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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 /> 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 />