Loading...
HomeMy WebLinkAboutContracts & Agreements_33-2008_CCv0001.pdf y4. „..,... SUN RM TRANSACTION NETWORK +WORK r� STN Money Markets ACCESS AGREEMENT Please read carefully the following terms and conditions associated with your organization's use o STN Markets. To agree to them,please sign this Agreement and fax it tv Customer Service f Money on the last page the names of individual users who wish to register to use the Platform, at 914-422-303. Please provide Please note that the Platform may be modified by SunGard Institutional Brokerage Inc. ("SIBI"or "we ro in its sole discretion. If so modified, we will post and maintain a notice thereof on the STN Mone homepage. Your use of the Platform after the posting of modifications will const' �f 'n time to time modifications. As used in this Agreement, the terms `you"and `your"refer to each individual us y Markets investor constitute your acceptance of these organization named in the signature page, and, unless the context otherwise requires, any organization that such user represents. Certain terms are defined at the end of this Agreement. user of the Platform, the 1. PLATFORM. Effective upon its approval of you as an eligible investor for the Platform, non-exclusive,non-transferable,limited license to use the Platform for your sole use. The Platform I hereb permitted to be used b anY grants to you a Y Y person or entity in any jurisdiction or country where such use would be contraryis not to law.intended or 2. AUTHORITY AND STATUS OF USER. As a user of the Platforni,you represent that you have full authority to enter into and perform this Agreement,including on behalf of your employer or other entity that you represent and such entity and each employee or agent thereof who uses the Platform shall be bound by this Agreement. You re that you are,and each account(if any)on whose behalf you act is,an Institutional Accredited Investor, as of the that and each time you gain access to the Platform. you present financial and business matters that you are capable of evaluating the economic risk associated with each ur e date hereof further represent that you have such knowledge and experience in on the Platform,and that each account for which you make such a purchase will be able to bear such risk. If you eligible to use the Platform to conduct transactions in 4(2)Securities, you acknowledge and agree, as of he chase you make each time you purchase 4(2)Securities, that i Y are Securities until maturity and not with the intent to engage in a distribution of 4(2)Securities and i• date hereof and y purchase 4(2}Securities with the intent of holding such 4(2) purchase over the Platform have not been registered under the Securities Act of 1933, as amended(the"Securities and may not be offered or sold in the United States or to United States persons except in transactions any 4(2)Securities you registration under the Securities Act. es Act"), tions that are exempt from 3. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. (a) Except as specifically set forth in this Agreement,SIBI does not make,and you expressly waive, representations or warranties of any kind,either express or implied,including implied warranties or representations of merchantability and fitness for a particular purpose or arising from a course of dealing,u trade practice,relating to the Platform,the Products or any matter pertaining thereto,including,with the services of SIBI,the facilities used to supportg�usage,or the Platform or the results to be achieved from the use thereoftion, (b) You agree that any Claims by third parties based on your use of or access to, or inability to use or Platform,or the information or services provided in connection with this Agreement, will be your responsibility responsibility of the SIBI Persons or the Sellers(except,in the case of Sellers, to the extent relating to an actions he inaction Of the relevant Seller), and you agree to indemnify and hold harmless the SIBI persons and the birty and not the Y or (c) SIBI agrees to indemnifySellers therefrom. you and hold You harmless from and against all Claims to the extent such CIaims arise out of your proper and authorized use of the Platform and result from SIBI's i the operation and maintenance of the Platform;or(ii)material infringement of an U.S. (�)gross negligence or willful misconduct in other proprietary right of any third a (..) Y pater, copyright, p party,provided that(1)You give written notice to SIBI within 0)days after any r applicable infringement claim is initiated against you,(2)SIBI has sole control of the defense and of any negotiations for settlement of any such Claim,provided,however, that SIBI will not make any admission of liabilityor other r statement on Pagel of 5 w 7 STN Money Markets � Access Agreement Your behalf or enter into any settlement or other agreement, the terms of which would bind you,without first obtaining your written consent 3 to perform the above,and(4)any such Claim doesnotarise from an unauthorizede non-monetary ce' information and authority necessary use,operation or combination of the Platform with programs data,equipment or mates not provided b roper use of the Platform or by the applicable infringement claim under clause(ii)above is initiated, or, in SIBI's sole opinion, is likely to be initiated, SIBI shall have the option,at its expense,to modify or replace all or the infringing Y If any at it is no longer infringing, ed, then g g,provided that the system functionality does not change in any material adverse respect, oso rprocure for you the right to continue using the infringing part of the Platform. (d) Except for Claims subject to SIBI's indemnification obligations set forth in paragraph(c)above or arising as a result of SIBI's gross negligence or willful misconduct in the operation and maintenance of the PIatfo shall have any liability hereunder to you or any other person for Claims of any kind arising out of this Agreement or our use of the Platform �,no SIBI Person Y (e) Notwithstanding any other provision of this Agreement,under no circumstances shall any SIBI Person have an liability to you hereunder(i)for any Claims involving special,punitive, exemplary, indirect, incidental or consequential damages or losses(including trading or investment losses and lost profits or business op Y (ii)to the extent that the aggregate Iiability with respect to any Claim exceeds the Fees paid to SIBI in connection with t he transaction(s)that is the specific subject of such Claim You acknowledge Opportunities), even if foreseeable; or reflect and are in consideration of the risk allocation effected by this Agreementpricing and other aspects of this Agreement 4. ADDITIONAL AGREEMENTS. You agree and acknowledge that(i)SIBI is ProvidingYou Platform and neither is,nor will ever be deemed to be,a party to an transaction on the Platform, warranties or representations whatsoever with respect to(x)any Sellers of the Products, Y solely with access to the Y rm od SIBI makes nt Platform or(z)any information,rates, credit ratings or other materials posted on the Platform relating to any Seller or (y)the Products posted on the Products,(iii)you will look solely to the applicable Seller(and not SIBI) with regard to any disputes arising out of an transactions you execute through the Platform', transaction through the Platform and as to whether that transactionmake is appropriate or proper for you based uponur own independent decisions to enter into a y judgment and upon advice from such advisors as you deem necessar this regard) and(v)each time you purchase a Product on the Platform, pon your own y(you agree that SIBI it not acting as your fiduciary in given an opportunity to review information about the Product and the Seller and to investigate such matters relatingto the you will be deemed to represent that you have been Product and the Seller as you consider necessary. Furthermore,you agree(a)to abide by and perform all your obligations to Sellers arising from the transactions you effect through the Platform, Platform,(c)not to allow authorized personnel physically located outsidebof thelUnit d States t aconly dcess the Platform users to access he without the prior approval of SIBI and(d)to comply with all laws,regulations,and orders pertaining to the Platform and the Products. 5. INTELLECTUAL PROPERTY SIBI exclusively owns and shall retain all right, title and interest in and to the Platform,including all intellectual property than the limited rights expressly p p rt rights therein,and you acquire absolutely no rights o licenses thereto other have no right to use or disclose in anyted tomanner,e this Spray be requior the red by law,avoidance he FI�tgA or a y shall not,and shall organization for securities brokers,any and all trade information and trade data arising out of securities transactions any other self regulating which you use the Platform and all aggregate or derivative information therefrom(the"Platform Data")provided,however, SIBI may include the amount of your assets traded,number of trades b for of trades and other a Y you and similar information in total assets,number aggregate information of all customers on the platform for marketing purposes so long as your anonymity is maintained and your data is separately not disclosed. You may not copy,reproduce,distribute,store in a database or publish any part of the Platform,except data and information of yours relating to your own transactions including Platform Data. 6. CONFIDENTIALITY. The parties shall keep confidential from third parties all information relating to the Platform and this Agreement(including the terms and conditions hereof and any potential dispute or resolution thereo except as follows:i)as may be required by law or legal or regulatory informationto public domain other than by a breach of this Agreement. Forrthe avoidanceSof doubt, the foregoing i shall r comes into,the Platform Data disclosed by SIBI in a mariner not inconsistent with Paragraph 5 above. not apply to 7. USE OF LINKS. Any links to other websites on the Platform are provided only as a convenience and without liability or endorsement,and you access the linked websites at your own risk. S. FORCE MAJEURE, Neither a performlure to beyond its reasonable control, including but notlimi ed to:r(i)inetwork failures orocapacitty limitatss or damage ions, from any cause Laws that delays or restricts performance hereunder,or(iii)acts of God acts or omissions of third parties,acts or orris Y ns,(ii)compliance with sions Page 2 of 5 i.1 i.o7 ---' a �s w) STN Money Markets of the othera Access Agreement p rty,acts of civil or military authority, labor disputes(other than those involving such party's own personnel), fires,embargoes,war or riot. SIBI may suspend or terminate your access to the Platform as and to the extent SIBI may determine necessary to ensure compliance with applicable Law. 9. TERMINATION. This Agreement, and therefore your access to and use of the Platform, may be terminated by you or by SIBI at any time,by electronic or other written notice, without liability to one another except for any transaction or other action which occurred prior to such termination. Paragraphs 3, 5,6 and 11 of this Agreement shall survive its terminatio . 10. MISCELLANEOUS. This Agreement(i)shall be governed by the laws of the State of New York, without reference to conflict of laws principles; (ii)may not be assigned by either you or SIBI without the other's prior written consent, provided that SIBI may assign all of its rights and obligations under this Agreement to any parent, wholly-owned subsidiary or other affiliate(including a successor entity in the event of a merger or acquisition);(iii)constitutes the entire agreement and understanding between us with respect to its subject matter;and(iv)in the event that one or more of its provisions are held to be invalid or unenforceable, shall remain valid and enforceable in all other respects. There are no third party beneficiaries under this Agreement other than the SIBI Persons and the Sellers to the extent specified herein. 11. LEGAL PROCESS;JURISDICTION. You hereby agree to submit to the personal jurisdiction of and venue in the state and federal courts located in or having jurisdiction over New York County,New York and further agree that any cause of action you may bring arising out of or relating to this Agreement shall be brought by you exclusively in such courts. 12. ADDITIONAL SERVICES. SIBI may add additional services and products to the Platform. SIBI reserves the right at any time to charge fees for access to or use of the Platform and the Products;however, you will not be charged unless SIBI obtains your express prior agreement to pay such fees. 13. PUBLICITY. The parties agree that,notwithstanding any other provision of the Agreement to the contrary,(i)the parties shall agree upon the language of a press release stating that the parties have entered into this Agreement and the general subject matter thereof and that press release shall be issued within 60 days of the execution of this Agreement and (ii)SIBI shall be free to use your name on SIBI's client list,and you are free to use the name of SIBI on your vendor list. Neither party may otherwise disclose the content of this agreement or otherwise use the otherparty's press releases or other public announcement without the other party's prior written consent, which shall not ber in any unreasonably withheld. CERTAIN DEFINITIONS: "Certificates of Deposit"means any note, savings certificate or similar financial instrument, including time deposits,the offer and sale of which is exempt from registration under the Securities Act. "Claims"means liabilities,penalties,suits,causes of action, losses, damages,claims,costs and expenses(including "Commercial Paper"means commercial paper, including short term unsecured promissory notes,the offer and sale of without limitation reasonable fees and disbursements of counsel)or judgments of whatever kind or nature. which is exempt from registration under the Securities Act. "Fee"means the compensation received by SIBI from the Sellers as a result of transactions in the Products via the Platform. Specific details regarding the Fees received by SIBI may be obtained from SIBI upon request. "4(2)Securities"means those Products,the offer and sale of which are effected in such manner as to be exempt from registration pursuant to Section 4(2)of the Securities Act. "Institutional Accredited Investor"means an"accredited investor"as described under Rule 501(a)(1)—(3)or(7)of Regulation D under the Securities Act or any entity in which all of the equity owners are such accredited investors. "Laws"means any statute,regulation,decision,order or rule of any court,governmental body, regulatory agency or self- regulatory organization. "Money Market Funds"means registered investment companies,or series thereof,each of which meets the conditions of paragraphs(c)(2),(c)(3)and(c)(4)of Rule 2a-7 under the Investment Company Act of 1940,as amended. "Platform"means STN Money Markets,the electronic, web-based platform for the execution of transactions directly with Sellers of Certificates of Deposit, Commercial Paper and similar short-term debt securities, and for the electronic routing of orders regarding shares of Money Market Funds and similar investment company securities to SIBI's trading desk located in White Plains,NY for manual execution by qualified SIBI representatives directly with the Sellers of such securities,or any successor site,as the same may be upgraded,modified or improved from time to time. "Products"means Commercial Paper,Certificates of Deposit,Money Market Funds and similar short-term debt or investment company securities and related services as may be offered via the Platform from time to time. Page 3 of 5 1,11.07 .._—�. ,-..,,✓,- �-J,t�i,' .,:_^Y ,,..,w-O"�.t.J'' C�..r'�-'\..r"'.`" \ \�:^ S^ J C`A`S ?J-."ati.%'w,' `4. `Z 1 0101 STN Money Markets Access Agreement "Seller"means an issuer,guarantor or seller of Products offered via the Platform which has entered into an agreement with SIBI,or its affiliate Prescient Markets,Inc.,regarding such Seller's use of the Platform t offer the Products th ucts generally for a "SIBI Persons"means SIBI,Prescient Markets,Inc.and their their shareholders,employees or agents and providers of information orpective servi es relating t affiliatesdthe Platform.respective officers,directors, Page 4 of 5 1.11.07 STN Money Markets Access Agreement SIBI's Chi Operating Officer, Robert K. Ward, shall sign electronically using the SunGard Signix S ature er Page. The digital signature is deemed legally binding and references this agreement. Robert K. W -d, Chief >r heratin Officer SunGard Institutional Brokerage, Inc. Ci of Redla (Investor Or natio Legal a e) By: Attest: Name: on Ha - son Title: Mayor Address: 35 Cajon Street, Suite 200 Address: P.O. Box 3005 3Lo �MePoy e C ty Clerk (mailing) City, State: Redlands, CA Zip Code: 92373 Telephone: (909) 798-7533 Date: March 4, 2008 Please indicate below additional users who wish to register: ADDITIONAL USERS: (SunGard Institutional Brokerage Inc.will call to complete their registration) 1. Judy Jacobson, Interim Revenue Manager 909 798-7544 (telephone number) 2. Tina Kundig, Finance Director (909} 798-7543 (telephone number) 3. Tom Steele Asst. Finance Director (909) 335-4775 (telephone number) 4. (telephone number) 5. (telephone number) 6. (telephone number) 7. (telephone number) 8. (telephone number) 9. (telephone number) 10. (telephone number) 11. (telephone number) Page 5 of 1,11.07 N STN Mon Markets ets ~" Access Agreement eemenr (telephone number) w Page 6 of MEAN Client Information Form ("CIF") Buy Side/SBI (Version 2007.1) �a w SUNGARD INSTITUTIONAL BROKERAGE INC. s NOTICE TO CLIENTS In order to meet our Regulatory and Business requirements relating to Anti-Mone Laundering, terrorism, organized crime activities and Know Your Customer rules SunGard Institutional Brokerage Inc. ("SIBI"), member NASD/SIPC, requires that all our clients complete the attached Client Information Form ("CIF"). This form provides SIBI with the necessary identifying information for your firm and assists us in identifying each entity that opens an account/establishes a relationship With SIBI for the provision of a product and/or service (i.e., the use of SunGard Transaction Network). As an industry participant, you may already be subject to, or familiar with, the regulations/obligations regarding Know Your Client ("KYC"), Anti-Money Launderin ("AML") and Customer Identification Programs ("CIP"). g Instructions This form must be completed and returned, together with all supporting documentation prior to your receipt of any product or services from SIBI. If you are unsure how to answer a certain section/question on this form or, if you are unsure what you must provide in response to a specific request, please contact your STN representative directly. lncompletelinadequate responses may delay the processing of our contract/agreement. y AM Sections of this form must be completed. if you feel that a certain section and/or question is not applicable to your organization, please answer as "N/A" and provide a brief explanation as to why it does not apply to your firm. All internal parties listed below shall sign electronically using the SunGard Signir Signature Cover Page. The digital signatures are deemed legally binding, as dated on the Signature Cover Page, and reference this agreement. Contract Type: Securities 0 Funds C3 Money Markets 0 Other (list): STN Representative (completeness review): Signature: Date: Compliance (principal approval): Signature: Date: Page 1 of 5 Confidential 03/08/2007 Client Information Form ("CIF") a Buy Side/SIBI (Version 2007.1) Use Ont —Attach Support Documentation T REVIEWED BY DATE SM[ScellganeousDocurnFents istration Com fiance Per Si nature a e Entit Com Bance Per Si nature a e cuments Com Bance Per Si nature a e SECTION I CLIENT INFORMATION NAME QI= IT# ttON CITY OF REDLANDS PRIM,AF�Y ADDRESS (909) 798-7544 it t t a„ i al address -Gannet be a Post office Bay SAX 35 CAJON STREET, SUITE 15B 909) 748-6411 REDLANDS, CA 92373 WEB 'ADDRESS MAILING ADDRESS (if different from Primary, ddres ) W1NW.Cl.REDLANDS.CA.US P. O. BOX 3005 REDLANDS, CA 92373-1505 BILLING ADDRESS (!f different from Primary Address); SECTION it CLIENT PROFILE FORM OF C}RCANIZATIO , DATE AND LOCATION OF FCJRMATION Municipality within the state of California. The City of Redlands, California, was settled in 1881 and incorporated in 1888. TAX IDENTIFICATION NUMBER 95-6000766 NATURIE OF 8tlSINESS - {Prt uid a brief des riptlo �) government �OIIR�I= t�►F l=UNI;�S (�r��trre of the tnc�nies irtter�dd t�b� in�rest�cl,,vl ,STht�Sll�l� Taxes, fees, federal and state grants USE GI= FUNDS�.(Generally, how ire,these I �nies t �irk ester ala S N�° ISI) rarra fie: 'Tali c eratins Tient aocrt tnetrehts eta. Operating funds Page 2 of 5 Confidential 03/08/2007 Client Information Form("CIF') Buy Side/SIBI (Version 2007.1) SECTION III CLIENT VERIFICATION The US Patriot Act, and NASD Anti-Money Laundering regulations require us to obtain certain information in order to verify the identity/existence of your firm. Providing the information below will assist us in meeting this request and in completing the verification process. Are you a registered entity regulated by the NASD/SEC? 0 Yes X No Are you a registered entity regulated by the FDIC/OCC/OTS? O Yes X No Are you a registered entity regulated by the Federal Reserve? O Yes X No Other registration and/or regulatory oversight (list): Please list any applicable identification numbers assigned to your firm by the NASD, SEC, FDIC, OCC, OTS, etc. (include which agency belongs to the identifier(s)provided below): SECTION IV VERIFICATION OF ENTITY If you answered "yes" to any of the Client Verification questions in Section III above and your registration is at the federal level, please move on to Section V below. If you have answered "no" to all of the Client Verification questions in Section III above and/or, your registration/oversight is at the state level, please supply one of the following documents as verification. (Provide at least one, when applicable.) O Articles of Incorporation 0 Company Charter O By Laws 0 Other (listlexplain) SECTION V CONTACT PERSONS (Note: Provide all requested contacts, where applicable,as well as any others deemed necessary) Mana ement/Executive Contac : Name: Tina T. Kundig Title: Director of Finance Email address: tkiinriin,a?cit °ofredlands org Phone: (909) 798-7543 Compliance Contact: Name: Thomas M. Steele Title: Asst. Director of Finance Email address: tsteele@cityofredlands.org Phone: (909) 335-4775 � I+ae Cc�Irit�lct� Name: Judy Jacobson Title: Interim Revenue Manager Email address alacobson@cityofredlands org Phone: (909)798-7544 T" 111fthr + a ' ,�►rt, �- Name: Title: Email address: Phone: C Name: Title: Email address: Phone: Other Contact: (list contact( e Name: Title: Email address: Phone: Other Contact: (list contact type), Name: Title: Email address: Phone: Page 3 of 5 Confidential 0310812007 Client Information Form ("CIF") Buy SldelSIBi (Version 2007.1) SECTION VI I AUTHORIZED PERSONSITRAC}ERS Authorized persons are the individuals who are authorized to "transact business on behalf of your firm". This may include, but is not limited to, those who have been authorized to (1) I conduct transactions in your account, on behalf of the account owners, and/or (2) those who are allowed to make adjustments, on your firm's behalf, to the account/services offered through your relationship with SISI/STN. IPlease list all authorized persons and note that we cannot accept orders (where applicable) or affect any changes to your services/account from any individuals that do not appear on this list and/or the list provided in Section V— Contact Persons. IMPORTANT NOTICE(Money Market and Funds Clients Only): i For Money Market Clients: Please note that all access will be "view only"if no selection is made. Additionally, please indicate the person(s) that you would like to have administration rights to manage your user group. I For Funds Clients: Please provide the access you would like each authorized person to have. Full Access to funds list&participant count administration (which includes authorization to act on firm's behalf in trading activities) or individual access. i ' Name: Jud Jacobson Title: Interim Revenue Mana er Email address: Jacobson cit ofredlands.or Phone: (909 798-7544 Money Markets Only: Access Authorization: X Trading 0 View Only X User Administration Funds OnI X Full Access 0 Funds List Access 0 Participant Count Administration Access Name: Tina Kundig Title: Director of Finance j Email address: tkundiq cr cityofredlands.orp Phone (909) 798-7543 Mone Markets Onl . Access Authorization. X Trading O View Only x User Administration Funds Ont x Full Rccess O Funds Lis#Access O Participant Count Administration Access I Name: Tom Steele Title: Asst. Director of Finance Email address; tsteele cit afredlands.or I Phone: (909) 335-4775 I Mone Markets Only: Access Authorization: x Trading0 View OnlyX User Administration Funds Only: X Full Access 0 Funds List Access Participant Count Administration Access Name Title: Email address. Phone: I Money Markets Only: Access Authorization: 0 Trading 0 View Only 0 User Administration j Funds Only: 0 Full Access 0 Funds List Access O Participant Count Administration Access Name: Title: j Email address: I Phnn=- Money Markets Only: Access Authorization: 0 Trading 0 View Only 0 User Administration Funds Onl : 0 Full-Access71 Funds List Access 0 Partici ant Count Administration Access Note:If you run out of room,please prepare a supplemental list and attach it to this document as an exhibit. SECTION VII CLIENT CERTIFICATION —ANTI MONEY LAUNDERING "AML") Client acknowledges it has the primary relationship with its participants/clients, and therefore. I the Client is in the best position to know (1) the participant/client's identity, (2) the j participant/client's source of funds; (3) the participant/client's intention for those funds, and (4) I whether any particular transaction is unusual or suspicious for that particular participant/client, I Client, as such, is obligated to reasonably identify and verify the identity of its j participants/clients and the source of the participant/client funds. The Client must also satisfy I itself as part of its customer identi€kation program {GIP} that opening the account with the j articipan#lciient would not violate the provisions of re Mations administered b the US � Page 4 of 5 Confidential 0310812007 Client Information Form ("CIF") Buy Side/SIB[ (Version 2007,9) Treasury Dnne's Office of Foreign Assets Control (OFAC). SECTIONCLIENT CERTIFICATION (continued) *** If you bject to the USA Patriot Act you may answer this section as Not ApplicablHowever, you must complete the AML questionnaire (SECTION VIII below) asrovide a brief summary of your current AML/KYC (Know YourCustomer) includingyour ;rrm's client identification policies, in the "Notes"Section foe AML questionnaire, Client represents and warrants (1) it has a CIP consistent with the USA Patriot Act rules and regulations, (2) it will certify annually to SIBI that it has implemented an AML program and, (3) It will perform the requirements as set forth in its AML/CIP program. Name: Title: Signature: Date: N/A: X - Check n/a i not applicable to our firm. SECTION Vli� AML QUESTIONNAIRE Complete this section only iJand Section vtl.) Has your firm established written policies and procedures to prevent/detect launderin ? es ❑ No x❑ Is your firm audited annually for compliance with AML laws and regulations? es No x Is there an established method at your firm for reporting suspicious activities ❑ ❑ transactions to theappropriate authorities? es ❑ No x❑ Does your firm have a policy to ensure that reasonable steps are taken to ob information about the true identity of our customers? es ❑ No x❑If your company does not have written policies at this time, do you plan to dewritten policies? If"yes" please also provide the date as to when your policiecompleted es ❑ /A xLactivities. ML,Program N�ite Biefldescribe your AML program-attach supplemental docuse sary} ot applicable, The City of Redlands does not represent third party participants in our investment All trading will be for the sole benefit of The City of Redlands and all assets on the STN one market ortaf are strict) those "The Cit of Redlands. [ SECTION IX AUTHORIZATION As part of the contract review and client identification process, it is required that yourfirm provide documentation to evidence that the individual(s) completing this form, and your STN Agreement, is/are authorized to do so on behalf of your firm. Provide one of the following: 0 Corporate Resolution 0 Corporate Minutes © Board of Directors Minutes x Other(list/explain) Request for Council Action To the best of my knowledge, the information provided in this questionnaire is true and correct of the date indicated below. as Signed. Name Tina T. Kundig Title: Finance Director Date: March 14, 2008 Page 5 of 5 Confidential 03/08/2007