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If all of the requirements of a "competitive sale" are not satistied.. the City- shall advise the Purchaser of <br />such fact prior to the tithe of award of the sale of the Bonds to the Purchaser. In such event, any proposal <br />submitted will not be subject to cancellation or withdrawal. Within tweety-four (1.4) hours of the notice <br />of award of the sale of the Bonds. the Purchaser shall advise the City' and Balser Tilly' IMA if 1011,0 of anv <br />maturity of the Bonds (and. if different interest rates apply within a maturity. to each separate CUSIP <br />number within that maturity) has been sold to the public and the price at which it was sold. The Cite will <br />treat such sale price as the "issue price' for such mahrritt, applied on a mahrity-by-nraturitt' basis. The <br />City will not require the Purchaser to comply with that portion of the Regulation commonly desetibed as <br />the "hold -the -offering -price' requirement for the remaining maturities, but the Purchaser tray elect such <br />option. If the Purchaser exercises such option. the City will applw° the initial offering price to the public <br />provided in the proposal as the issue price for such Maturities. If the Purchaser does not exercise that option. <br />it shall thereafter promptly provide the City and Barer Tilly NLN the prices at which 100 6 of such maturities <br />are- sold to the public: provided such determination shall be made and the City and Baker Tilly ILIA notified <br />of such prices whether or not the closing date has occurred, until the 0°o 1test has been satisfied as to each <br />maturity of the Bonds or until all of the Bonds of a maturity have been sold. <br />t�C)D F,�ITH DEPt�SIT <br />To have its 1:,roposal considered fan ati�-ard, the Purchaser is required to submit a good faith deposi# via ��=ire <br />transfer to the City in the amount of S15.150 (the `Deposit') no later than 1:00 P.M.. Central Time on the <br />Sale Date, The Purchaser shall be solely responsible for the timely deliveiA! of its Deposit, and neither the <br />C ity nor Baker Tilly hLk have auv liabiliry for delays in the receipt of the Deposit. If the Deposit is not <br />received by the specified time, the City may_ at its sole discretion, tjeet the proposal of the lowest bidder. <br />dI <br />rect the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. <br />A Deposit t�`ill be consicleretl tirnelti7 delis=eyed to t11e C`itZ' upon sttbnussion of a federal hire reference <br />rrtrtiiber by the specified time, I i e transfer iush-uctions will be available front Baker Tilly CIA folloiiI11 <br />the receipt and tabulation of proposals. The successful bidder Hurst send an e-mail including the following <br />inforniation: (1) the federal reference number and time released: (ii) the amount of the Xvire transfer: and <br />{ iii) the issue to which it apphes, <br />t�rnce an au3-ard has been made, the Deposit received from the Purchaser will be retairned by the City and no <br />interest �t�ill accraue ro the Purchaser. The aurour7t of the Deposit twill be deducted at settlement from the <br />purchase price. Its the event the Purchaser fails to comply with the accepted proposal. said amount will be <br />retained bV the Citv. <br />A)YARD <br />The Bonds will be awarded on the basis of the lowest interest rate to be deter-trlined oil a hue interest cost <br />(TIC) basis calculated our the prol)osai prior to guy ac�iustment made by the City . The C`ity's compurtatiou <br />of the interest rate of each proposal, in accordance Xvith custontary practice. "rill be c-ontroiling. <br />The City will reserve the right to: (i) waive- non -substantive informalities of any proposal or of matters <br />relating to the receipt of proposals and air -aid of the Bards, (ii}reject all proposals without cause. and <br />{iii? reject aul- proposal that the Cite determines to have failed to comply with the teens herein. <br />BOND <br />E\,SI_7R-3NC_'E AT PURCHASER'S {JPTION <br />The C'itl' haS not applied fOr Or pre -approved a COlulnitllletlt for a11j' poltCv of tMrnIeipal tlOnd ll15tr'aill`e <br />r��itln res}nect to rlre Bands. If the Bonds quali%fir municipal band inaurauce and a bidder desires to <br />purchase a pohct such indication. the rrrahtrities to be insured, find tale name of the desired insurer must be <br />set forth on the bidder's proposal. The City specifically reseii�es the right to reject any bid specifi'utg <br />municipal bond insurance, even thou��tr such bid may result in the lowest TIC to the Cite°. All costs <br />associated with the issuance and administration of such policy and associated ratings and expenses (other <br />than anv independent rating requested by the City) shall be paid by the successful bidder. Failure of the <br />municipal bond insurer to issue the policy after the award ofthe Bonds shall not constihute cause for failure <br />or refusal bt- the successful bidder to accept delivery of the Bonds. <br />A-5 <br />LNI40-I 25-718 J48.v 1 <br />