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4.GRANTEE NAME CHANGE: <br />An amendment is required to change the Grantee's name as listed on this Agreement. Upon <br />receipt of legal documentation of the name change the State will process the amendment. <br />Payment of invoices presented with a new name cannot be paid prior to approval of said <br />amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 <br />days written notice on 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 <br />within 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. <br />Agencies will determine whether a corporation is in good standing by calling the <br />Office of the Secretary of State. <br />6.RESOLUTION: <br />A county, city, district, or other local public body must provide the State with a copy of a <br />resolution, order, motion, or ordinance of the local governing body which by law has authority <br />to enter into an agreement, authorizing execution of the agreement. <br />7.AIR OR WATER POLLUTION VIOLATION: <br />Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not <br />subject to review promulgated by the State Air Resources Board or an air pollution control <br />district; (2) subject to cease and desist order not subject to review issued pursuant to Section <br />13301 of the Water Code for violation of waste discharge requirements or discharge <br />prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to <br />air or water pollution. <br />8.PAYEE DATA RECORD FORM STD. 204: <br />This form must be completed by all Grantees that are not another state agency or other <br />governmental entity. <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 25 of 3939 <br />104