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EXHIBIT B FEDERAL AND STATE PROVISIONS This Exhibit is incorporated into the Contract entered into between Consultant and t he City of Pleasanton (City). I. DEFINITIONS a. Government means the United States of America and any executive department or agency thereof. b. FEMA means Federal Emergency Management Agency. c. CALTRANS means California Department of Transportation d. Third Party Subcontract means a subcontract at any tier entered into by Consultant or subconsultant, financed in whole or in part with Federal assistance originally derived from FEMA. II. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS AND ACKNOWLEDGEMENT OF FEDERAL FUNDING a. This is an acknowledgement that FEMA financial assistance and or Caltrans administered State and Federal grants will be used to fund all or a portion of the contract. The consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, Caltrans policies, procedures, and directives. b. Consultant agrees to include the above clause in each third-party subcontract financed in whole or in part with Federal assistance provided by FEMA or Federal Funds administered by Caltrans. It is further agreed that the clause shall not be modified, except to identify the subconsultant who will be subject to its provisions. III. CLEAN AIR ACT a. The consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. b. The consultant agrees to report each violation to the City and understands and agrees that City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. c. The consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. IV. FEDERAL WATER POLLUTION CONTROL ACT a. The 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. b. The consultant agrees to report each violation to the and understands and agrees that CITY will, in turn, report each violation as required to assure notification to the MCSTOPP, the Regional Water Quality Control Board (RWQCB), Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. G. The consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. V. BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. §1352 (as amended) The Consultant will be expected to comply with Federal statutes required in the Anti-Lobbying Act. Page 1 of 11 Federal and State Provisions Exhibit B