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3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the <br />Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of <br />disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 <br />U.S.C. 12101 et seq.) <br />4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as <br />listed on this Agreement. Upon receipt of legal documentation of the name change the State will <br />process the amendment. Payment of invoices presented with a new name cannot be paid prior <br />to approval of said amendment. <br />5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: <br />a. When agreements are to be performed in the state by corporations, the contracting agencies <br />will be verifying that the Grantee is currently qualified to do business in California in order to <br />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 transaction <br />for the purpose of financial or pecuniary gain or profit. Although there are some statutory <br />exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject <br />to the franchise tax. <br />c. Both domestic and foreign corporations (those incorporated outside of California) must be in <br />good standing in order to be qualified to do business in California. Agencies will determine <br />whether a corporation is in good standing by calling the Office of the Secretary of State. <br />6. RESOLUTION: A county, city, district, or other local public body must provide the State with a <br />copy of a resolution, order, motion, or ordinance of the local governing body which by law has <br />authority to enter into an agreement, authorizing execution of the agreement. <br />7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: <br />(1) in violation of any order or resolution not subject to review promulgated by the State Air <br />Resources Board or an air pollution control district; (2) subject to cease and desist order not <br />subject to review issued pursuant to Section 13301 of the Water Code for violation of waste <br />discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of <br />provisions of federal law relating to air or water pollution. <br />8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all grantees that <br />are not another state agency or other governmental entity. <br />19 <br />