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Contractor affirms to comply with such provisions before commencing the performance of <br />the work of this Agreement. (Labor Code Section 3700) <br />3. AMERICANS WITH DISABILITIES ACT: Contractor 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 pursuant <br />to the ADA. (42 U.S.C. 12101 et seq.) <br />4. CONTRACTOR NAME CHANGE: An amendment is required to change the <br />Contractor's name as listed on this Agreement. Upon receipt of legal documentation of <br />the name change the State will process the amendment. Payment of invoices presented <br />with a new name cannot be paid prior 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 <br />agencies will be verifying that the contractor 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 contractor performing within <br />the state not be subject to the franchise tax. <br />c. Both domestic and foreign corporations (those incorporated outside of California) must <br />be in good standing in order to be qualified to do business in California. Agencies will <br />determine whether a corporation is in good standing by calling the Office of the Secretary <br />of State. <br />6. RESOLUTION: A county, city, district, or other local public body must provide the State <br />with a copy of a resolution, order, motion, or ordinance of the local governing body which <br />by law has authority to enter into an agreement, authorizing execution of the agreement. <br />7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall <br />not be: (1) in violation of any order or resolution not subject to review promulgated by the <br />State Air Resources Board or an air pollution control district; (2) subject to cease and <br />desist order not subject to review issued pursuant to Section 13301 of the Water Code for <br />violation of waste discharge requirements or discharge prohibitions; or (3) finally <br />determined to be in violation of provisions of federal law relating to air or water pollution. <br /> <br />8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all <br />contractors that are not another state agency or other governmental entity. <br /> <br />EXHIBIT 1