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<br />City of Santa Ana <br />04-CALHOME-087 <br />Page 5 of6 <br /> <br />EXHIBIT 0 <br /> <br />D. Members of boards and commissions are exempt from this section if they do not <br />receive payment other than payment of each meeting of the board or <br />commission, payment for preparatory time and payment for per diem, (Public <br />Contracts Code section 10430 (e)) <br /> <br />16, Labor CodelWorkers' Compensation <br /> <br />Contractor needs to be aware of the provisions which require every employer to be <br />insured against liability for Worker's Compensation or to undertake self-insurance in <br />accordance with the provisions, and Contractor affirms to comply with such provisions <br />before commencing the performance of the work of this Agreement. (Labor Code section <br />3700) <br /> <br />17, Americans With Disabilities Act <br /> <br />Contractor assures the State that it complies with the Americans with Disabilities Act <br />(ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all <br />applicable regulations and guidelines issued pursuant to the ADA. (42 U,S.C. 12101 et <br />seq.) <br /> <br />18. Contractor Name Chanqe <br /> <br />An amendment is required to change the Contractor's name as listed on this Agreement. <br />Upon receipt of legal documentation of the name change, the State will process the <br />amendment. <br /> <br />19. Corporate Qualifications to Do Business in California: <br /> <br />A. If Contractor is a corporation, the State may verify that the Contractor is currently <br />qualified to do business in California in order to ensure that all obligations due to <br />the State are fulfilled, <br /> <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 <br />are some statutory exceptions to taxation, rarely will a corporate contractor <br />performing within the State not be subject to the franchise tax. <br /> <br />C. Both domestic and foreign corporations (those incorporated outside California) <br />must be in good standing in order to be qualified to do business in Caiifornia. If <br />Contractor is a corporation, the State will determine whether Contractor is in <br />good standing by contacting the Office of the Secretary of State. <br /> <br />20. Resolution <br /> <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 <br />authority to enter into an agreement, authorizing execution of the agreement. <br />