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HomeMy WebLinkAbout32218STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) Agreement No. 15-377 AGREEMENT NUMBER 15·C0011 ~~~JSTRATI.O~ NUMBER t¥.3U6! 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Department of Pesticide Regulation CONTRACTOR'S NAME Fresno County 2. The term of this Agreement is: July 1, 2015 or upon final approval by the State, whichever occurs later, through February 29, 2016 3. The maximum amount $117,713.35 of this Agreement is: One hundred seventeen thousand seven hundred thirteen dollars and thirty-five cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A-Scope of Work Exhibit 8-Budget Detail and Payment Provisions Exhibit C*-General Terms and Conditions (GTC 610} Exhibit D ·Special Terms and Conditions Attachment 1 -Cooperative Agreement Attachment 2-California Food and Agricultural Code section 2281 4 Pages 2 Pages • 2 Pages •• 1 Page llems above shown wilh an Asterisk('}, are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http:/lwww.dgs.ca.gov/ols/Resources/StandardContractlanguage.aspx Items shown above with a double Asterisk("), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at htlp:l/www.cdpr.ca.gov/docslenforce/compendlvo/ 5/cooperative agreement. pdf IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) Fresno County A. POOCHIGI Board ADDRESS 1730 S. Maple Avenue, Fresno, CA 93702 STATE OF CALIFORNIA AGENCY NAME Department of Pesticide Regulation California Department of General Services Use Only [8] Exempt per: {d,~~~~~~!i.J.'LJ.~{)_!1J.{':j~-4;~W1-e;p...J'¥~frl@f.L ___ :-~ Delegation Letter 74.5 1001 I Street, Sacramento, CA 95814 ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By~/:$£>d &•;,hr;~ Deputy Scope Of Work Fresno County Agreement #15-C0011 Page 1 of 4 EXHIBIT A STANDARD AGREEMENT 1.This Agreement is entered into by the Department of Pesticide Regulation,hereinafter referred to as DPR,and Fresno County,hereinafter referred to as Contractor. 2. This Agreement will commence on the start date July 1,2015 as presented herein or upon final approval by the State,whichever is later and no work shall begin before that time. This Agreement is of no effect unless approved by the State.Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of noticed to proceed by the Contract Manager.This Agreement shall expire on February 29,2016.The services shall be provided during normal working hours. 3.The Project Representatives during the term of this Agreement will be: A. All official communications,except invoices,from the Contractor to DPR shall be directed to the attention of DPR Contract Manager,Erin Yee,at: Department of Pesticide Regulation Enforcement Branch,MS 3B 1001 I Street,P.O.Box 4015 Sacramento,CA 95812-4015 Phone:(916)445-3913 Fax:(916)445-3907 Email:Erin.Yee@cdpr.ca.gov B.All programmatic communications from DPR to the Contractor shall be directed to the attention of Les Wright,County Agricultural Commissioner,or designee at the following address and phone/fax numbers: Fresno County Agricultural Commissioner 1730 S.Maple Avenue Fresno,CA 93702 Phone:(559)600-7510 Fax:(559)445-2415 C. All payments from DPR to the Contractor shall be directed to: TREAS FRESNO CTY/AG COMM 1730 S.Maple Avenue Fresno,CA 93702 D.The Project Representatives during the term of this Agreement may be changed by mutual written agreement without the necessity of formal amendment to this Agreement. EXHIBIT A STANDARD AGREEMENT Fresno County Agreement*15-C0011 Page 2 of 4 4.Background and Purpose The objective of this contract is to assist DPR in carrying out its Enforcement Evaluation and Improvement Project (EEIP). The EEIP,and this contract,will assist DPR in its compliance with the Federal Insecticide Fungicide and Rodenticide Act (FIFRA)statutory requirements pursuant to delegated enforcement authority from U.S. EPA through the three-party Cooperative Agreement1 between U.S.EPA,DPR and County Agricultural Commissioners and Sealers Association,and Foodand Agriculture Code section 22812. Over the years,the number of enforcement actions,method of submission,level of interaction between the County Agricultural Commissioner (CAC)and DPR staff, requested detail,and the timing of submission has varied considerably.Recently,DPR has determined there is a need to increase communication and collaboration with the CAC in the tracking,development,and preparation of enforcement responses.DPR review of notice of proposed actions and civil penalty action hearing decisions prior to issuance will support and strengthen enforcement and assist the CACs with difficult or complicated enforcement action decisions.In addition,this collaboration will assist DPR in determining whether enforcement actions are warranted at the state level. EEIP activities include: •The collection of complete compliance and enforcement data from the CAC for the purpose of evaluating individuals and businesses licensed by the state to determine if enforcement action is warranted; •The evaluation of compliance and enforcement data to ensure statewide consistency with DPR policies,regulations and law,and identify trends that will be used to improve outreach and education to licensees;and, •The improvement of communication and collaboration between DPR and the CAC in the tracking,development,and preparation of enforcement responses as needed to establish and implement county agricultural commissioner enforcement. The work carried out under this contract includes the collection and submission of historical compliance and enforcement data.DPR will evaluate this data and dialogue with the CAC to determine if the enforcement responses are consistent and appropriate.In addition,collection and evaluation of several years'worth of compliance and enforcement data coupled with input from the CAC,will highlight Cooperative Agreement included as Attachment 1 of this Agreement Food and Agricultural Code section 2281 included as Attachment 2 of this Agreement. Fresno County Agreement*15-C0011 Page 3 of 4 EXHIBIT A STANDARD AGREEMENT chronic violatorsand allow DPR to pursue statewide enforcement actions against individuals and businesses licensed by the state. 5.Contractor Responsibilities A. Submit all complete inspections and associated follow-up inspections from January 1,2014 through December 31,2014 to DPR including: 1) Field Worker Safety Inspection Report (PR-ENF-103); 2)Pesticide Use Monitoring Inspection Report (PR-ENF-104); 3)Commodity Fumigation Use Monitoring Inspection Report (PR-ENF-105); 4) Field Fumigation Use Monitoring Inspection Report (PR-ENF-106); 5)Structural Fumigation Use Monitoring Inspection Report (PR-ENF-107); 6)Structural Use Monitoring Inspection Report (PR-ENF-108); 7)Pest Control Headquarters Inspection Report (PR-ENF-109);and, 8)Pest Control Business Headquarters Inspection Report (PR-ENF-110). B.Submit information pertaining to both pending and complete enforcement actions from January 1,2014 through December 31,2014 to DPR including: 1)Notice of Proposed Action; 2)Administrative civil penalty closing document (e.g.,Stipulation and Waiver or Order);and, 3)Enforcement/Compliance Action Summary form (DPR-ENF-046). C.Respond to any questions from DPR about the data,including how compliance data is linked to enforcement data. D.Communicate and collaborate with DPR 1) In the tracking,development,and preparation of enforcement responses as needed. 2)Provide input on proposed statewide enforcement actions against individuals and businesses licensed by the State. EXHIBIT A STANDARD AGREEMENT Fresno County Agreement*15-C0011 Page 4 of 4 6.DPR Responsibilities A.Evaluate,communicate and collaborate with CAC and staff regarding how compliance data is linked to enforcement data. B.Communicate and collaborate with the CAC and staff in the tracking,development, and preparation of enforcement responses as needed to implement county agricultural commissioner enforcement. C.Obtain input from the CAC to determine if enforcement action is warranted when evaluating compliance and enforcement data on individuals and businesses licensed by the state. Fresno County Agreement*15-C0011 Page 1 of 2 EXHIBIT B standard agreement Budget Detail and Payment Provisions 1.Invoicing and Payment A. In no event shall the Contractor request reimbursement from the State for obligations entered into or for costs incurred prior to the commencement date or after the expiration of this Agreement. B. For services satisfactorily rendered,and upon receipt and approval of the invoices by the DPR Contract Manager,DPR agrees to compensate the Contractor for actual expenditures incurred in accordance with the rate specified in paragraph 4 (Budget and Rates)of this Exhibit. C.The Contractor shall submit invoices quarterly,in arrears,to DPR for costs incurred pursuant to this Agreement.Payments will be made in arrears upon receipt and approval of invoice as stated below. D.Each invoice shall contain the following information: 1)The Agreement number 15-C0011; 2)The dates or time period during which the invoiced costs were incurred; 3)Expenditures for the current invoice and cumulative expenditures to date;and, 4)The signature of an authorized representative of the Contractor. E.Invoices shall be submitted in triplicate on the Contractor's printed letterhead and identified by a control number to: Department of Pesticide Regulation Attn:Accounts Payable P.O.Box 4015,MS 4A Sacramento,CA 95812-4015 F. DPR agrees to make payment as promptly as fiscal procedures permit,upon receipt of the invoice(s),subject to approval by the DPR Contract Manager,and contingent upon satisfactory completion of the terms of this agreement. G."Satisfactory completion"as used in this Agreement means that the Contractor has complied with all terms,conditions and performance requirements of this Agreement. 2.Budget Contingency Clause A. Itis mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient Fresno County Agreement*15-C0011 Page 2 of 2 EXHIBIT B STANDARD AGREEMENT funds for the program,this Agreement shall be of no further force and effect.In this event,the State shall have no liabilityto pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this agreement. B.This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the current year and/or any subsequent years covered under this Agreement.In addition,this Agreement is subject to any additional restrictions,limitations,or conditions enacted by the Congress or any statute enacted by the Congress or the California State Legislature which may affect the provisions,terms or funding of this Agreement in any manner. C. Iffunding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State shall have the option to either cancel this Agreement with no liability occurring to the State,or offer an Agreement amendment to the Contractor to reflect the reduced amount. 3.Prompt Payment Clause Payment will be made in accordance with,and within the time specified in,Government Code Chapter 4.5,commencing with Section 927. 4.Budget and Rates A.The total amount of the Agreement shall not exceed $117,713.35.The total amount of this Agreement is based on a mutually agreed upon allocation method determined by each county's workload measures and metrics in proportion to all counties. B.The Contractor shall not receive additional compensation for reimbursement or for costs not identified in this Agreement and shall not decrease the work to compensate therefore. Fresno County Agreement*15-C0011 Page 1 of 2 EXHIBIT D STANDARD AGREEMENT Special Terms and Conditions 1.Termination A.Either Party reserves the right to terminate this agreement without cause upon 30 days written notice to the other Party,or immediately in the event of a material breach.In the event of termination,Contractor shall be paid for all allowable costs incurred up to the date of termination and upon receipt of the final invoice. B. In the event that the total Agreement amount is expended prior to the expiration date, DPR may, at its sole discretion,terminate this Agreement with 30 days written notice to contractor. 2.Subcontracting Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted. 3.Harassment Free Workplace The Department of Pesticide Regulation (DPR)is committed to providing a safe,secure environment,free from sexual misconduct.It is policy of the Department that employees have the right to work in an environment that is free from all forms of discrimination,including sexual harassment.This policy specifically speaks to freedom from a sexually harassing act that results in the creation of an intimidating,hostile or offensive work environment or that otherwise interferes with an individual's employment or work performance.As a Contractor with DPR, you and your staff are expected to comply with a standard of conduct that is respectful and courteous to DPR employees and all other persons contacted during the performance of this Agreement.Sexual harassment is unacceptable,will not be tolerated;and may be cause for prohibiting some or all of the Contractor's staff from performing work under this Agreement. 4.Retention of Records/Audits For the purpose of determining compliance with Public Contract Code Section 10115,et seq.and Title 21,California Code of Regulations,Chapter 21,Section 2500 et seq.,when applicable,and other matters connected with the performance of the Agreement pursuant to Government Code Section 8546.7,the Contractor,subcontractors and the State shall maintain all books,documents,papers,accounting records,and other evidence pertaining to the performance of the Agreement,including but not limited to, the costs of administering the Agreement.All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement.The State,the State Auditor, FHWA,or any duly authorized representative of the Federal government having Fresno County Agreement*15-C0011 Page 2 of 2 EXHIBIT D STANDARD AGREEMENT jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part)shall have access to any books,records,and documents of the Contractor that are pertinent to the Agreement for audits,examinations,excerpts,and transactions,and copies thereof shall be furnished if requested. 5.Resolution of Disputes A. DPR reserves the right to issue an order to stop work in the event that a dispute should arise,or in the event that DPR gives the performing agency a notice that his Agreement will be terminated.IfDPR exercises this right, the stop-work order will be in effect until the dispute has been resolved or this Agreement has been terminated. B. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by agency employees normally responsible for the administration of this agreement,shall be brought to the attention of the Executive Officer or designated representative of each agency for joint resolution. C.The Contractor shall continue with the responsibilities under this agreement during any dispute until the expiration of this Agreement or notified to stop work. Fresno County Agreement*15-C0011 Page 1 of 1 ATTACHMENT 2 STANDARD AGREEMENT FOOD AND AGRICULTURAL CODE -FAC DIVISION 2.LOCAL ADMINISTRATION [2001 -2344] (Division 2 enacted by Stats.1967,Ch.15.) CHAPTER 2.County Agricultural Commissioners and Their Employees [2101 - 2287] (Chapter 2 enacted by Stats.1967,Ch.15.) ARTICLE 8.Powers and Duties [2271 -2287] (Article 8 enacted by Stats.1967,Ch.15.) 2281. Except as otherwise specifically provided,in all cases where provisions of this code place joint responsibility for the enforcement of laws and regulations on the director and the commissioner,the commissioner shall be responsible for local administration of the enforcement program.The director shall be responsible for overall statewide enforcement and shall issue instructions and make recommendations to the commissioner.Such instructions and recommendations shall govern the procedure to be followed by the commissioner in the discharge of his duties.The director shall furnish assistance in planning and otherwise developing an adequate county enforcement program,including uniformity,coordination,training,special services,special equipment,and forms,statewide publicity,statewide planning,and emergency assistance. The instructions and recommendations shall include a cost analysis of the local administration of such programs,determined from data supplied by the commissioner pursuant to Section 2272.Such cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided.The director shall develop,jointly with the commissioners,county priorities for such enforcement programs and activities. The director shall report annually to the Legislature his findings concerning the cost analysis with specific regard to programs where funds are inadequate for an efficient enforcement program,together with a listing of the priorities jointly established by the director and the commissioners that are contained in the formal instructions and recommendations of the director. (Amended by Stats.1980,Ch.820. Note:See this section as modified on July 17,1991,in Governor's Reorganization Plan No. 1 of 1991.) CONTRACT NAME:Enforcement Evaluation and Improvement Proiect CONTRACT NUMBER:15-C0011 REVIEWED AND RECOMMENDED FOR APPROVAL: Department Head's Signature Les Wright Agricultural Commissioner/Sealer FOR ACCOUNTING INFORMATION ONLY: Org:40101005 Account:3545 Fund:0001 Program:0 Subclass:10000 APPROVED AS TO LEGAL FORM: Daniel C.Cederborg,County Counsel By:JWA ^Deputy County Coun \ APPROVED AS TO ACCOUNTING FORM: O&ft^yVBy Vicki Crow,C.P.A. Auditor-Controller/Treasurer-Tax Collector CCC-307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Corttractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number FRESNO COUNTY-DEPARTMENT OF AGRICULTURE 94-6000512 By (Au horized Si natu~) ~ 1 1/ll' fA '-\} _ ) -0~ (JI'Ll. A IA..vJ Printed Name and Title of Person Signi~%J DEBORAH A. POOCHIGIAN, CHAvMAN, BOARD OF SUPERVISORS Date Executed Executed in the County oj ATTEST: BERNICE E. SEIDEL, Clerk AUGUST 11, 2015 FRESNO Board of Supervisors By~!;;,.~ (h_; ~'W Deputy CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2, Section 81 03) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifYing employees that unlawful manufacture, distribution, dispensation, possession or use of a. controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to infoJ.Til employees about: I) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: I) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the ' ·' certification by failing to cany out the requirements as noted above.(Gov.Code §8350 et seq.) 3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION:Contractor certifies that nomorethanone(1)final unappealable finding of contempt ofcourtby a Federal courthas been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply withanorderofa Federal court,whichorders Contractor to comply with an order ofthe National Labor Relations Board.(Pub.Contract Code §10296) (Not applicable to public entities.) 4.CONTRACTS FOR LEGAL SERVICES $50.000 OR MORE-PRO BONO REQUIREMENT:Contractorhereby certifiesthat contractorwill comply with the requirements of Section 6072 of the Business and Professions Code,effective January 1. 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during eachyearofthe contract equal tothe lessor of 30 multiplied bythe number of full time attorneys inthe firm's offices inthe State,with the number of hours prorated onan actual day basis forany contract period of less than a full year or 10%of its contract with the State. Failure to make a good faith effort may be cause for non-renewal ofastate contract for legal services,and may be taken into account when determining the award of future contracts with the State for legal services."to" 5.EXPATRIATE CORPORATIONS:Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6.SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories,or the procurement of equipment,materials,or supplies,other than procurement related toa public works contract,declare under penalty of perjury that no apparel garments or corresponding accessories,equipment,materials,or supplies furnished to the state pursuant tothe contract have been laundered or produced in whole orin part by sweatshop labor,forced labor,convict labor,indentured labor under penal sanction,abusiveforms of childlaboror exploitation of childreninsweatshop labor,or with the benefit of sweatshop labor,forced labor,convict labor,indentured laborunder penal sanction,abusive forms of child labor or exploitation of children in sweatshop labor. The contractorfurther declaresunder penalty of perjurythat they adhere tothe Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov,and Public Contract Code Section 6108. b.The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,documents,agents or employees,or premises if reasonably required by authorized officials of the contracting agency,the Department of Industrial Relations. or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7.DOMESTIC PARTNERS:For contracts over $100,000 executed or amended after January 1,2007,the contractor certifies that contractor isin compliance with Public Contract Code section 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1.CONFLICT OF INTEREST:Contractor needs to be aware of the following provisions regarding current or former state employees.If Contractor has any questions on the status of any person rendering services or involved with the Agreement,the awarding agency must be contacted immediately for clarification. Current State Employees (Pub.Contract Code §10410): 1).No officer or employee shall engage in any employment,activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency,unless the employment,activity or enterprise is required asa condition of regular state employment. 2).No officer or employee shall contract on his or her own behalf as an independent contractor withanystate agency to provide goods or services. FormerState Employees (Pub.Contract Code §10411): 1).For the two-year period from the date heor she left state employment,no former state officer or employee may enter into a contract in which heor she engaged in any of the negotiations,transactions,planning,arrangements or any part of the decision-making process relevant tothe contract while employed in any capacity by any state agency. 2).For the twelve-month period from the date he or she left state employment,no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior tohisorher leaving state service. If Contractor violates any provisions of above paragraphs,such action by Contractor shal renderthis Agreement void.(Pub.Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission,payment for preparatory time and payment for per diem.(Pub.Contract Code §10430 (e)) 2.LABOR CODE/WORKERS'COMPENSATION:Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation orto undertake self-insurance in accordance withthe provisions,and Contractor affirms to comply withsuch provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3.AMERICANS WITH DISABILITIES ACT:Contractor assures the State that it complies withthe Americans with Disabilities Act (ADA)of 1990,which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issuedpursuanttotheADA.(42 U.S.C.12101 et seq.) 4.CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5.CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a.When agreements are to be performed in the state by corporations,the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b."Doing business"is defined in R&TC Section 23101 as actively engaging inany transaction forthe purposeof financial orpecuniarygainor profit.Althoughthereare some statutory exceptions to taxation,rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outsideof California)must bein good standing inordertobe qualified todo business in California.Agencies will determine whethera corporation isin good standing by calling theOfficeofthe Secretary of State. 6-RESOLUTION:A county,city,district,orotherlocal public bodymust provide the State witha copyofa resolution,order,motion,or ordinance ofthe local governing body which bylawhas authority to enter intoan agreement,authorizing execution ofthe agreement. 7.AIR OR WATER POLLUTION VIOLATION:Under the State laws,the Contractor shall notbe:(1)in violation of any order or resolution not subject to review promulgated by the State Air Resources Board oranair pollution control district;(2)subject to cease and desist ordernot subject to review issued pursuant to Section 13301 ofthe Water Codefor violation of waste dischargerequirementsor dischargeprohibitions; or (3) finally determined to be in violation of provisions of federal law relating toairorwater pollution. 8.PAYEE DATA RECORD FORM STD.204: This form must be completed by all contractorsthat are not another stateagency or other governmentalentity.