ML20238A555

Cooperative Agreement: Maint & Operation of Lpdr, Awarded to Perry Public Library

ML20238A555
Person / Time
Issue date:	09/04/1987
From:	Brunson E, Smith P NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), OHIO, STATE OF
To:
Shared Package
ML20238A539	List: ML20238A537 ML20238A555
References
CON-NRC-10-87-437 NUDOCS 8709090343
Download: ML20238A555 (18)

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'U. S. NUCLEAR REGULA10RY COMMISSION NOTICE 0F COOPERATIVE AGREEMEf4T

-l. COOPERATIVE AGREEMENT NUMBER

2. MODIFICATION NUMBER

3. COOPERATIVE AGREEMENT PERI (

N/A FROM: 9/17/87 T0: 9/16/88 NRC-10-87-437

4. AUTHORITY Section 31a and

5. TYPE OF AWARD 6.000PERATOR TYPE I41b of Atomic Energy Act of 1954, as amended.

Cooperative Agreement Public Library 000PERATOR NAME AND ADDRESS'.

8. PROJECT TITLE '

Perry Public Library 7 TIN: Elizabeth g.'Brunson, Director

" Maintenance and Operation of The 37S3 Main Local Public. Document Room (LPOR)"

Perry, OH 44081

9. PROJECT WILL BE CONDUCTED PER

'10. TECHNICAL REPORTS ARE REQUIRED C00PERATOR'S PROPOSAL (S)

PROGRESS AND FINAL DATED AND FINAL ONLY APPENDIX A - PROJECT COOPERATIVE AGREEf1EllT X

OTHER PROVISIONS

11. PRINCIPAL INVESTIGATOR (S) NAME AND'

12. NRC PROGRAM 0FFICE (NAME AND ADDRESS)

ADDRESS U.S. Nuclear Regulatory Commission Same as #7 LPDR Branch-ATTN: Jona L. Souder, Chie-Divisioa of Rules & Records Office of Adm. Wash., DC 20555

_Telophone flo. (R0n)_638-8081

13. ACCOUNTING AND APPROPRIATION DATA

14. METHOD OF PAYMENT ADVANCE BY TREASURY CHECK B&R No.:

46-20-25-302 X

REIMBURSEMENT BY TREASURY

. FIN:

CHECK LETTER Of CREDIT APPN:

_ 31X0200.407 OTHER (SPECIfY) i

15. FUNDIf4G SOURCES SOURCE AMOUNT NRC:

THIS COOPERATIVE

$ 2,890.00 (4 Quarters at $710.00 plus $50.00 for ji}

miscellaneous expenses) l i

p OBLIGATED

-0 C00PERATOR SHARE:

' THIS COOPERATIVE AGREEMENT PRIOR COOPERATIVE

$ )

AGREEMENT TOTAL FUNDING

$ 2,890.00 i

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16. AMOUNT OBLIGATED BY THIS COOPERATIVE

$ 2,890.00 j

AGREEMENT ACTION:

9709090343 070904 PDR CONTR i

NRC-10-87-437 PDR

17. HRC liSU18 G 0f flCE (NAfE AND ADDI:[55)

U.S. fluclear Regulatory Comission Division of Contracts / Office of Administration tJashington, DC 20555

18. COOPERATOR

19. HRC GRANT Of flCER p Signature) h w 4 INe ld 0 -

_ (Date)

//d2.

[ Y r.. h9 5ign6turef HAME (TYPED) Elizabeth C.

Brunson TAME (TYPED)

TITLE Director Grants Officer TITLE TELEPH0r1E NO. 216-259-3300 TELEPHONE NO.

O 0l) 492-767,0,_

20. COOPERATIVE AGREEMENT PAYMENT INFORMATION

. Payment will be made within thirty (30) days af ter recei,nt of the billing unless the billing is improper or the cooperator. has failed to comply with the program objectives, cooperative agreement award conditions, Federal reporting requirements or other conditions specified in OMB Circular A-102/A-110, whichever is applicable.

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Payment will be made by:

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U. S. Nuclear Regulatory Commission Of fice of Resource Management Division of Accounting and Finance, ATTN; GOV Washingto/COMACCbINTS l

n, DC 20 5 Vouchers should be submitted in an original and one (1) copy to the above address, on Form #270 " Request for Advance or Reimbursement" (copy attached).

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21. Attoched is a copy of the "NRC Project Cooperative Agreement Provisions for Institutions of Higher Education and Other Nonprofit Organizations and State / Local Governments." Acceptance of these terms and conditions is acknowledged when federal funds are uscd on this cooperative agreement project.

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72. ORDER Of PRECEDENCE in the event of a conflict between the cooperator's proposal and this Notice of Cooperative Agreement Award, the tenns of the Notice of Cooperative Agreement Award shall prevail.

23. By this Cooperative Agreement Award, the cooperator certifies that payment of any audit-related debt will not reduce the level of performance of any federal Program.

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STATEMENT OF WORK 5

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COOPERATIVE AGREEMENT (LpDR) 1.

BACKGROUND The Local Public Document Room Branch within the Division of Rules and Records, Office of Administration. U. S. Nuclear Regulatory Comission (NRC), is responsible for the overall establishment cod maintenance of' local public document rooms (LPDRs). The LPDR Branch recomends, develops, and implements programs, plans, objectives, and activities of local public document rooms, as well as coordinates the distribution of documents to LPDRs.

The LPDR program provides scientific and technical information relatino to nuclear power plants. The document collections pemit and encourage the free exchange of ideas and criticisms by the general public in the licensing of nuclear power plant construction and operation. The LPDRs are located in libraries maintained by state / local governments, the " Cooperator") gher education and nonprofit organizations (hereinaf ter, institutions of hi in the vicintty of proposed nuclear power plants.

The LPDR Branch has established a cooperative agreement program to provide financial remuneration for services perfomed by the LPDRs and to insure that a uniform program of document maintenance and infortnation services is provided for LPDR patrons.

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PERIOD OF PERFORMANCE

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a.

The period of perforinance hereunder shall commence on September 17, 1987 and shall continue throughSeptember 16, 1988, unless scener teminated or extended.

b.

The Cooperator and the NRC, by mutual agreement, may extend the period of perfomance through the execution of supplemental agreements to this cooperative agreement, not to exceed a total of five (5) years. At the end of each year the Cooperator will be required to submit a cost proposal to the NRC for the following year.

3.

NRC RESPONSIBILITY The NRC anticipates that they will provide documents on a weekly basis to b( added to each local public document room collection (collection). NRC kill provide file folders, binders, labels, postcards for reportina rissir.g documents, envelopes for use in communicating with NRC, a User's Guide, filing and document retention instructions, etc. Also, the'hRC, when notified by e library, will promptly replace any documents found missing from the collection. NRC will periodically visit each library to review the collection, provide guidance and instructions to the library staff, monitor contractor perfomance, and identify /rcsc1ve problens er discrepncits.

Incorporate into resultant Cooperative Agreement.

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4.

MAINTENANCE AND OPERf. VION OF THE LPDR The Cooperator shall perform the following services relative to the maintenance and operation of the LPDR:

a.

Properly file paper copy documents or microfiche received from NRC within one week of receipt in accordance with the filing system provided by NRC. To meet the particular needs of library patrons, this filing deadline may be extended upon the expressed approval of the Program Officer, b.

Pefile documents or microfiche used by patrons within the next business day.

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Prepare file folders and folder labels when necessary.

d.

Promptly file as well as display reference tools and finding aids provided by HRC (such as the LPDR HOTL1NE toll free labels and signs which identify the collection) as instructed.

e.

Maintain a file of explanatory and instructional material sent to the LPDR library by the NRC.

f.

Documents in the collection are not allowed to leave the LPDR library unless instructed to do so by the LPDR Branch, NRC.

c Vork with the LPDR Branch staff and other NRC representatives, as necessary, to answer cuestions and provide information en the availability of documents and services, return documents sent in error, make arrangements for handling non-routine matters as they arise, such as Freedom of Infortration Act responses.

h.

Maintain the local public document room collection and NRC-furnishr.d equipment as a physically unified collection.

1.

Report promptly to the Program Officer the identification of docurents found or reported to be missing from the collection.

5.

USfR ASSISTANCE Provides patrons with reference assistance in locating documents and a.

sufficient instructions to familiarize users with the filing system, the local public document room collection, the collection's reference tools and finding aids, the indexing system used for paper copies and microfiche copies of the collection, and use of the microfiche reader printer.

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b.

Provide users access to operable reproduction equipment for making paper copies of the collection, as needed.

6.

ADMINISTRATIVE SERVICES a.

Insure that the NRC microfiche reader printer is in good operating condition.

In the event the equipment requires repair or servicing, the library staff shall arrange to have an authorized service representative repair or service the equipment.- The invoice of charges'should be forwarded for payment to the NRC in accordance with the instructions in USNRC LPDR Branch Newsletter entitled 'LPDR UPDATE" (ATTACHMENT 1). A copy of the siened work order should be submitted with tSe quarterly report and advance / reimbursement Form

1. 270.

If the cost estimate exceeds $200.00, the Cooperator staff shall first contact the Program Officer by callino the toll free number 800-638 8081.

b.

Promptly inform the LPDR Branch of the NRC, either by the toll free telephone number (800-638-8081) or in writing, of problems regarding the'use or maintenance of the collection.

c.

As the need arises, the Cooperator shall acquire necessary miscellaneous office supplies (storage boxes, hole punches, etc.) for g~

performance of the work required under this cocoerative agreement.

Approval of the NRC Program Officer is required prior to purchase of these supplies. Payment should be requested on the next quarterly advance / reimbursement Form #270. Receipts for the supplies must accompany Form #270. Charges for paper and lamps for the NRC microfiche reader printer are not allowable exper.ditures and vill not be reimbursed.

7.

SPACE REQUIREMENTS Provide the following:

a.

Adequate shelf or other filino space to maintsir the local public document collectien, b.

Adeauste space near thc dt cument collection tc iccate a microfiche reader printer, a table for the reader printer, a microfiche file cabinet (s), and table and chairs for patroris using the collection.

c.

Adequate reading space, lighting, heating and cooling, for users to review the documents in the collection.

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SUPPLY REQUIREMENTS Maintain adequate supply of paper for the microfiche reader printer.

a.

Maintain adequate supply of electric lamps for the microfiche reader b.

printer.

9.

GOVERNMENT FURNISHED PROPERTY

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The following items are to be furnished to the Cooperator, as needed, to support the collection.

3M "800" microfiche reader printer, Model No.475BG a.

, Serial No.

3_04136

, NRC Tag No.009634 (1ea.)

b.

Vertical visible upright cabinet fer cards and microfiche, 4x6 sire, 7-drawers, 40" high,16" wide, 27" deep, with hich leg base, steel, 12" high, Shaw-Walker, Model C-1419. (_.1 ea.)

Reader printer sit-down stand, 30" high, top 36" x 30", Bell &

c.

Howell, Cetalog No.

123002.

(1ea.)

For newly established LPDRS or LPDRS receiving a microfiche reader printer for the first time, the NRC will provide the initial box of paper and an extra lamp for the microfiche reader printer.

t Thereafter, responsibility to maintain an adequate supply of paper and electric lamps rests with the Coopera tor.

(Paper: 3M Dry Silver Paper, Type 795, 81/2 x 250, 4 rolls q

i per carton; Lamps: 3M, Order No. 78-8012-3601-5.) NRC cuthorizes the Cooperator to charge fer copies made on the reader printer, to recoup cxpenses fcr paper and lamps.

The Cooperator is authcrized, without cost to NPC, tc install a coin operated attachment to the reader printer; however, the cost a Cooperator may charge for copies from microfiche may not exceed 10.25 per page copy, unless it can be demonstrated to the Program Officer that operating costs require a higher per-page cost.

10. REPORTING REQUIREMENTS a.

Performance Reports s

A quarterly performance report, utilizing the fnrmat as specified in shall be submitted within 20 days after each quarter's end to the addressees listed below.

For administrative purposes, it is requested the quarterly advance / reimbursement Form (270)be submitted simultaneously with this performance rep (ort, along with any receipts for miscellaneous supplies and signed work orders covering Incorporate into resultant Cooperative Agreement.

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,. repairs or servicing of NRC. furnished microfiche reader printer.

1 However, for Cooperators who qualify for advance payment, the first quarterly report will be submitted with Form #270 for payment of second quarter.

U.S. Nuclear Regulatory Commission ATTN: Jona L. Souder, Chief Local Public Document Room Branch Division of Rules & Records Office of Administration l

Washington, DC 20555 U.S. Nuclear Regulator Comission Small Purchases & Regional Operations Branch Division of Contracts Office of Administration Washington, DC 20555 U.S. Nuclear Regulatory Comission Division of Accounting & Finance ATTN: GOV /COM Accounts Section l

f Office of Resource Management Washington, DC 20555

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b.

Financial Reports In accordance with OMB Circulars A-110, Attachment G and/or A-102, Attachment H, as applicable, the Cooperat or shall use the Standardized Financial Status Report to r eport the status of funds for all nonconstruction projects or programs. Please note the NRC j

i will exercise the option to waive the fi.1ng of the Standardized 1

Financial Status Report since the Request for ' Advance or Reimbursement and/or Report of Federal Cash Transactions has been determined to provide adequate infomation, except that a final financial Status Report shall be required at the completion of th; project when the Request for Advance or Reimbursement fem is used only for advances.

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APPENDIX A NRC PROJECT COOPERATIVE AGREEMENT PROVISIONS FOR STATE AND LOCAL GOVERNMENTS / NONPROFIT ORGAN!ZAT!0NS/

EDUCATIONAL INSTITUTIONS 4

This cooperative agreement is subject to the following provisions:

1.

Definitions a.

The tem " grant officer" means the person executing this cooperativ?

agreement on behalf of the Government and includes his successors or any duly authorized representative of any such person, b.

The term " cooperator" means the party entering into this cooperative agreement with the U.S. Nuclear Regulatory Comission (NRC),

c.

The tern " program officer" means the person in NRC Headquarters who is responsible for the technical aspects of this cooperative agreement, d.

The term " Circular A-102" refers to Office of Management & Budget Circular A-102 (Revised). Uniform Requirements for Assistance to State end Local Governments (January 1981).

e.

The term " Circular A-87" refers to Office of Mananement & Budoet Circular A-87, Cost Principles for State and Local Governments (January 28,1981).

f.

The term " Circular A-110* refers to Office of Management & Budoet Circular A-110. Unifortn Administrative Requirements for Grants and Agreements with Institutions of Hioher Education, Hospitals, and Other Nonprofit Organizations (July 30,1976).

9 The term " Circular A-21" refers to Office of Management & Budget Circular A-21 (Revised), Cost Principles for Educational Institutions (Februa ry 26,1979) and A-21 (Revised) Transmittal Memorandum No. 2, Cost Principles for Educational Institutions (June 4,1986).

h.

The term " Circular A-122" refers to Office of Management & Budget Circular A-122, Cost Principles for Nonprofit Organizations (July 8, 1980).

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2.

General a.

This cooperative agreement is conposed of a cooperative agreement face page (which may incorporate the Cooperator's proposal by 1

reference) and the NRC Project Cooperative Agreement Provisions for State and Local governments / Nonprofit Organizations / Educational Institutions, J

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2 b.

This award constitutes acceptance by the NRC of the Cooperator's proposal and budget unless otherwise indicated on the face page.

c.

The Cooperator is obligated to conduct such project oversight as may be appropriate, to manage the funds with prudence, and to comply with the provisions outlined herein. litthin this framework, the Principal Investigator (PI) named on the cooperative agreement face page is responsible for the scientific or technical direction of the project and for preparation of the project perfomance reports, d.

This cooperative agreement is funded on a cost reimbursement basis not to exceed the amount awarded as indicated on the face page and is subject to a refund of unexpended funds to NRC.

s.

This cooperative agreement award is subject to the Uniform Administrative Requirements & Cost Principles of the following applicable Office of Management and Budget (OMB) Circulars which are hereby incorporated by reference as though fully set forth herein. A copy of these circulars are hereby attached for your reference.

A-102 (Revised)

" Uniform Requirements for Assistence to State and I

Local Governments" (January 1981)

A-87

" Cost Principles for State and Local Governments" 3

(January 28,1981)

A-110 "Unifom Administrative Requirements fnr Grants and Agreements with Institutions of Higher Education Hospitals, and Other Nonprofit Organizations" (July 30,1976)

A-21 (Revised)

" Cost Principles for Educational Institutions" (February 26, 1979) and A-21 (Revised) Transmittal Hemorandum No. 2

" Cost Principles for Educational Institutions" (June 4, 1986)

A-122

" Cost Principles for Nonprofit Organizations" (July 8,1980) 3.

Reoortino Proarem Technical Perfomance i

Cooperator is responsible for the perfomance under this cooperative agreement and other agreements and, where appropriate, ensures that time l

. schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achieved.

4 Suspension or Termination for Cause a.

When, in the opinion of NRC, a Cooperator has failed to comply with the terms and conditions of a cooperative agreement, NRC may (1) suspend the cooperative agreement or (2) terminate the l

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cooperative agreement for cause.in accordance with OMB Circulars -

l A-102, Attachment L and/or A-110. Attachment L, as applicable.

b.

NRC prefers that deficiencies be corrected whenever practicable.

j When it is believed that a Cooperator.has failed to comply with one q

or more of the terms and conditions of a cooperative agreement, the Grant Officer will advise the Cooperator by letter of the nature of the problem and that failure to correct the deficiency may result in suspension or termination of the cooperative agreement. The Cooperator will be requested to respond in writing within 30 days of receipt of such. letter, describing the action taken or the plan '

designed to correct the deficiency. Copies of such correspondence will be furnished to the Principal Investigator (PI) and to the NRC' Program Officer. If a satisfactory response f s-not received within 30 days of receipt of such a letter, the Grant Officer may issue' a notice suspending authority to further oblicate cooperative agreement funds, in whole or in part. The notice of suspension will be sent by certified mail (return receipt requested) to the Cooperator with a copy to the Pl. The notice will set forth the activities covered by the suspension and its effective date, and the corrective action required by the Cooperator in order to lift the suspension. However, this policy does not preclude imediate suspension or termination when such action is reasonable under the circumstances and necessary to protect the interests of the Government.

c..

If a cooperative agreement is suspended pursuant to this article, no obligations incurred by the Cooperator during the period of suspension will be allowable under the suspended cooperative agreement other than necessary and proper costs that the Cooperator could not reasonably avoid during the period of suspension; provided

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that such costs would otherwise be allowable under the applicabic Federal cost principles.

d.

The suspension will remain in effect for a caximum of 90 days during which time the Cooperator will take corrective action to the satisf action of NPC or give assurances satisfactory to NPC that corrective action will be taken.

In that event, the Grant Officer will issue a notification, to the Cooperator, that the suspension is lifted.

e.

In the event the deficiency is not corrected to the satisfaction of NRC, the Grant Officer may issue a notice of temination. The I

notice will state the reason (s) for the termination and its effective k

date. The effective date shall reflect the fact that NRC may require a minimum of ninety (90) days to relocate the document collection.

f.

If a cooperative agreement is terminated pursuant to this article, financial obligations incurred by the Cooperator prior to the

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4 effective date of temination shall be allowable to the extent they would have been allowable had the cooperative agreement not been teminated, except that no oblication incurred durino the period in which the cooperative agreement was suspended (except those allow 3d.

pursuant to c., above) will be allowed. ' The settlement of f

temination costs will be in accordance with the. applicable Federal cost prfacipics.

g.

Withis ninety (90)' days of the effective date of temination, the

'3 Coopesator will furnish an itemired accounting of funds expended for N

allowable costs prior to the effective date of temination and the (5

unexpended coopera';fve agreement balance.

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Termina, tion for Convenience 1

Circum *taices may.iMse in which dither NRC or the Cooperator wishes

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tc teminet.A the cooperative agreerhit s in whole or in part. If both parties, agree, the cooperative agreement may be teminated by

'y mutual agreement, in accordance with OMB Circulars A-102 Attachment L and/or A-110. Attachment L, as applicable.

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If the; $ operator wishe:eto,teruf nete the co'sp'erative aareement.

he/she3 hall advise the NRC Grant Officer, in writing, with a copy to 3

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the cagjilzant. NRC Program Offfer.r.

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,4 3 y Il NRCNi$her, to teminb.e the cooperative agreement, the Grant v

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'0fi;i,cai3111 advise the Cooperator, di writing, with copies to the PI ar.s [fgh ognizant tiPC Frogrcm Of ficer; i

d.

Withirc t#,(10) days af ter receipt of r request 'from either party for

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written tysponse; agreeing or disagreeing sith the request for

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terminatQp by ciutual tgreement, the other party will provida a i

5 terminaton.. h. the event of disagreement, the Grant Officer will make a firMirkc(isiog and will give written Wtice to the Cooperator.

3 If the dech42n is titerminate, the Grart Officer will also advise the Cooperetn/ 'of the effettive date of the temination. ' The effective du.e shell sreflect the fact that NRC may recuire e mminum t f nirety (90) deyr t( relcate, tre c'ocum ht. cc licctier.. The final derificn shell bt sul.jt tt to t@ review procedures descritsedi in l'

Article 6 entititd, Dispute F.avice Procedurt,* belcw.

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The Cooperator shall ont incur new obligations for.the terminated cooperative agreen?ntt(or the f eminated portion thereof, as the case l

may be) after the effeci:tve dtte, and shall cancel e:.many l

s outsten6ir.g obligations 1s tr sible. The NRC shall allow full credit f h, to the Cooperator for tMFedtf al share of the noncancellable

[y obligations, proper?ycf ric irred t,y the Cooperator prier to L

t e mina t ion.

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Dispute Review Procedure a.

The Cooperator may request a review of a notice of termination or other adverse decision. The request should be in writing and addressed to the Grant Officer. It must be postmarked no later than thirty (30) days after the postmarked date of the notice of terutnation.

b.

The request for review must contain a full statement of the Cooperator's position and the pertinent facts and reasons in support of such position.

c.

The Grant Officer will promptly acknowledge receipt of the request for review and shall forward it to the Director, Office of Administration, who shall appoint a review comittee consisting of a minimum of three persons.

d.

If the request for review has not been resolved by the effective date of the temination set by the Grant Officer, the NRC may withhold or

' defer payments under the cooperative agreement until the review has been resolved.

.e.

The termination review :ommittee will request the Grant Officer who issued the notice of termination to provide copies of all 3

relevant background materials and documents. It may, at its discretion, invite representatives of the Cooperator and the NRC progret office to discus's pertinent issues and to submit such additional infomation as it deems appropriate. The chairman of the review comittee will insure that all review activities or proceedings are adequately documented.

f.

Based on its review, the committee will prepare its recomendetions to the Director, Office of Administration, who will advise the parties concerned of his/her decision. If the decision is to sustain the temination, the Director, Office of Administration, may reaffirr the effective date for termination set by the Grant Officer or may establish a new temination date.

7.

Allowable Costs k

e.

The allocability of costs and cost allocati,on methods for work j

performed under this cooperative agreement, up to the amount I

specified in the cooperative agreement instrunent, shall be

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detemined in accordance with the applicable Federal Cost Principles l

in effect on the effective date of the cooperative agreement and the terv.s of the cooperative agreerner.t.

b.

The Federal Cost Principles applicabic to (1) State and Local governments. (2) Nonprofit Organizations, and (3) Educational Institution cooperators are respectively as follows:

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L l (1) Circular A-87 (2) Circular A-122 i

(3) Circular A-21 8.

Retention and Custodial Requirements for Records Cooperators shall retain and permit examination of records in accordance with OP.B Circulars A-102, Attachment C and/or A-110. Attachment C, as applicable. Cooperators shall place appropriate requirements on sub-cooperators as specified by that attachment.

a.

Audit and Records Financial records, supportin'g documents, statistical records, and other records pertinent to this cooperative agreement shall be retained by the Cooperator for a period of three (3) years from submission of the Final Report.

(1) Records that relate to audits, appeals, litigation, or the settlement of claims arising out of the perfonnance of the project shall be retained until such audits, appeals, j

. litigation, or claims have been disposed of, but in any event not less than three (3) years after final report submission.

(2) Records relating to projects subject to special project income provisions shall be retained until three (3) years from the end of the cooperator's fiscal year in which the cooperative agreement instrument requirement for reportino income expires, j

l (3) The NRC and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records cf the Cooperator's organization, and of the performing organization, if different, to make audits, examinations, excerpts and transcripts.

Further, any contract in excess of

$10,000, made by the Cooperator shall include a provision to the effect that the cooperator, NRC, the Comptroller General, or any of their duly authorized representatives, shall have access to pertinent records for similar purposes, i

(4) in order to avoid duplicate recordkeeping, NRC may make special I

arrangements with cooperators to retain any records that are needed for joint use. NRC may request transfer to its custody of records not needed by the Cooperator when it determines that the tycords possess long-terTn retention value. When the records

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. l are transferred to or maintained by NRC, the three (3) year retention requirement is not applicable to the Cooperator. In the event that these provisions are exercised. NRC will negotiate a mutually agreeable arrangement with the Cooperator regarding reimbursement of costs..

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_ Payment and Financial Reportino S'*quirements Payments by NRC will be made by the method indicated on the face page.

Cooperator requests for payment, NRC payments, and Cooperator financial reporting requireinents shall be made in accordance with the following applicable OMB Circulars A-10?, Attachments H and J and/or A-110, Attachinerts G and I, as applicable.

a.

Methods cf Payment I.

Letters of Credit The letter of credit system may be used to provide funds to Cooperator organizations only under the following conditions.

When these conditions exist, use of the letter of credit method of payment is mandatory, except as noted below:

the cooperative agreement must be for a period of at least o

twelve (12) months; the cooperative agreement (or cooperative agreements) from o

a Federal grantor agency to a Cooperator organization must total at least $120,000. Note: The direct Treasury check method of payment must be used, in lieu of the letter of credit method, when the total of. cooperative agreement (s) is between $120,000 end $250,000 ar.d where the Federal grantor agtncy and the Treasury Dcparttent find a strong basis for waivirp the genertl rulc.

o the Cocperator has established (cr demonstrated its willingness to establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursement by the Cooperator; the Cooperator's financial management system meets the o

standards for fund control and accountability prescribed in Attachment G to OMB Circuler A-102, revised, for State and local governa.ents, or Attachment F to Circular A-110 for institutions of higher educhtion, hospitals, and other nonprofit organizations; and

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o the Cooperato,* agrees in writing to withdraw cash only when actually needei' for its disbursement, and to timely report cash disbursements and balances to the Federal grantor agency, and to impose the same standards for time and amount of withdrawals on any subcooperator organtrations with the understanding that failure to adhere to these provisions is just cause for revocation of the unobligated balance of the letter of credit.

2.

Direct Treasury Check (Advance Payment)

The direct Treasury check method (advance payment) is to be used under the following conditions:

o the cooperative agreement is for a period of less than twelve (12) months, or the cooperative agreement (s) from a single Federal grantor egency total less than $120,000 (or less than $250,000 if the orantor and the Department of the Treasury agree on a waiver);

o the Cooperator has established (or dernonstrated its willingness to establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursertent by the grantee; 3

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the Cooperator agrees to impose the same standards inr amount end timing of withdrawals on any subcooperater organizations, and; o

the Cooperator's financial rnanagement system meets the standards for fund control end accountability as prescribed in Attachment G to OMB Circular A-102, revised, for State end Local Governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other l

nonprofit organizations, whichever is applicable.

3.

Direct Treasury Check (Reimbursement Basis)

Retrtbursement by Treasury check is the preferred rethod c f j

paying a Cooperator organization whenever either:

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it has not established (or demonstrated its willingness to

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establish) procedures that will minimize the time elapsing between the receipt of Federal funds and their disbursement by the Cooperator; or o

its financial management system does not meet the standards l

for fund control and accountability prescribed in

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Attachment G to OMB Circular A-102, revised, for State and l

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9 Local Governments, or Attachment F to Circular A-110 for institutions of higher education, hospitals, and other nonprofit organizations.

10. Property Management Standards PrSperty shall be accounted for and managed in accordance with OMB Cirevlars A-102. Attachment N and/or A-110. Attachment N, as appifcable.

11. Procurement Standards

'a.

NRC Cooperators shall follow the requirements of the following applicable OMB Circulars: A-102. Attachment 0; A-110. Attachment O.

b.

In addition, unless these. provisions provide otherwise, prior written approval shall be obtained from the NRC Grant Officer before:

(1) Any of the research or other substantive project effort is contracted or otherwise transferred.

(2) Cont" acting for the comercial production or distribution of books, flims, or similar materials.

c.

NRC approvals will be made by the Grant Officer, who will specify which requirements of this cooperative aereenent must be y

flowed-down to satisfy the purposes of OMB Circulars A-102, and/or A-110 Attachment 0, as applicable.

d.

Cooptrator reovests for z.pprovals shall include an explanation of the need for the contracting, a proposed performance statement, justification for the price or estimated cost (including a detailed budget for cost-reimbursement type arrangements), and the basis for selecting the contractor,

]?. Revision of Financial Plans Cooperative agreement budget activity under this cooperative agreement is sub.iect to the requirements of OMB Circulars A-102, Attachnent K and/or A-110. Attachment J as applicable.

13. Procram Income Program income is subject to the policy prescribe'd by OMP Circulars A-102 Attachment E and/or A-110. Attachment D, as applicable, f

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l 4 14 EelutoryRequirements a.

Civil Rights This cooperative agreement is subject to Title VI of the Civil Rt:ots

- Act of 1964 (P.L.88-352); Title !Y, Sex Discrimination, of the Energy Reorganization Act of 1974, and Executive Order 11246, as amended, Parts II, III, and IV (for cooperative agreements over 110,000 within a twelve month period).

The Cooperator agrees that no person in the United States shall, on the ground of race, ser, color or national origin, be excluded from participation in, be deprived the benefits of, or be otherwise subjected to discrimination under any program or activity for which the cooperator receives financial support from NRC.

b.

Nondiscrimination Under Cooperative Agreements This cooperative agreement is subject to the provisions of the Rehabilitation Act of 1973, Public Law 93-112. The Cooperator therefore agrees that, "No otherwise qualified handicapped individual in the United States (as defined in section 7(6) of the Act), shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity Federal financial assistance."

Further, this cooperative agreenent is subject to the provisions of the Age Discrimination Act of 1975 (42 U.S.C. 6101). The Cooperator therefore agrees that no age discrimination will occur under this Federally assisted program.

15. Liability and Losses NRC assumes no liability with respect to any damages or loss arising out of any activities undertaken with the financial support of this cooperative agreement.

16. Site Visits The NRC, through authorized representatives, has the rioht, at eli reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as l

may be required. If any site visit is made by the NRC on the premises of the Cooperator or a contractor under a cooperative aareement, the Cooperator shall provide and shall require his contractors to provide all reasonable facilities and assistance for the safety and convenience of th*

Government representatives in the performance of their duties. All site

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visits and evaluations shall be performed in such a renner as will not unduly delay the work.

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17. Title to Equipment Unless otherwise specified in the cooperative agreement instrument, title to equipment purchased or fabricated with NRC cooperative agreement funds

.ty a college or university, other nonprofit organization, or a unit of State or local Government shall vest in the Cooperator institution, with l

the understanding that such equipment (or a suitable replacement obtained j

as a trade in) will remain in use for the specific project for which it w3s obtained.

18. Organizational Prior Approval System a.

In order to carry out its responsibilities for monitoring project performance and for adherir.g to cooperative agreerrent terms and conditions, each perfonning organization shall have a system to ensure that appropriate authorized officials provide necessary organizational reviews and approvals in advance of any action that would result in either the performance or modification of an NRC-supported activity where such approvals are required by the cooperative agreement instrument, including the obligation or expenditure of funds where the governing cost principles either prescribe conditions or require approvals.

b.

The organization shall designate an appropriate official or officials

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to review and approve the types of actions described in a., above.

Preferably, the official (s) should be the sane official (s) who sign (s) or. countersign (s) those types of requests that require submission to and approval by HRC. The designated official (s) shall not be the principal investigator or any official having direct responsibility for the actual conduct of the project, or a subordinate of such individual.

19. Star.dards for Financial Management Systems Cooperators shall have financial enanagemt tems that meet the requirements of OMB Circulars A-102. Attachment G and/or A-110 Attachment F as applicable.