce this section as to su contractors, to prevent the impeelden of unreasonable burdens on any contract:r.

s.

Unless otherwise agreed by the terms of this Contract, the Contractor shall not subcontract with any odwr party for the furnishing of any of the wo k or services contracted for herein without the prior written approval of the DepartawnL When authority to subcontract is granted, the Contractor agrees tc, use written subcontracts drawn in confor.nity with Federal and State laws which are appropriate to the activity covered by the subcontract, which shal' include all of the general provisions set forth herein, and which abau apply with equal force to the subcontract, as if the Subcontractor were the Contractor referred to berein. 'Ib Contractor is responsible for contract performance whether or not i

subcontractors sie used. De Contractor shau submit a copy of each subcontract to the Department for approval at least 20 days prior to its effective date.

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b..

No rights er obilestions of abe Centracter mader this Com' rect shnu be assigned without the pHor writies ceasent of the Departmoet. De Centract is voidable and subject to tuumediate cancenathm by the Director spoe the Centreeter's beessalag laselvent, or flung proceedings in bankruptcy or reorgamlastles under Title XI, United States Code.

S.

0%NERSHIP OFINFORMATION Title to su reputa, leforentles, data, eemposer data elements, and software prepared by the Contractw la perforenace of this Cent:3ct shan vest in the State, unless otherwise provided for in this Centract. Subject to i

appilcable State and Federallaws,;. * "n and costreet requireewsts, the State shan beve fuu med complete rights to reproduce, duplicate, disclass, and otherwise use all such laternaties.

6.

CONFIDE!GIAlfrY OF RECORDS a.

he Centractor shall establink, maalatala, and practice precedures and controls that are la -n ;me with Federal and State laws, and that are neceptable to the Department for the purpose of assuries that no infersnaties contained la the Centreeter's receeds or obtaleed from the Department er others in carrylag out its functions under this Centract, shall be used or disclosed by it,its agents, emcess, or employees, eacept as is essential to the performance of duties under this Contreet.

b.

pereens recusettag informados fresa the Castractor shan be referred to the Department for access to records la casopliance with Tide 63, Chapter 2 (Government Records sad Management Act),12iah Cade Annatated.1951 as amended.

c.

De Centractor also agrees that any inforsnation pertaining to recipients shall not be divulged, other than to omcers or employees of Contractor as is required for the performance of duties under the Contract.

d if the performance of duties under this Contract requires the Contractor to disclose informadon other than as is set forth la this section, Contractor shan apply to the Department for written permission to make such disclosure.

7.

RECORD KEEPING. AUDIT 1 AND INSPECTIONS a.

The Contractor and any Subcontractors shau maintain Anancial and operation records in sumelent detall to document au transactions relating to the disbursement of contract funds. De Contractors shall snake available for audit and laspection au such records relating to Contract services, requirements, and espenditures undi all audits laidated by State and Federal auditors are completed, or for a period of See years from the date of terminttion of this Contract, whichever is lonpr, and for such period as is required by any other paragraph of this Contract. Records which relate to disputes, litigadon, or the settlement of claims adsing out of the performance of this Contract, or to cost and expenses of this Contract as to which enception has been taken by the Director, shan be retained by the Contractor undt dispoeltion has been made of such disputes, udgedon, claims,or esceptions.

b.

Contractor agrees to ceply with State reguladons conceralag audit requirements for local governments and men.pront organisations as requ' red under Tide $1 Chapter 2 Utah Cade Annotated.

D.D, as amended. Contractor wul provide the Department with a copy of all Reports required to be filed under the State of Utah legal Compuance Audit Guide. (Generally, all non-profit organlaations which receive more than 50% of their funds from Federal, State and local government sources are required to obtain a flaancial audit by an independent Certified Public Accountant.)

c.

Contractor agrees to ceanply with Federal regulations concerning cost principles and audit rSquiressents where appucable. A schedule of applicable principles and requirements is provided below. See Page 1 secdon 3 for the corresponding entity type for this contract.

FEDERAL COSTRAt*F AND GRAST ADMINISTRATION AUDIT REQUIRFXENTS s

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l COST AUDIT RECIPIENT ERLNCIPLES REOUIREMENTS College or University OMB Circular A.21 Non Profit Organlaation OMB Circular A 122 OMB Circular A.133 C: - miel Organlaation 43 CFR 31 8.

SUBMISSION OF REPORTS FOR PAYMENT a.

De Contractor agms that paysnents made by the Departawat to the Contractor are conditioned upon receipt of appucable, accurate, and complete reports to be submitted by the Contractor. De Department shall pay for completed services within 60 days after receipt of the contrattor's invoice.

b.

Reimbursement of expenditure contractst Contractor ag-ees to submit to the State monthly espenditure reports within twenty (20) days following the end of the month in which the expenditures were made. Claims shall be made on State-approved claim forms and shall total actual espenditures less fees collected,induding nu third party payments. For purposes of defining contract costs, the State shall adopt the applicable OMB circular noted in subparagraph 7c regardless of funding source unless otherwise defined in the contract special provisions.

c.

Fee for service contracts: Contractor agrees to submit to the State monthly billings within twenty (20) days following the end of the month in wblch the services were provided. Billings shall be sufficiently detailed to indicate the number of services provided and the cast of each service.

9.

EECQUPMENT OF CONTRACT PAYMENTS Unacceptable Expenditures: Based upon audit fit dings, the Contractor agrees to reimburse the Department for all contract funds expended which are determined by the Department not to have been expended by the Contractor in accordance with the terms of this Contract, and such Contract shall be considered executory until such repepnent is made. De Department may miso elect to withhold reimburwment amounts from any further payments due the Contractor under this Contract, any other current contract between the State and the Contractor, or any future payments due Contractor dealing with a sim!!ar acuvity from Department under a subsequent agreement

10. WA RRANTY Contractor warrants that:

a.

All services shall be performed in conformity with the requirements of this Contract by qualified perso melin accordance with generally recognlied standards, b.

All non service items furnished pursuant to this Contract shau be free from defects and shall conform to Contract requirements. Any items determined by the Department to be in nonconformity with this warranty shall be repaired or replaced s' the Department's option and at the Contractor's expense, for up to one 3 ear following the completion or termination of this Contract.

11.

MODIFICATIONS AND WAlWRS a.

This Contract contains the entire agmment hetween the parties, and any statements, promises, or induceownts made by either party or agent of either party which are not contained in this written Contract are invalid and not binding.

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1 b.

He tenas, scope of work, or einennt in tble Centreet may met be calarged, usadined, or reduced escept by written amendment signed by the parties hie change,altereden,or erasure of any printed portlee of this Centreet is valid or blading malens agreed to and initialed by both parties.

]

IL INDEMNIFICATION l

J De Centracter bereby agrees to ledemnify and ante baradees the State of Utah, the Department, and thels l

effleers, agents and employees from and against any and au lnes, damages,ladury,liabluty and claisns therefm.

inclus' lag dalms for perseeni ladury or death, damages to personal property and tiens of workmen and motettahmen, beweseur caused, resulting directly or ladirectly freen the perforsmance ef this Centreet by the Centracter.

13.

DEFAULT AND TERMINATION Both parthe shall have the right to terminate this Centract in whole er in part with cause which a.

includes, but is not united to, failure to perferin any requirement) of tble Centract er failure to make satisfactory progrees toward performance. In such case, the party tersnimating the Contract shah tramodt a 15-day notice oflatent to teriminate ddag the cause for termination to the other party by certined niall, return receipt requested. If the defealt is not cured withlm the 15-day notice perlod to the satisfaction of the terminating party,this Centreet shall then serinimate d5 days from receipt of the aedce or at a later date specified in the notice.

b.

Mnancial obilgations of the State payable after the cerrent Secal year are costlagent apes funds for that purpose being appropriated, boddeled, or otherwise available, ne State agrees that it wiu use its best efforts to obtain such funds. La the ennt funds are not appropriated er otherwise are unavailable to continue the payments under this Contract, the Departownt sney terminate dils Contract by giving thirty (30) days' written notice by certilled maalt, return rreipt requested, effective upon receipt or such later date as speelflod in the motice, If required by a reduction in Federal funding, or otherwise required by Federal or State Law, the c.

amounts authorised in this Contract shall be reduced or the Centract terinineted with thirty (30) days' written notice by certifled mau, return re ceipt requested to the Contractor.

d.

If the Contractor defaults in any manner in the prrformance of any obugadon under this Contract, or if audit esceptions are identified, the Department may, at its opdon and in addidon to other available renwdles, either adjust the amount of payment or withhold payment until satisfactory resoludon af the default er esception. De Contractor shall have the right to written nodce of the Department's action in adjusdag the amount of payment or withholding payment. Under no circuoistances shan the Department authorise payment to the Contractor that escoeds an amount specified in the Contract without an approwd anwndnwat to the Contract. De Department anay, at its option, withhold final payment under the Contract until receipt of all Snal reports and deliverables.

In the event cf termination as provided la this section,the Contractor shan stop au work as specified in e.

the notice of termlastion and immediately motify au subcontractors In writing to do the same.

f.

De Contractor shall continue the perferinance of this Centract to the estent not terrninated under the provisions of this section.

s.

In the ewet the Director terminates dels Centract in whole or part as provided in this section, the Department may procure, upon such terms and in such manner as it may deem appropriate, services sindlar to those so terminated.

h.

Should tlw Director procure other services as provided in Subparagraph g, the Contractor shall not be Bable for any escoes costa for failure to perform this Contract unless failure to perform results from Contractor's fault or mes gence.' If the failure to perforrils ca ued by the default of a subcontractor, u

the Centractor shall be liable if the services to be furnished by the subcontractor were obtainable from other sources in sufficient tinw to permit the contractor to meet the required schedule.

l.

If the Contract is terminated as provided berein, the Director,la addition to any odwr rights provided uconceau

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in this seeden, may require the Centracter le transfer title le and deliver le (at State,la she sananer a ut to the essent directed by the Director, such partiaNy eempleted reports er other docusmentation as the Centracter has spedflently produced or specificauy seguired for the perfermience of such part of this Centract as has been terunineted. Payawats for essapleted reports and emer daeusmentaties l

delivered to and accepted by the Director shall be la na esmount agreed upon by the Centracter and the Director.

J.

De rights and evenedies of the Departmost osusmersted la this secdos shall be in addition to say oder rights and remedies provided by or under this Centreet and/or available at law or ognity.

I Id.

DISPtyf15 Any disputes pertainlag to this Centreet shah be goversed by the rules of the P, -. _ - t,or appropriate f

Division thereat,la aceerdance with State law and any cypticable Federal law.

15.

PEDERAL AND ETATE ELOUIREME!m

?

De Contractor shed comply with nP applicable Federal and State requiremments faciuding but not lindled to the following:'

Federal statutes relating sc w discriminathm. Dese include but are not lisnited tot (a) Tide VI of the a.

Civil Rights Aet of 1964 (P.L. 88 382) which prohibits discrimlastloa en the basis of race, color or motional origini(b)'11de IX of the Education Aswadments of 1972, as amended (20 U.S.C. 1681 1683, and 168$.1686), whlch prehlbits discrimination on the basis of ses (c) Section $04 of the Rehabilitation

- Act of 1973, as amended (29 U.S.C. 794), and the Anwrtcans with Disabluties Act of 1990, which prohibit discrisninetion on the basis of disabilities; (d) the Age Discrimination Act of 1975, as asnended (42 U.S.C. 61016107), which prohibits discriadnation on the basis of agel and (e) Utah's Executive Order of 1989 which prohibits sesual harassawat la the workplace.

P When any watractor or subcontractor obtains any products, goods or services widch are esternally b..

procured, and are paid for in part or totally by EPA funds, the contractor or subcontractor must compir with the Minority Business Enterprise (MBE) and weer.en Business Enterpeise (WBE) utlunation requirenwnts as set forth by the EPA and the DEQ. It is the contractor's responsibility to obtain details from the contracung or funding agency, c.

d.

P.L. 93 348 regarding the protection of human subjects Involved in research,levelopment, and related

- activities supported by this Contract.

i

• (Contractor may be subject to odwr State and Federallaws depend.ag on the program and source of funding. If you have questions, contact the awarding agency.)

Certification of Compliance with Gowranwat. wide Guidance on lebbying Restrictions (31 U.S.C..

e.

1352) which requires undersigned to certify, to the best of his or her knowledge and belief, that (1)

No federally appropriated funds have been paid or wiu be paid, by or on behalf of dw undersigned, to any person for lafluencing or attempting to influence an omeer or employee of i

any agency, a Jtember of Congrees, an omcer or employee of Congress, or en employee of a awmber of Congress,la connection with the awarding of any federal contract, the minking of any federal grant, the snaking of any federalloan the entering into of any cooperative agrwawat, and the entension, continuation, renewal, amendment, or snodification of any l

federal coraract, grant, loan, or cooperative agreement.

(2)

If any funds other than federaHy appropriated funds have been paid or wiu be paid to any person for influencing or attempting to influence an omeer or employee of any agency, a enember of Congrees, an omeer or employee of Congress, or an employee of a member of Congress in conswction with this federal contract, grant, loan, or cooperative agreement, the 9tcoeff Ce*394

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r '- ( 'shall complete and subadt Standar11 Form LLL," Disclosure Form to report IAbying." in accordance with its lastructions.

i f.

Coetincauon of compliance with 45 CFR Part 76 requires that neither it nor its pdacipals is presently debarred, suspended, proposed for debarsment, declared ineligible, or voirstadly escluded from participation in this transaction (Contract) by any goveranwntal department or agency. In addition, within the past these (3) yeers they cannot have been convicted of,ladicted for, or had a civiljudgment rendered against them, nor are presendy indicted for the ca==halon of fraud or a criminal offense for vis relating to any public transacdon. Durlag this peded CONTRACTOR bas not had a public transaction terminated for cause or default. If CONTRACTOR cannot certify compliance with any of the staleenents above, attach a written esplanation to the Contract, i

16.

NOTICES Whenever notice is required pursuant to the terms of this Contract, such notice shall be in writing, shall be delivered by certifled mall, return receipt requested, and shaU be directed to the person at the addreas listed on page 1 of the Contract.

17.

RELATED PARTIES (Applies to Cent Reimbursement Contracts ONLY.) The CONTRACTOR shall not make payments for goods, services, facilities, salary / wages, profeastonal fees leases, etc., to related parties for contract i

espenses without the prior written consent of the STATE. Disbursements by the CONTRACTOR to related parties made without such pdor approval :ney be disallowed on audit, and may result in an overpayment assessment.

"Related Partles" for the purpose of this Contract, shall mean organlaadondpersons related to the CONTRACTOR by any of the followingt Marrlah Blood One or more partners in common with the I

CONTRACTOR One or more directors or of5cers in common with the CONTRACTOR More than 10%

common ownership, direct or indirect, with the CONTRACTOR.

18.

Al?IllORITY Provisions of this Contract sre pursuant to the authority set forth in Secdon 191201 (2), Tide 63, Chapter 56, Utah Code Annotated,1953, as amended, Utah State Procurement Rules (Utah Adminhtrative Code Section R33), and other related statutes which permit the State to purchase certain specified services, and other approved purchases for the State.

END OF CENTRAL PROVISIONS escoNYCrenM

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l ATTACIIMENT C

c Mr. William J. Sinclair October 1:1,1995 Attnehment D l'ngo 1 of 2 f

ATTACHMENT D CONFl.lCT OF INTEREST DISCLOSURE j

1 Rogers and Associates Engineering Corporation (RAE) has reviewed its relationships with other organizations and has concluded it has none which conflict with the interwts of the State of Utah (the Str s), Division of Radiation Pmtection (DRP). Furthermore, RAM has also myiewed the relat'..iships between its staff and Envirocare of Utah, of which it la nware, and concludes that r., such relationship conflicts with the interesta of the State of Utnh.

Notwithstanding its conclusion about potential confileta ofinterest, itAE discloses the following facts:

1, RAE has provided limited technical connulting nervices in the past for Envirocare in matters not related to Envirocarc's licenso renewn!

application.

As DRP perannnel are aware, RAE conducted some extended evalut e as of hmiting radionuclide concentrations for the State under contruct to Envirocure and under the Division's (or Bureau's, as it was nt the time) direction. In uddition, RAE perfbrmed limited calculations for Envirocare's 11(e)2 license application to the U.S. Nuclear Regulutcry Ccmmisnian; assessed potential environmental impacts associnted with 11(e)2 material disposal near Naturita.

Colorado; and reviewed und evaluated handling and closure practices within the United States for rudium.heuring wasten.

Of the activities identified above, the latest occurred in 1992. No continuing relationship exists with Envirocare. RAE will decline any Envirocare mquest to support any of its activities (except possibly as described in item 2 below) while it is under contruct to the State tu support the Divisions review of the license renewal application.

2.

Envirocare han oppmached RAE about the possibility of RAM performing standard inboratory radon diffusion coefficient meanumments on materials that might be used in cover systems nt its Clive facility. RAE has been und is currently the only qunhfied commercial sourco of this service. R idon diffusion mennumment.s at services are strictly commercial in nature. RAE has performed no diffusion coeflicient measurements to date for Envirocare. Were ItAN to pmvide such services to Envirocare, we would obtain prior approval from the State to ensure that no conflict would exist between RAM's interesta and those of the State.

~..

Mr. William J. Sinclair October 1:1, 1995 Attachment D Pago 2 of 2 3.

RAM was a team member in a succensful pmposal to the U.S.

Department of Energy 0)OE) with the law firm Carter, Brock, and Ilinman, P.A. of Holna. Idaho.

Carter, Brock, and 11inman, P.A.

presently providen legal counsel to Envirocare. The neapo of RAE'n services would not involve Envirocart, except poasibly as Envirucare might be evaluated ns u potential dispnaal facility for DOE wastes. Tn date, RAE has performed nn work for DOE as a result of this proposul.

RAM will carefully evaluate any work assignments that come from DOM vin this contract mechanism. RAE will decline any work ussignment which is clearly in conflict with the State's interests regarding the renewal of Envirocare's LLRW disposal license.

In camen where 4,uostions exist about whether conflict may arise in connection with a D()N work assignment, RAE will consult with the State to detonnine whethor it can accept the work without jeopardizing the State's interests in Envirocure.

4.

Dr. Gary Sandquist, a professor of Nuclear Engineering at the University of Utub and a part. time RAE employce, provides consulting services to Envirnenre through a University of Utub contract. Under this

contract, he periodically audita Envirocure's radiation l

l monitoring / measurement and environmental monitoring progrums. For RAM, Dr. Sandquist functions as Manager of Quality Assurance nnd a.

l l

n technical contributor when designated by Project Managers.

Isr. Sandquist will have no involvement in the project to support the Division in its review of Mnvirucare's license renewul appliention, either us Manager of Quality Assurance or as a technical contributor. Instoud.

Ms. Taunta Wilde will perform the functions of Manuger of Quality Anurance on this project, and other quallfled professionals will bo assigned techniced taska nu appropriute. Because Dr. Sundquint will have no involvement in RAE's support of the Division, RAM in free of any conflict ofintetyst in this matter.

5.

A former RAE technician has recently accepted employment with Envirocare. No empInyment relationship presently exists between this former employee and RAR. Thus, RAE is free of any potentini for conflict ofinterest in this matter.2 l

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