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APPENDIX C FEMA CLAUSES The Parties shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 2 of the Code of Federal Regulations, Part 200.("2 CFR 200"), including Appendix II to such Part ("Appendix II"). In addition, the Parties agrees as follows: 1. Client is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Consultant's .compliance with the terms of this Agreement, .except to the extent expressly provided otherwise by this Agreement. 2. Client may terminate this Agreement for cause or convenience in accordance with the procedures set forth in this Agreement. 3. Compliance with the Davis -Bacon Act and Copeland Anti -Kickback Act as applicable to the Services. a. Consultant shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. b. Subcontracts. Consultant and any subcontractors to Consultant shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontractors. The prime contractor shall be responsible for compliance by any Consultant, Subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor, consultant and subcontractor as provided in 29 CFR §5.12. 4. Compliance with the Clean Air Act and the Federal Water Pollution Control Act. a. Clean Air Act (i) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the. Clean Air Act, 42 U.S.C. §7401 et seq. (ii) Consultant agrees to report each violation to Client (as defined in the Agreement) and understands and agrees that Client will, in turn, report each violation as required to assure notification to FEMA and the appropriate Environmental Protection Agency Regional Office. (iii) Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. b. Federal Water Pollution Control Act (i) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (ii) Consultant agrees to report each violation to Client and understands and agrees .that Client will, in turn, report each violation as required to assure notification to FEMA and appropriate Environmental Protection Agency Regional Office. (iii) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." 5. Suspension and Debarment a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Consultant is required to verify that none of Consultant, its principals (defined at 2:C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180��0� PSA w/ FEMA Clauses Page 10 of 13