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1 C0CPE IV GREEMENT NtmeER 2. M00! FICA 110N NWISER 3 P

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4. AUTHORITY Section 31a and 5. TYPE OF AWARD 6.000PERATOR TYPE j141b of Atomic Energy Actof 1954, as amended. )

,

_ Cooperative Agreement Ei

7.C00PERATOR NAME AND ADDRESS 8. PROJECT TITLE _" i

Jones R. Dickinson LibraryUniversity of Nevada at Las Vegas * Maintenance and Operation of The4505 Maryland Parkway Local Public Document Room (LPOR)"Los Vegas, Nevada 89154 )

9. PROJECT WILL 8E CONDUCTED PER 10. TECHNICAL REPORTS ARE REQUIREDC00PERATOR'S PROPOSAL (S)

-

PROGRESS AND FINALDATED AND FINAL ONLY

APPENDIX A - PROJECT COOPERATIVE AGREEMENT x OTHER (Quarterly)PROVISIONS x

11. PRINCIPAL INVESTIGATOR (S) NAME AND 12.NRCPROGRAMOFFICE(NAMEANDADDRESS)ADDRESS U.S. Nuclear Regulatory Commission-

LPDR Branch-ATTN: Jona L. Souder, Chie-same as Block 7 Division of Rules & Records

Office of Adm.Innn! Hn ann!Wa h DC 20555

T.1.nhan. un

13. ACCOUNTING AND APPROPRIATION DATA 14. METHOD OF PAYMENT

8&R No.: 940-20-06-25-0 ADVANCE BY TREASURY CHECK*

.

3 *REIMBURSEMENT 8Y TREASURY

FIN:- D24169 CHECK -

LETTER OF CREDITAPPN: 31XO200.940

OTHER(SPECIFY)o -

15. FUNDING SOURCES

SOURCE AMOUNT

NRC:

T g g RATIVE i_2,014.00 (ouarterly amounts o f $491.00 plus

PREVIOUSLY $50.00 for miscellaneous offtce,

O8 LIGATED $8UPP ile8.)-0-

COOPERATOR SHARE:.

THIS COOPERATIVE $ -0-

AGREEMENT'

-0-PRIOR COOPERATIVE $AGREEMENT

TOTAL FUNDING $ 2,014.00

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16. AMOUNT O8 LIGATED BY THIS COOPERATIVE $ .2 013.00AGREEMENT ACTION:

8904210086 890410

-3h -173 PDC

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Ij. diRd .l'.5b'!IiG Of f 1CE (1lri laid ADDiiE55)

' U.S. fluclear Regulatory ComissionOffice of Administration and Resources ManagementDivision of Contracts and Property ManagementWashington, D.C. 20555

lb.C00PERATOR 19. HRC GRAH1 Of flCER

hs MA.fa/98[ N/dh_ M(Signature) 6 A. . _

(Date) ($1ona tureT~7Eileen Nieneyer i jo [I;AME (TYPED) Mary Dale Dearan_ NAME (TYPED)

T)TLE Director of Libraries :

TELEPHONE H0. (702) 739-3286 TELEPHONE fi0. ('301 ) U2 7 5 70,_

fC. COOPERATIVE AGREEMENT PAYMENT INF0 PEAT 10N

.Paynent will be made within thirty (30) days af ter receipt of the hilling unless the billingis improper or the cooperator. has failed to comply with the program objectives, cooperativeagreement award conditions, federal reporting requirements or other conditions specified inOMB Circular A-102/A-110, whichever is applicable.

Payment will be made by:U.S. Nuclear Regulatory Coamission

jOffice o f Adenin i s t r a t ion and Resour,ces Managemen.t.~'

,

| Division o f Account ing and Finance. . FMC

|ATTN: GOV /COM ACCOUNTS '

Washington, D.C. 20555'

Vouchers should be submitted in an original and one (1) copy to the above address,on fonn f270 " Request for Advance or Reimbursement" (copy attached).

.

S. Attached is a copy of the "tiRC Project Cooperative Agreement Provisions for Institutions ofHigher Education and Other Nonprofit Organizations and State / Local Governments." Acceptance of;these terms and conditions is acknowledged when federal funds are used on this cooperative

"

agreement project.

?2. ORDER DE PRECEDENCE-

In the event of a conflict between the cod}erator's proposal and this f;otice of CooperativeAgreement Award, the terms of the !!otice of Cooperative Agreement Award shall prevail.

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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 WRK', $, 4, . ,

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COOPERATIVE AGREEMENT (LPDR)

1. BACKGROUND

The Local Public Document Room Branch within the Division of Rules andRecords, Office of Administration U. 5. Nuclear Regulatory Comission(NRC), is responsible for the overall establishment and maintenance oflocal public document rooms (LPDRs). The LPDR Branch reconrnends,develops, and implements programs, plans, objectives, and activities oflocal public document rooms, as well as coordinates the distribution ofdocuments to LPDRs.

The LPDR program provides scientific and technical information relatino tonuclear power plants. The document collections pemit and encoura:t thefree exchange of ideas and criticisms by the ceneral public in thelicensing of nuclear power plant construction and operation. The LPDRsare located in libraries maintained by state / local governments,

the " Cooperator") gher education and nonprofit organizations (hereinaf ter,institutions of hiin thuicinity 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 insurethat a uniform program of document maintenance af infomation services isprovided for LPDR patrons.

2. PERIOD OF PERFORMANCE2

. a. The period of performance hereunder shall commence on August 1,1988and shall continue through July 31, 1989 , unless sconerteminated or extended.

b. The Cooperator and the NRC, by mutual agreement, may extend theperiod of performance through the execution of supplementalagreements to this cooperative agreement, not to exceed a total offive (5) years. At the end of each year the Cooperator will berequired 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 tobe added to each local public document room collection (collection). NRCwill provide file folders, binders, labels, postcards for reportinorissir.o documents, envelopes for use in communicating with NRC, a User'sGuide,' filing and document retention instructions, etc. Also, theTKf-when notified by a library, will promptly replace any documents foundmissing from the collection. NRC will periodically visit each library toreview the collection, provide guidance and instructions to the librarystaff, monitor contractor perfomance, and identify /rcsc1vt problems erdiscre p ncies.

Incorporate irto resultant Cooperative Agreerrerit.*

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4. MAINTENANCE AND OPERATION OF THE LPDR

The Cooperator shall perform the following services relative to themaintenance and operation of the LPDR:

a. Properly file paper copy documents or microfiche received from NRCwithin one week of receipt in accordance with the filing systemprovided by NRC. To meet the particular needs of library patrons,this filing deadline may he extended upon the expressed approval ofthe Program Officer,

t, . Pefile documents or micrefiche used by patrons within the nextbusiness day,

c. Prepare file folders and folder labels when necessary.

d. Promptly file as well as display reference tools and finding aidsprovided by NRC (such as the LPDR HDTLINE toll free labels and signswhich identify the collection) as instructed,

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

;

f. Documents in the collection are not allowed to leave the LPDR library-

unless instructed to do sr, by the LPDR Branch, NRC.

9 Verk with the LPOR Branch staff and other NRC representatives, asnecessary, to answer questions and provide information en theavailability of documents and services, return documents sent in :

error, make arrangements for handling non-routine matters as theyarise, such as Freedom of Information Act responses.

h. Maintain the local public document room collection and NRC-furnishrdequipment as a physically unified collection.

1. Report promptly to the Program Officer the identificI tion ofdocunents found or reported to be missing from the collection.

5. USER ASSISTANCE

a. Provides patrons with reference assistance in locating documents andsufficient instructions to familiarize users with the filing system,the local public document room collection, the collection's referencetools and finding aids, the indexing system used for paper copies and'

microfiche copies of the collection, and use of the microfiche readerprinter.

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

.

6. ADMINISTRATIVE SERVICES

a. Insure that the NRC microfiche reader printer is in good operatingcondition. In the event the equipment requires repair or servicing,the library staff shall arrange to have an authortred servicerepresentative repair or service the equipment. The invoice ofcharges should be forwarded for payment to the NRC in accordance withthe instructions in USNRC LPDR Branch Newsletter entitled "LPDRUPDATE" (ATTACHMENT 1). A copy of the stoned werk order should besubmitted with the quarterly report and advance / reimbursement Form#270.

If the cost estimate exceeds $200.00, the Cooperator staff shallfirst contact the Program Officer by calling the toll free number800-638 8081.

b. Promptly inform the LPDR Branch of the NRC, either by the toll freetelephone number (800-638-8081) or in writing, of problems regardingthe use or maintenance of the collection. .

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c. As the need arises, the Cooperator shall acquire necessarymiscellaneous office supplies (storage boxes, hole punches, etc.) forperformance of the work required under this coccerative agreement.Approval of the NRC Program Officer is required prior to purchase of.

these supplies. Payment should be requested on the next quarterlyadvance / reimbursement Fom #270. Receipts for the supplies mustaccompany Fom #270. Charges for paper and lamps for the NRCmicrofiche reader printer are not allowable exper.ditures and will notbe reimbursed.

7. SPACE REQUIREMENTSi

Provide the following:

a. Adequate shelf or other filino space to maintsir the local publicdocument collectien.

b. Adecuate space near the dtcurent collection tc ltcate a inicrofichereader printer, a table for the reader printer, a rticrofiche filecabinet (s), and table and chairs for patrons using the collection,

c. Adequate reading space, lighting, heating and cooling, for users toreview the documents in the collectior..

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8. _ SUPPLY RE00!REMENTS

Maintain adequate supply of paper for the microfiche reader printer,a.

b.Maintain adequate supply of electric lamps for the microfiche readerprir.ter.

9. GOVERNMENT FURNISHED PROPERTY

The following items are to be furnished to the Cooperator, as needed, tosupport the collection, :

3M "800" microfiche reader printer, Model No. _s., Serial No.

_ _ _ , NRC Tag No. (1ea.),

'

b.Vertical visible upright cabinet fer cards and microfiche, 4x6 sire. '

7-drawers, 40" high,16" wide, 27" deep, with high leg base, steel,12"high,Shaw-Walker,ModelC-1419.(- ea.)

Reader printer sit-down stand, 30" high, top 36" x 30", Bell &c.Howell, Catalog No. 123002. (1ea.)

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

Thereafter, responsibility '

to maintain an adequate supply of paper and electric lamps rests with theCooperator. (Paper: 3M Dry Silver Paper. Type 795 81/2 x 250, 4 rollsper carton; Lamps: 3M, Order No. 78-8012-3601-5.) ,NRC authorizes theCooperator to charge fer copies made on the reader printer, to recoup

,

expenses fcr paper and lamps.

The Cooperator is autherfred, without cost to NPC, te install a coinoperated attachment to the reader printer; however, the cost a Cooperatormay charge for copies from microfiche may not exceed 10.25 per page copy, ;

unless it can be demonstrated to the Program Officer that operating costsrequire a higher per-page cost..

10. REPORTING REQUIREMENTS

a. Perfomance ReportsI

A quarterly perfomance report, utilizing the inmat as specified in IAttachment 2 shall be submitted within 20 days after each quarter's 1

!

end to the addressees listed below. For administrative purposes, itis requested the quarterly advance / reimbursement Fom #270) besubmitted simultaneously with this perfomance rep (ort, along with anyreceipts 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.However, for Cooperators who qualify for advance payment, the firstquarterly report will be submitted with Fom #270 for payment ofsecond quarter.

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U.S. Nuclear Regulatory ComissionATTN: Jona L. Souder, ChiefLocal Public Document Poom BranchDivision of Rules & RecordsOffice of Administratier,

Washington, DC 20555

U.S. Nuclear Regulatory Comissionsmall Purchases & Regional Operations Branch

' Division of ContractsOffice of AdministrationWashington, DC 20555

U.S. Nuclear Regulatory ComissionDivision of Accounting & FinanceATTN: GOV /COM Accounts SectionOffice of Resource ManagementWashington, DC 20555

b. Financial Reports,

!)

In accordance with OMP Circulars A-110. Attachment G and/or A-102,-

Attachment H, as applicable, the Cooperator shall use theStandardized Financial Status Report to report the status of fundsfor all nonconstruction projects or programs. Please note the NRCwill exercise the option to waive the filing of the StandardizedFinancial Status Report since the Request for Advance orReimbursement and/or Report of Federal Cash Transactions has beendetemined to provide adequate infomation, except that a finalFinancial Status Report shall be required at the completion of theproject when the Request for Advance or Reimburser.ent fem is usedonly for advances. |

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| APPENDIX A!

NRC PROJECT COOPERATIVE AGREEMENT PROVISIONS FORSTATE AND LOCAL GOVERNMENTS / NONPROFIT ORGANIZAT!0NS/

EDUCATIONAL INSTITUTIONSI

lThis cooperative agreement is subject to the following provisions: |1. Definitions

a. The tem " grant officer" means the person executing this cooperativeagreement on behalf of the Government and includes his successors orany duly authortred representative of any such person,

b. The term " cooperator" means the party entering irto this cooperativeagreement with the U.S. Nuclear Regulatory Comission (NRC). l

c. The tem " program officer" means the person in NRC Headquarters who !is responsible for the fichnical aspects of this cooperative '-

agreement.

d. The tem " Circular A-102" refers to Office of Management & BudgetCircular A-102 (Revised). Unifom Requirements for Assistance toState and Local Governments (January 1981).

e. The tem " Circular A-87" refers to Office of Mananement & BudoetCircular 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. Unifom Administrative Requirements for Grants andAgreements with Institutions of Higher Education Hospitals, andOtherNonprofitOrganizations(July 30,1976).

g. The term " Circular A-21" refers to Office of Management ' BudgetCircular A-21 (Revised), Cost Principles for Educational 4, "tutions(February 26,1979) and A-21 (Revised) Transmittal Memorandum ., *

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

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

2. General

a. This cooperative agreement is composed of a cooperative agreementface page (which may incorporate the Cooperator's proposal byreference) and the NRC Project Cooperative Agreement Provisions forState and Local governments / Nonprofit Organizations / EducationalInstitutions.

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b. This award constitutes acceptance by the NRC of the Cooperator'sproposal and budget unless otherwise indicated on the face page,

c. The Cooperator is obligated to conduct such project oversight as maybe appropriate, to manage the funds with prudence, and to comply withthe provisions outlined herein. Within this framework, the PrincipalInvestigator (PI) named on the cooperative agreement face page isresponsible for the scientific or technical direction of the projectand for preparation of the project perfomance reports.

>

d. This cooperative agreement is funded on a cost reimburtenent basisnot to exceed the amount awarded as indicated on the face page and is- ,

subject to a refund of unexpended funds to NRC. il

e. This cooperative agreement award is sut ject to the Unifom jAdministrative Requirements & Cost Principles of the following japplicable Office of Management and Budget (0MB) Circulars which are i

hereby incorporated by reference as though fully set forth herein. A '

copy of these circulars are hereby attached for your reference.

A-102 (Revised) "Unifom Reovirements for Assistance to State and i

Local Governments" (January 1981) {

A-87 " Cost Principles for State and Local Governments"(January 28,1981) |3

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

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A-21 (Revised) " Cost Principles for Educational Institutions"(February 26,1979) and A-21 (Revised) Transmittal .

!Memorandum No. 2 " Cost Principles for EducationalInstitutions"(June 4,1986)e

A-122 " Cost Principles for Nonprofit Organizations" (July 8, 1980) j

I3. Reportino Procram Technical Perfomancei

Cooperator is responsible for the perfomance under this cooperativeagreement and other agreements and, where appropriate, ensures that time <

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

4 Suspension or Temination for Cause

a. When, in the opinion of NRC, a Cooperator has failed tocompl with the terns and conditions of a cooperative agreement, NRCreay (y) suspend the cooperative agreement or (2) terminate the1

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cooperative agreement for cause, in accordance with OMB Circulars -A-102, Attachment L and/or A-II0, Attachment L, as applicable,

b. NRC prefers that deficiencies be corrected whenever practicable.When it is believed that a Ceoperator has failed to comply with oneor more of the tems and conditions of a cooperative agreement, theGrant Officer will advise the Cooperator by letter of the nature of |the problem and that failure to correct the deficiency may result insuspension or temination of the cooperative agreement. TheCooperator will be requested to respond in writing within 30 days ofreceipt of such letter, describing the action taken or the plan i

designed to correct the deficiency. Copies of such correspondencewill be furnished to the Principal Investigator (PI) and to the NRC '

Program Officer. If a satisfactory response is not received within30 days of receipt of such a letter, the Grant Officer may issue anotice suspending authority to further oblicate cooperative agreement

',

funds, in whole or in part. The notice of suspension will be sent bycertified mail (return receipt requested) to the Cooperator with acopy to the Pl. The notice will set forth the activities covered bythe suspension and its effective date, and the corrective actionrequired by the Cooperator in order to lift the suspension. However,this policy does not preclude imediate suspension or terminationwhen 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, noobligations incurred by the Cooperator during the period ofsuspension will be allowab'e under the suspended cooperative j

agreement other than necessary and proper costs that the Cooperator l

could not reasonably avoid during the period of suspension; provided )that such costs would otherwise be allowable under the applicableFederal cost principles,

d. The suspension will remain in effect for a maximum of 90 days durinowhich tiene the Cooperator will take corrective action to the

! satisfaction of NRC or give assurances satisfactory to NRC thatcorrective action will be taken. In that event, the Grant Officerwill issue a notification, to the Cooperator, that the suspension islifted.

| e. In the event the deficiency is not corrected to the satisfaction ofNRC, the Grant Officer may issue a notice of termination. Thenotice will state the reason (s) for the tennination and its effectivedate. The effective date shall reflect the fact that NRC may require i

|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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effective date of temination shall be allowable to the extent they,

would have been allowable had the cooperative agreement not bernterminated, except that no oblication incurred durino the period in,

which the cooperative agreement was suspended (except those allowedpursuant to c., above) will be allowed. The settlement of ;

termination costs will be in accordance with the applicable Federal icost principles. '

g. . Within ninety (90) days of the effective date of temination, theCooperator will furnish an itemired accounting of funds expended forallowable costs prior to the effective date of temination and theunexpended cooperative agreement balance.

5. Termination for Convenience

a. Circumstances may arise in which either NRC or the Cooperator wishesto teminate the cooperative agreement in whole or in part. Ifboth parties agree, the cooperative agreement may be teminated bymutual agreement, in accordance with OMB Circulars A-102, AttachmentL and/or A-110, Attachment L, as applicable.

b. If the Cooperator wishes to teminate the cooperative acreement,he/she shall advise the NRC Grant Officer, in writine, with a copy tothe cognizant NRC Program Officer.

c. If NRC wishes to teminate the cesperative agreement, the GrantOfficer will advise the Cooperator, in writing, with copies to the PI

' ' and the cognizant NPC Program Officer,

d. Within ten (10) days after receipt of a request frcm either party fortemination by mutual agreement. the other party will provide a.

written response agreeing or disagreeing with the request for -

temination. In the event of disagreement, the Grant Officer willmake a final decision and will give written notice to the Cooperator.If the decision is to terminate, the Grant Officer will also advisethe Cooperator of the effective date of the temination. Theeffective date shell reflect the fact that NRC may recuire a minir.ur.of nirety (90) days tc relocate tFe document cc11ectier.. The fir.a1decifico shell be sutject to the review procedures described inArticle 6 entitled, " Dispute Review Procedure,'' below.

e. The Cooperator shall not incur new obligations for the teminatedcooperative agreenent (or the teminated portion thereof, as the casemay be) after the effective date, and shall cancel as manyoutstanding obligations as possible. The NRC shall allow full creditto the Cooperator for the Federal share of the noncancellableobligations, properly incurred by the Cooperator prior totemination.

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6. Dispute Review Procedure

a. The Cooperator may request a review of a notice of termination orother adverse decision. The request should be in writing andaddressed to the Grant Officer. It must be postmarked no later thanthirty (30) days after the postmarked date of the notice oftermination,

b. The request for review must contain a full statement of the |

Cooperator's position and the pertinent facts and reasons in supportof such position.

c. The Grant Officer will promptly acknowledge receipt of therequest for review and shall forward it to the Director, Office ofAdministration, who shall appoint a review comittee consistino of a jminimum of three persons.

d. If the request for review has not been resolved by the effective date '

cf the termination set by the Grant Officer, the NRC may withhold ordefer payments under the cooperative agreement until the review hasbeen resolved,

e. The temination review comittee will request the Grant Officerwho issued the notice of temination to provide copies of allrelevant background materials and documents. It may, at itsdiscretion, invite representatives of the Cooperator and the NRC |

program office to discus's pertinent issues and to submit such'

additional information as it daems appropriate. The chairman of thereview comittee will insurr inat all review activities orproceedings are adequately documented.

f. Based on its review, the comittee will prepare its recommendationsto the Director, Office of Administration, who will advise theparties concerned of his/her decision. If the decision is to susteinthe temination, the Director. Office of Administration, may reaffirrrthe effective date for termination set by the Grant Officer or mayestablish a new termination date.

7. Allowable Costs

a. The allocability of costs and cost allocation rethods for workperformed under this cooperative agreement, up to the amountspecified in the cooperative agreement instrument, shall bedetemined in accordence with the applicable Federal Cost Principlesin effect on the effective date of the cooperative agreement and theterrr.s of the cooperative agreemert.

b. The Federal Cost Principles applicable to (1) State and Localgovernments, (2) Nonprofit Organizations, and (3) EducationalInstitution cooperators are respectively as follows:

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(1) Circular A-87

(2) Cirevlar A-122.

(3) Cirevlar A-21

8. Retention and Custodial Requirements for Records

Cooperators shall retain and permit examination of records in accordancewith OMB Circulars A-102. Attachment C and/or A-110 Attachment C, asapplicable. Cooperators shall place appropriate requirements onsub-cooperators as specified by that attachment.

a. Audit and Recordsi

Financial records, supporting documents, statistical records, and 1

other records pertinent to this cooperative agreement shall beretained by the Cooperator for a period of three (3) years fromsubmission of the Final Report.

(1) Records that relate.to audits, appeals, litigation, or thesettlement of claims arising out of the perfomance of theproject shall be retained until such audits, appeals,litigation, or claims have been disposed of, but in any eventnot less than three (3) years after final report submission.

~~ (2) Records relating to projects subject to special project income 1

provisions shall be retained until three (3) years from the end I

of the cooperator's fiscal year in which the cooperative l

agreement instrument requirement for reportino income expires.

(3) The NRC and the Comptroller General of the United States,or any of their duly authorized representatives, shall hataccess to any pertinent books, documents, papers, and records ofthe Cooperator's organfration, and of the performingorganization, 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 theeffect that the cooperator, NRC, the Comptroller General, or anyof their duly authorized representatives, shall have access topertinent records for similar purposes.

(4) In order to avoid duplicate recordkeeping, NRC may make specialarrangements with cooperators to retain any records that are i

needed for joint use. NRC may request transfer to its custody jof records not needed by the Cooperator when it determines that I

the records possess long-tern retention value. When the records

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are transferred to or maintained by NRC, the three (3) yearretention requirement is not applicable to the Cooperator. Inthe event that these provisions are exercised NRC willnegotiate a mutually agreeable arrangement with the Cooperatorregarding reimbursement of costs.

9. Payment and Financial Reportino Requirements

Payments by NRC will be made by the method indicated on the face page.Cooperator requests for payment, NRC payments, and Cooperator financialreportino requirements shall be made in accordance with the followingapplicable OMB Circurlars A-10?, Attachments H and J and/or A-110,Attachments 6 and I, as applicable.

a. Methods of Payment,

1. Lettees of Credit

The letter of credit system may be used to provide funds toCooperator organizations only under the following conditions.When these conditions exist, use of the letter of credit methodof payment is r.andatory, except as noted below:

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

twelve (12) months;

o the cooperative agreement (or cooperative agreements) froma Federal grantor agency to a Cooperator organfration musttotal at least $120,000. Note: The direct Treasury checkmethod of payment must be used, in lieu of the letter ofcredit method, when the total of cooperative agreement (s)is between $120,000 and $250,000 ard where the Federalgrantor agency and the Treasury Department find a strongbasis for waiving the generel rule,

o the Cocperator has established (or demonstrated itswillingness to establish) procedures that will minimize thetime elapsing between the receipt of Federal funds andtheir disbursement by the Cooperator;

o the Cooperator's financial renagement system ineets thestandards for fund control and accountability prescribed inAttachment G to OMB Circular A-102, revised, for State andlocal governments, or Attachment F to Circular A-110 forinstitutions of higher education, hospitals, and othernonprofit organizations; and

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O the Cooperator agrees in writing to withdraw cash only whenactually needed for its disbursement, and to timely report

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cash disbursements and balances to the Federal grantor !

agency, and to impose the same standards for time endamount of withdrawals on any subcooperator organizationswith the understanding that failure to adhere to theseprovisions is just cause for revocation of the unobligated|-balance of the letter of credit.

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2. Direct Treasury Check (Advance Payment)i

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

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o the cooperative agreement is for a period of less than |

twelve (12) months, or the cooperative agreement (s) frcm asingle Federal grantor agency total less than $120,000 (orless than $250,000 if the crantor and the Department of theTreasury agree on a waiver);

o theCooperatorhasestahlished(ordemonstratedits 4

iwillingness to establish) procedures that will minimize thetime elapsing between the receipt of Federal funds andtheir disbursement by the grantee;

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o the Cooperator agrees to impose the same standards for ,

amount and timing of withdrawals on any subecoperatororganizations, and;

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o the Cooperator's financial management system meets thestandards for fund control and accountability as prescribedin Attachnent G to DMB Circular A-102, revised, for Stateand Local Governments, or Attachment F to Circular A-110for institutions of higher education, hospitals, and othernonprofit organizations, whichever is applicable.

3. DirectTreasuryCheck(RtimbursementBasis)

Refrbursement by Treasury check is the preferred rethW c.fpaying a Cooperator organization wi.enever either:

o it has not established (or demonstrated its willingness toestablish) procedures that will minimize the time elapsingbetween the receipt of Federal funds and their disbursementby the Cooperator; or

o its financial management system does not meet the standards'for fund control and accountability prescribed in

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

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Local Governments, or Attachment F to Circular A 110 forinstitutions of higher education, hospitals, and othernonprofit organtrations.

10. Property Manage.w nt Standards

Property shall be accounted for and managed in accordance with OMBCirculars A-102, Attachment N and/or A-110. Attachment N, as applicable.

21. Procurement Standards

a. NRC Cooperators shall follow the requirements of the followingapplicable OMB Circulars: A-102 Attachment 0; A-110, Attachment O.

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

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

(2) Contracting for the commercial production or distributionof books, flims, or similar materials.

c. NRC approvals will be made by the Grant Officer, who willspecify which requirements of this cooperative agreement must beflowed-down to satisfy the purposes of OMB Circulars A-102,

3Attachment 0 and/or A-110,- Attachment 0, as applicable.

d. Cooptrator recuests for approvals shall include en explanation of ithe need for the contracting, a proposed pe.fornnce statement,justification for the price or estimated cost (including a detailedbudget for cost-reimbursement type arrangements), and the basis for

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selecting the contractor.

12. Revision of Financial Plans

cooperative agreement budget activity under this cooperative agreement issub,iect to the requirements of OMB Circulars A-102, Attachnent K and/orA-110. Attachment J, as applicable.

13. Procram Income

Program income is subject to the policy prescribed by OMP Circulars A-102,Attachment E and/or A-110. Attachment D, as applicable.

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14. Statutory Requirements !

a. _Ef1Richts

This cooperative agreement is subject to Title VI of the Civil RightsAct of 1964 (P.L. 88-352); Title IV. Sex Discrimination, of theEnergy Reorganization Act of 1974, and Executive Order 11246, as -amended Parts !!, !!!, and !Y (for cooperative agreements over$10,000 within a twelve month period).

The Cooperator agrees that no person in the United States shall, onthe ground of rare, sex, color or national origin, be excluded fromparticipation in, be deprived the benefits of, or be otherwise

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subjected to discrimination under any program or activity for which I

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 Itherefore agrees that,'"No otherwise qualified handicapped individual 1in the United States (as defined in section 7(6) of'the Act), shall i

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." iFurther, this cooperative agreement is subject to the provisions of j

the Age Discrimination Act of 1975 (42 U.S.C. 6101). The Cooperator '

' therefore agrees that no age discrimination will occur under thisFederally assisted program.

15. Liability and Losses ,

NRC assumes no liability with respect to any damages or loss arising outof any activities undertaken with the financial support of thiscooperative agreement.

16. Site Visits

The NRC, through authorized representatives, has the right, at allreasontble times, to make site visits to review project accomplishmentsand management control systems and to provide such technical assistance asmay be required. If any site visit is made by the NRC on the premises ofthe Cooperator or a contractor under a cooperative acreement, theCooperator shall provide and shall require his contractors to provide allreasonable facilities and assistance for the safety and convenience of th' qGovernment representatives in the performance of their duties. All site !visits and evaluations shall be perfomed in such a manner as will not )

unduly delay the work.

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17. Title to Eevipment

Unless otherwise specified in the cooperative agreement instrument, titleto equipment purchased or fabricated with NRC cooperative agreement fundsby a college or university, other nonprofit organization, or a unit of$ tate or local Government shall vest in the Cooperator institution, withthe understanding that such equipment (or a suitable replacement obtainedas a trade in) will remain in use for the specific project for which itwas obtained. .

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18. Organizational Prior Approval System

a. In order to carry out its responsibilities for monitoring projectperformance and for adhering to cooperative agreerent terms andconditions, each perfoming organization shall have a system toensure that appropriate authortred officials provide necessagorganizational reviews and approvals in advance of any action thatwould result in either the perfomance or modification of anNRC-supported activity where such approvals are required by thecooperative agreement instrument, including the obligation orexpenditure of funds where the governing cost principles eitherprescribe conditions or require approvals.

b. The organization shall designate an appropriate official or officialsto review and approve the types of actions described in a., above.Preferably, the officialfs) should be the sane official (s) whosign (s) or countersign (s) those types of requests that requiresubmission to and approval by NRC. The designated official (s) shallnot be the principal investigator or any official having directresponsibility for the actua' conduct of the project, or asubordinate of such individual.

19.. Star.dards for Financial Management Systems

Cooperators shall have financial r.anagement systems that meet therequirements of OMB Circulcrs A-102, Attachment G and/or A-110 AttachmentF, as applicable.