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HomeMy WebLinkAbout028755 RES - 08/31/2010Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTTRACe GROWTH VENTURE7h° PROGRAM, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR COLLEGE SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Board") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2008, the Type A Board requested proposals and determined that the proposal from Del Mar College ("Del Mar"), best provided assistance for small business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the small business incentives project support agreement; WHEREAS, the Type A Board's small business incentives agreement with Del Mar for the FastTrac® Growth Venture TM Program authorizes up to $120,000 in grants to program participants who create and retain new jobs for their businesses. WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ("City") and the Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for FastTrac® Growth Venture TM Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentives agreement between the Type A Board and Del Mar for the FastTrac® Growth Venture TM Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for the FastTrac® Growth VentureTM Program, which is attached to this resolution as Exhibit B. 028.7.55 RESOLUTION -- Small Business Agreement -- Del Mar FastTrac 2011 08182010 INDEXED ATTEST: THE CITY OF CORPUS CHRISTI aNN--,-Qt 742e,ki1 P Armando Cha a Joe Ada City Secretary Mayor APPROVED: 02cf'day of August, 2010. R.J. , Rung Fir t Assistant City Attorney For City Attorney RESOLUTION -- Small Business Agreement -- Del Mar FastTrac 2011 08182010 Page 2 of 3 Page 3 of 3 Corpus l}Christi, Texas I r of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Aff /1-47 028755 RESOLUTION -- Small Business Agreement -- Del Mar FastTrac 2011 08182010 SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM This Small Businesses Incentive Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas junior college district ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar is a Texas institution of higher education; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Del Mar, through this contract with Del Mar, to be used by Del Mar for the FastTrac® Growth Venture ' Program, which will result in creation of at least 12 new full-time permanent jobs in the City of Corpus Christi. Page 1 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 Exhibit A In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is from January 1, 2011, through December 31, 2011. 3. Grant. The Corporation will fund up to 24 $5,000 grants to be awarded to twelve successful participants in Del Mar's FastTrace Growth Venture TM. FastTrac® Growth Venture TM is an intensive ten week, interactive course that targets existing, successful small business owners with a desire to grow their business. a. In order to receive an initial $5,000 grant, prior to June 30, 2011, the successful participants must: (1) Complete the course. (2) Represent a "business expansion." (3) Retain all of their existing jobs. b. In order to receive a second $5,000 grant, the successful participants must create and retain at least one new job for a minimum of six months, while retaining all of their existing jobs. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must -pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full-time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained for at least six months. d. Del Mar agrees to provide Corporation with a sworn certificate by authorized representative of each small business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. Page 2of9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. b. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. c. DEL MAR has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. d. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 7. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other Page3of9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent authorized by law, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. Page 4 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. 13. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Page 5 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2010, through December 31, 2010. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, Tess Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Small Business Development Center 101 Baldwin, CED -146 Corpus Christi, TX 78404-3897 Attn: Director, SBDC Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager Page 6 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. if for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Page 7of9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08162010 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to [what survives] shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary Page 8 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 Del Mar College By: Date: Mark Escamilla, Ph.D President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 9 of 9 SMALL BUSINESS INCENTIVE AGREEMENT -- Del Mar FastTrac 08182010 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT FOR DEL MAR COLLEGE'S FASTTRAC® GROWTH VENTURETm PROGRAM This Small Business Incentivess Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentivess; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentivess on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $120,000.00 for FastTrac® Growth Venture TM Program; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's FastTrac® Growth Venture TM Program; and WHEREAS, the Corporation and Del Mar College have executed a small business incentives project agreement for the FastTrac® Growth Venture TM Program. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Project Support Agreement A -City -- Del Mar FastTrac 08182010 Page 1 of 3 Exhibit B 1. Project Service Agreement to Implement Business Incentivess Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for the FastTrac® Growth Venture -n.4 Program between the Corporation and Del Mar College ("Small Business Incentives Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 2 of 3 Project Support Agreement A -City -- Del Mar FastTrac 08182010 unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: August, 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Project Support Agreement A -City — Del Mar FastTrac 08182010 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: August 31, 2010 Agenda Item: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND Del Mar College FOR THE FastTrac® Growth Venture TM Program, WHICH WILL PROVIDE UP TO $120,000 IN GRANTS TO PROGRAM PARTICIPANTS WHO CREATE AND RETAIN NEW JOBS FOR THEIR BUSINESSES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE Del Mar College SMALL BUSINESS INCENTIVE AGREEMENT Amount Required: $120,000 Fund Name Fund No. Org. No. Account No. Project No. Amount Qus,....iEss.-- Toa //(o /S D2_,o 53a0 _ /i0,00D D e Li# I Dp rrvo ei, i-- Total Certification Not Required Director of Financial Services Date: ,s Z tc,