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10. Reporting Recipient must submit annual performance reports to Agency no later than January 15th of each year during the term of the agreement and a final report at project completion. Payments may be withheld until Agency receives and approves required reports. The reports shall be submitted to the DEQ Project Officer and may be provided electronically. Reports shall generally contain brief information on each of the following: (a) A comparison of actual. accomplishments with the goals and objectives established for the reporting period. (b) Reasons why established goals were not met, if appropriate. (c) Other pertinent information on progress of the project. Recipient shall immediately notify Agency. of developments that have a significant impact on the Agreement supported activities, in case of problems, delays or adverse conditions which materially impair the ability to meet the objectives of the Agreement. This notification shall include a statement.of the action taken or contemplated and any assistance needed to resolve the situation. 11. Project Identification Reports, documents, and signage developed as part of projects funded by this Agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement CO-000451- 04 to the Oregon Department of Environmental Quality. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 12. Project Evaluation Grant recipients must evaluate and report on project successes and shortfalls. A report which evaluates project effectiveness must be submitted to DEQ one year after the submission of the project completion report. Evaluation may be tailored to the specific project, based on factors such as the project's size and objectives. To the extent possible, reports should include reductions in nonpoint source loading achieved and the amount of improvement in water quality and aquatic habitat as a result of the project. 13. Grant Requirements ' (a) As asub-recipient of federal grant funds, pursuant to this Agreement with the state, Recipient shall assume sole liability for that Recipient's breach of the conditions of the grant, and shall, upon Recipient's breach of grant conditions that requires the state to return funds to the grantor, hold harmless and indemnify the state for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of the Recipient of grant funds, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the Organizations) are applicable, as appropriate to this award. funds, complies. with the_Hotel and Motel_Fire_Safety Act of 1990. _ _ (d) The Recipient agrees to comply with the requirements of OMB_Circular A-133, "Audits_of States,_Local Governments, and_Non-Profit Organizations". (e) The Recipient agrees to comply with the requirements of Section 6002 of the Resource Conservation and Recovery Act (RC~3A) (42 _ U.S.C. 6962). Regulations-under RCRA Section 6002 apply to acquisitions of certain products where the purchase price of such _._. products exceeds- 10;000 or wlfere-thy quantity of suchitems acquiredin the course of the prece~7in' g iiscal-year was $10;OU0 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials-identified in guidelines-developed by the-EPA. These guidelines are listed in 4t) CFR 247. -- 14. Small and Disadvantaged Business Utlllzatlon Requirements The Recipient agrees to comply with the requirements of the Environmental Protection Agency's (EPA) Program for Utilization of Small, Min ri. ___ ~d!1C4men's~EBuusiness_En_temrises in~rorur~rr~ent under~assistance agreements: _ _ ,_ (a) The Recipient accepts the applicable t=Y99 Minority Business Enterprise (MBE)I Women's' Business Enterprise (WBE) °fair share" goals/objectives negotiated with EPA by the Agency as follows: Supplies: 2.70% MBE 1.93% WBE _ Services: 5.39% MBE 2.23% WBE _ . Equipment: 0 MBE 1.47% WBE (b) The Recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (c) The Recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. (d) The Recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e), or 40 CFR 35.6580, as appropriate, and retain records documenting compliance. ___ (e) The Recipient agrees to submit FORM DEQ5700-52A "MBE/WBE._Utilization-Federal _Grants o_the Agency within 15_days of.._ the end of each Federal fiscal quarter within the Agreement term (January 15, April 15, July 15 and October 15). FORM DEQ5700-52A is attached as Exhibit C. (f1 If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the Recipient agrees to notify the Agency in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objective. Npsag[ N13 10/2003