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to cost reported in accordance with Articie 5.b. Such submission shall be addressed to the Director, Finance Division, Nevada Operations Office, Atomic Energy Commission, P.O. Box 14100, Las Vegas, Nevada 89114. d. Financial Plan
From time to time, the VVOO and the WERL will agree upon a financial plan which will be within the total amount of funds then currently available to the Commission for performance of work under this Agreement. The WERL agrees to use its best effort to keep allowable expenditures and commitments under the Agreement within such program cost levels as are included in the then current financial plan. Such financial plan shall indicate such items, if any, as are limitations to be followed by the WERL. Whenever it becomes apparent that any such program cost level will be exceeded, the WERL will inform VVOO of this and of the WERL'S estimate of the amount of such anticipated excess and will submit to NVOO a Revised Budget Estimate containing a complete explanation and justification for the increase.
ARTICLE 3-ACCOUNTS AND RECORDS The WERL will maintain accounting records and submit to NVOO periodic financial reports relative to costs changeable to the NVOO hereunder, as follows:
a. The WERL will segregate and maintain records of all costs changeable to the NVOO with costs broken down by AEC program, budget and reporting classification, and such other cost categories as NVOO may require.
b. The WERL will furnish the Director, Finance Division, NVOO with monthly statements of costs at such time of the month and in such form and detail as is required by NVOO.
c. The WERL will open its files relative to services under this Agreement to YVOO at any reasonable time.
All property purchased or fabricated, the cost of which is changeable to the NVOO under this Agreement and property furnished by the NVOO or any of its cost-type contractors in connection therewith, will be the property of the YVOO. Such property will be identified and administered in accordance with such instructions as may be issued by NVOO.
In performance of the classification function under this Memorandum of Understanding, the Director, WERL, shall assign classification to all documents, materials, or work projects in accordance with classification guidance furnished by the AEC and/or NVOO.
a. ITERL’s Responsibility to Safeguarı Restricted Data, Formerly Restricted Data, and Other Classified Information. In the performance of the work under this Agreement, WERL shall, in accordance with the Atomic Energy Commission's security regulations and requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified information and protecting against sabotage, espionage, loss and theft, the classified documents and material in the WERL's possession in connection with the performance of work under this Agreement. Except as otherwise expiressly provided in this Agreement, the WERL shall, upon completion or termination of this Agreement, transmit to the ('ommission any classified matter in the possession of WERL or any person under the WERL's control in connection with performance of this Agreement. If retention by the WERL of any classitied matter is required after the completion or termination of the Agreement and such retention is approved by the Contracting Officer, the WERL will complete a certificate of possession to be furnished to the Atomic Energy Commission specifying the classified matter to be retained. If retention is approved by the Contracting Officer, the security provisions of the Agreement will continue to be applicable to the matter retained.
b. Regulations. WERL agrees to conform to all security regulations and requirements of the Commission and shall be responsible for the submission of security statements to the NVOO in accordance with AEC Manual requirements.
c. Definition of Restricted Data. The term "Restricted Data" as used in this article means all data concerning (1) design, manufacture, or utilization of atomic weapons, (2) the production of special nuclear material, or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954.
d. Definition of Formerly Restricted Data. The term "Formerly Restricted Data," as used in this article, means all data removed from the Restricted Data category under Section 142 d. of the Atomic Energy Act of 1954, as amended.
e. Security Clearance of Personnel. The WERL shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required.
f. Criminal Liability. It is understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified information relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to WERL or any person under the WERL's control in connection with work under this Agreement may subject the WERL, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq; 18 U.S.C. 793 and 794; and Executive Order 10501, as amended.)
g. Subcontracts and Purchase Orders. Except as otherwise authorized in writing by the contracting officer, the WERL shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this Agreement.
ARTICLE 9-SAFETY, HEALTH AND FIRE PROTECTION
The WERL agrees to take all steps and all precautions to protect health and to minimize danger from all hazards to life and property, in accordance with WERL standards. WERL further agrees to make reports and permit NVOO to conduct safety inspections regarding the methods of conducting safety, health and fire protection activities.
ARTICLE 10-INSPECTIONS AND AUDITS
VVOO will at all reasonable times have access to the facilities and records of the WERL pertaining to the work under this Agreement for the purpose of inspection and audit, and the WERL shall provide NVOO with facilities for such inspection and audit.
ARTICLE 11--PRESERVATION OF RECORDS
Subject to such other disposition as may be agreed upon by the WERL and the NVOO, the WERL shall preserve accounting records as prescribed by General Records Schedules which govern all civilian agencies.
a. Whenever any invention or discovery is made or conceived by the WERL or its employees in the course of or under this Agreement, the WERL shall promptly furnish the NVO0 with complete information thereon; and the NVOO shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to and rights in and to any invention or discovery and any patent application that may result. The judgment of the NV00 on these matters shall be accepted as final; and the WERL, for itself and for its employees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the NVOO.
b. No claim for pecuniary award or compensation under the provisions of the Atomic Energy Act of 1954, as amended, shall be asserted by the WERL or its employees with respect to any invention or discovery made or conceived in the course of or under this Agreement.
c. Except as otherwise authorized in writing by the NVOO, the WERL will obtain patent agreements to effectuate the purposes of pa ragraphs a and b of this Article from all persons who perform any part of the work under this Agreement, except such clerical and manual labor personnel as will not have access to technical data.
d. Except as otherwise authorized in writing by the NVOO, the WERL will insert in all subcontracts provisions making this Article applicable to the subcontractor and its employees.
e. It is recognized that during the course of the work under this Agreement, the WERL or its employees may from time to time desire to publish, within the limits of security requirements, information regarding scientific or technical developments made or conceived in the course of or under this Agreement. In order that public disclosure of such information will not adversely affect the patent interests of the AEC or the WERL, patent approval for release and publication shall be secured from the N100 prior to any such release or publication.
f. With respect to any U.S. Patent Application filed by the WERL on any invention or discovery made or conceived in the course of the Agreement, the WERL will incorporate in the first paragraph of the U.S. Patent Application the following statement: “The invention described herein was made in the course or, or under, an agreement with the U.S. Atomic Energy Commission."
ARTICLE 13—REPORTS, INFORMATION AND DATA a. The WERL will submit to NVOO, and others upon the request of NVOO, periodically and at such other times as may be required, technical and other reports regarding the progress of the work and results of information arising therefrom, and upon completion of the work will furnish a final report summarizing its activities, findings, and conclusions pertaining to the work performed under this Agreement. Such reports shall be freely usable by the NVOO for any purpose whatsoever.
b. Except as otherwise authorized in writing by the NVOO, the WERL will insert in any subcontract provisions making this Article applicable to the subcontractor and its employees and consultants.
c. In connection with peaceful nuclear explosive experiments, WERL will use its best efforts to prevent public disclosure or dissemination of technical information or data which are designated by an industrial participant as "company confidential" or "proprietary."
d. Information or data which could have immediate public health and safety implications to areas of off-site operations involving underground testing or rocket firing, will be jointly reviewed by WERL and NVOO on an expedited basis so that such information or data will be promptly released.
e. Information or data involving national policy considerations or having agency-wide implications would be jointly reviewed on an expedited basis by WERL and NTOO and referred by either or both organizations to their respective headquarters for coordination and resolution prior to release by either agency. As an example, any information (such as long-range trajectories) having broad national policy implications, including information either related to or interpreting U.S. conformance to the Limited Test Ban Treaty, would require AEC, State Department, and where applicable, other W: hington agency ap. proval prior to release.
f. Routine information or data not covered by paragraphs c, d and e above may be released by WERL subject to appropriate classification and security reviews.
ARTICLE 14—CORRESPONDENCE All correspondence of policy nature or involving interpretation of this Agreement from the WERL to NVOO will be sent to the Manager, NVO0, and all such correspondence from NVOO to the WERL will be sent to the Director, WERL.
This Agreement will continue in effect unless and until it is terminated by agreement of the parties or is terminated by either party upon sixty (60) days' written notice of termination to the other party.
ARTICLE 16-TRANSITION FROM FORMER AGREEMENT
a. On and after the effective date of this Agreement, all rights and obligations of the parties with respect to work described herein, shall be governed by the provisions of this Agreement. Prior to said effective date, the rights and obligations of the parties shall be controlled by the provisions of the USPHS Memorandum of Understanding No. SF-54-373.
b. The rights and obligations of the parties which have been incurred or which have accrued or matured under the provisions of ( SPHS Memorandum of i'nderstanding No. SF-54-373, on or prior to the effective date of this Agreement, shall in no wise be impaired, limited, enlarged, or effected by reason of the provisions of this Agreement.
c. All materials, tools, machinery, equipment, supplies and other property ; all drawings, designs, specifications, and other engineering, technical scientific and operating data furnished to or acquired by the l'SPHS in connection with work under CSPHS Memorandum of Understanding No. SF-51373, to the extent that they are in the custody or possession of the WERL on the effective date of this Agreement, shall remain in the custody or possession of the WERL for use in connection with the work under this Agreement, unless otherwise directed by the NVOO.
d. All purchase orders, subcontracts, leases, licenses, permits, and other contractual commitments with third parties entered into pursuant to USPHS Memorandum of Understanding No. SF-54-373, and outstanding on the effective date of the Agreement, shall continue in effect for use in commection with the work to be performed under this Agreement unless otherwise directed by the NVOO, and the reimbursement of costs incurred after the effective date of the Agreement, shall be subject to the provisions of this Agreement.
('. S. ATOMIC ENERGY COMMISSION,
Janager, NTOO, AE('.
Assistant Administrator for
ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C., May 18, 1971.
Ilon, ROBERT J. WHITE,
DEAR Bob: This is in regard to the National Marine Fisheries Service Biologi. cal Research Laboratory, Milford, Connecticut, and the Environmental Protection Agency's National Marine Water Quality Laboratory. Narragauseit, Rhode Island. Our respective staffs have been involved in an examination of activities at these laboratories at the project level. It was concluded that no current or planned research effort is duplicative.
The Environmental Protection Agency and the National Oceanic and Atmospheric Administraton have strong needs for information on the marine environment and its life. The kind of information required in type, degree, emphasis. and time frame differ unquestionably because of the mission of the respective Agencies. The difference in needs for basic research lies in the fundamental approaches to problems inherent in their missions.
I am aware of the fact that the National Oceanic and Atmospheric Adminis. tration is concerned with predicting the abundance and distribution of marine resources. Achievement of this objective makes it necessary to obtain information on the biology of fishes and shellfish and on the effect of environmental changes on these resources.
As you are aware, the Environmental Protection Agency has as a part of its mission the protection of the marine environment from the impacts of man as
manifested in the development of water quality criteria and the establishment of water quality standards.
The nature of the scientific problems in this research area is such that a degree of complementary effort is highly desirable for both Agencies in order to carry out their respective programs. It should be noted that the magnitude of the problems that confront each agency with respect to the environment are extremely complex and vast. The solution of these problems lies far beyond the present resources of the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and other concerned agencies. The development of a coordinating mechanism to ensure that the research programs of these agencies will continue to be complementary has been initiated.
In regard to the National Marine Fisheries Service Biological Research Laboratory at Milford, Connecticut, and the Environmental Protection Agency's National Marine Water Quality Laboratory, Narragansett, Rhode Island, continuous action is being taken to insure that the programs are not duplicative and are definitely complementary.
I wish to express my agreement with the above findings of our staffs, and assure you of my support for detailed continued coordination of these laboratory programs. Sincerely yours,
STANLEY M. GREENFIELD,
Research and Monitoring.
ENVIRONMENTAL PROTECTION AGENCY.
AIR POLLUTION CONTROL OFFICE,
Durham, N.C., January 18, 1971. MARCUS M. KEY, M.D., Director, Bureau of Occupational Safety and Health, Rockville, Ma.
DEAR DR. KEY: The Bureau of Criteria and Standards, Air Pollution Control Office, Division of Health Effects Research, would like to enter into an agreement with the Bureau of Occupational Health, Department of Health, Education, and Welfare. The purpose of this agreement with your agency would be to analyze human hair specimens for certain trace elements specified below. These analyses are part of the follow-up of the Helena Valley Area Environmental Health Study started in the fall of 1969. Data obtained will be used to supplement and compare results obtained from the earlier study.
The work will consist of analyzing approximately 185 human hair specimens for As, Cd, Cu, Pb and Zn at a cost of approximately $15 per specimen. It is understood that the work will be accomplished at the Western Area Occupational Health Laboratory, Salt Lake City, Utah, under the direction of Dr. R. Hendricks.
Funds in the amount of $2,775 will be made available from FY 71 appropriations for this project. The period covered by this agreement is from February 1971 through June 1971. Changes may be made to this agreement with the mutual consent of the representatives of our respective agencies providing the total cost is not exceeded. Changes involving an increase in funds, if required, will be made through this office.
Request for payment should be made by submitting a Standard Form 1081 (set of eight) to the Fiscal Office, Office of Administration, Air Pollution Control Office, 411 West Chapel Hill Street, Durham, North Carolina, 27701. Attention: Examination Unit. An itemized statement of costs should accompany the request for payment. Please list the following obligation number and code on any request for payment: 690109 1-9224361.
Dr. Douglas I. Hammer, Ecological Research Branch, Division of Health Effects Research. FTS 919 688–8483, is our project officer and Mr. George J. Butler, Chief, Bureau of Occupational Safety and Health Western Area Occupational Health Laboratory, is the BOH representative.