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The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and <br />no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted <br />Proposal, said aniount will be retained by the City. No Proposal can be withdrawn after the time set for receiving <br />Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to <br />another date without award of the Bonds having been made, <br />The Bonds will be awarded on the basis of the lowest interest rate to be deteni-tined on a true interest cost (TIC) <br />basis. The City's computation of the interest rate of each Proposal, in accordance with customary practice, will be <br />controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i) <br />waive non -substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of <br />the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the City determines to have <br />failed to comply with the terms herein. <br />The successful bidder will be required to provide, in a timely manner, certain information relating to the initial <br />offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal <br />Revenue Code of 1986, as amended. <br />By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal there -for, the City agrees <br />that, no more than seven business days after the date of such award, it shall provide to the senior managing <br />underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format <br />as prescribed by the Municipal Securities Rulernaking Board (MSRB). <br />The City will covenant in the resolution awarding the sale of the Bonds to provide, or cause to be provided, annual <br />financial information, including audited financial statements of the City, and notices of certain material events, as <br />required by SEC Rule 15c2-12. <br />The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the <br />Internal Revenue Code of 1986, as amended. <br />If the Bonds qualify for issuance of any policy of municipal bond insurance or con initment therefor at the option <br />of the successful bidder, the purchase of any such insurance policy or the issuance of any such conitititinent shall <br />be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the <br />Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has <br />requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee..Any other rating <br />agency fees shall be the responsibility of the successful bidder. Failure of the inunicipal bond insurer to issue the <br />policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal <br />by the successful bidder to accept delivery on the Bonds. <br />