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3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies <br />with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on <br />the basis of disability, as well as all applicable regulations and guidelines issued <br />pursuant to the ADA. (42 U.S.C. 12101 et seq.) <br />4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's <br />name as listed on this Agreement. Upon receipt of legal documentation of the name <br />change the State will process the amendment. Payment of invoices presented with a <br />new name cannot be paid prior to approval of said amendment. Any changes of the <br />Grantee's representative shall be notified to DBW within 30 days written notice on <br />Grantee's letterhead. <br />5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: <br />a. When agreements are to be performed in the state by corporations, the contracting <br />agencies will be verifying that the Grantee is currently qualified to do business in <br />California in order to ensure that all obligations due to the state are fulfilled. <br />b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any <br />transaction for the purpose of financial or pecuniary gain or profit. Although there are <br />some statutory exceptions to taxation, rarely will a corporate Grantee performing within <br />the state not be subject to the franchise tax. <br />c. Both domestic and foreign corporations (those incorporated outside of California) <br />must be in good standing in order to be qualified to do business in California. Agencies <br />will determine whether a corporation is in good standing by calling the Office of the <br />Secretary of State. <br />6. RESOLUTION: A county, city, district, or other local public body must provide the <br />State with a copy of a resolution, order, motion, or ordinance of the local governing body <br />which by law has authority to enter into an agreement, authorizing execution of the <br />agreement. <br />7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall <br />not be: (1) in violation of any order or resolution not subject to review promulgated by <br />the State Air Resources Board or an air pollution control district; (2) subject to cease <br />and desist order not subject to review issued pursuant to Section 13301 of the Water <br />Code for violation of waste discharge requirements or discharge prohibitions; or (3) <br />finally determined to be in violation of provisions of federal law relating to air or water <br />pollution. <br />8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all <br />Grantees that are not another state agency or other governmental entity. <br />16 <br />