HomeMy WebLinkAboutContract 40904rA`X if SECRETARY
CONTRACT N� �{0
00MIViERCIAL PAPER DEALER AGREEMENT
Between
CITY OF FORT WORTH, TEXAS
and
I.P. MORGAN SECURITIES INC.
CP DEALER
Dated May 1, 2010
Relating to
City of Fort Worth, Texas Water and Sewer System Commercial Paper Notes, Series A
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
1 0-06-1 0 PO4 : 4 0 IN
This COMMERCIAL PAPER DEALER AGREEMENT, dated May 1, 2010 (the
'Agreement"), between the CITY OF FORT WORTH, TEXAS (the 'Issuer") and J. P.
MORGAN SECURITIES INC. (the "CP Dealer").
For and in consideration of the mutual covenants made herein and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
Section 1. Background and Definitions. (a) The Issuer has authorized the issuance and
reissuance from time -to -time of its tax-exempt commercial paper notes (the "Notes") in the
aggregate principal amount not to exceed $150,000,000 outstanding at any time.
(b) The issuer has authorized the issuance of the Notes pursuant to its ordinance
adopted on March 27, 2007 (the "Authorizing Document").
(c) JPMorgan Chase Bank, N.A. (the "Facility Issuing Party") has delivered a line
of credit (the "Facility") with respect to the Notes to U. S Bank Trust National Association (the
"Account Party") in accordance with the terms of the Authorizing Document and the
Agreement dated as of May 1, 2010 (the "Facility Agreement") between the Issuer and the
Facility Issuing Party.
(d) The Authorizing Document provides for the appointment of a commercial
paper dealer to perform certain duties, including the offering and sale from time -to -time of the
Notes on behalf of the Issuer.
(e) J.P. Morgan Securities Inc. has agreed to accept the duties and responsibilities
of the CP Dealer with respect to the Notes under the Authorizing Document and this Agreement.
(f) Unless otherwise defined herein, all capitalized terms shall have the meanings
ascribed to them in the Authorizing Document or the Issuing and Paying Agent Agreement.
Section 2. Appointment of CP Dealer. (a) Subject to the terms and conditions contained
herein, the Issuer hereby appoints J.P Morgan Securities Inc. as the CP Dealer for the Notes, and
J.P. Morgan Securities Inc hereby accepts such appointment.
(b) The CP Dealer shall act as exclusive dealer with respect to the Notes.
Section 3. Responsibilities of CP Dealer. (a) Subject to the terms and conditions set
forth in this Agreement the CP Dealer agrees to perform the duties set forth in this Agreement.
It is understood that in undertaking to perform such duties, and in the performance thereof, it is
the intention of the parties that the CP Dealer will act solely as an agent and not as a principal
except as expressly provided in this Agreement. The CP Dealer shall use its best efforts to solicit
and arrange sales of the Notes on behalf of the Issuer at such rates and maturities as may prevail
from time to time in the market. The CP Dealer and the Issuer agree that any Notes which the CP
Dealer may arrange the sale of or which, in the CP Dealer's sole discretion, it may elect to
purchase, will be purchased or sold on the terms and conditions and in the manner provided in
the Authorizing Document, the Issuing and Paying Agent Agreement and this Agreement.
Anything herein to the contrary notwithstanding, to the extent of any conflict between the
provisions hereof and of the Authorizing Document or the Issuing and Paying Agent Agreement,
the provisions of the Authorizing Document and the Issuing and Paying Agent Agreement shall
be controlling.
(b) Notwithstanding anything to the contrary contained herein, the CP Dealer:
(i) will suspend its efforts with respect to the offer or sale of the Notes
on behalf of the Issuer upon the receipt of notice of the occurrence of an event of default
under the Notes, the Authorizing Document, the Facility, the Facility Agreement or the
Issuing and Paying Agent Agreement; and
(ii) may, in its sole discretion, suspend its efforts with respect to the offer
or sale of the Notes on behalf of the Issuer immediately upon the occurrence of any of the
following events, which suspension will continue so long as, in the CP Dealer's
reasonable judgment, such event continues to exist as to the Notes:
(1) suspension or material limitation in trading in securities
generally on the New York Stock Exchange;
(2) a general moratorium on commercial banking activities in
New York is declared by either federal or New York State authorities;
(3) the engagement by the United States in hostilities if the
effect of such engagement, in the CP Dealer s reasonable judgment, makes
it impractical or inadvisable to proceed with the solicitation of offers to
purchase the Notes;
(4) legislation shall be introduced by committee by
amendment or otherwise, in, or be enacted by, the House of
Representatives or the Senate of the Congress of the United States, or a
decision by a court of the United States shall be rendered, or a stop order,
ruling, regulation or official statement by, or on behalf of, the United
States Notes and Exchange Commission or other governmental agency
having jurisdiction of the subject matter shall be made or proposed, to the
effect that the offering or sale of obligations of the general character of the
Notes, as contemplated hereby, is or would be in violation of any
provision of the Securities Act of 1933, as amended (the "Securities Act")
as then in effect, or the Securities Exchange Act of 1934, as amended (the
"Exchange Act') as then in effect, or with the purpose or effect of
otherwise prohibiting the offering or sale of obligations of the general
character of the Notes, or the Notes themselves, as contemplated hereby;
(5) any event shall occur or information shall become known,
which, in the CP Dealer s reasonable judgment, makes untrue, incorrect or
misleading in any material respect any statement or information contained
in any disclosure documents provided to the CP Dealer in connection with
the performance of its duties hereunder, whether provided pursuant to
Section 5 hereof or otherwise, or causes such documents to contain an
untrue, incorrect or misleading statement of a material fact or to omit to
state a material fact required to be stated therein or necessary to make the
statements made therein, in light of the circumstances under which they
were made, not misleading;
(6) any governmental authority shall impose, as to the Notes,
or obligations of the general character of the Notes, any material
restrictions not now in force, or increase materially those now in force;
(7) any of the representations and warranties of the Issuer
made hereunder shall not have been true and correct on the date made;
(8) the Issuer fails to observe any of the covenants or
agreements made herein;
(9) any of the rating agencies then rating the Notes or the
Facility Issuing Party shall either (i) downgrade the ratings assigned to
either the Notes or the Facility Issuing Party so that such Notes are not
"Eligible Notes" as defined under Rule 2a-7 of the Investment Company
Act of 1940 as amended or (ii) suspend or withdraw the then current
ratings assigned to either the Notes or the Facility Issuing Party; or
(10) an actual or imminent default or a moratorium in respect of
payment of any U.S. Treasury bills, bonds or notes the effect of which in
the CP Dealer's reasonable judgment makes it impractical to market the
Notes or to enforce contracts for the sale of the Notes.
Section 4. Transactions in Notes. All transactions in Notes between the CP Dealer and
the Issuer shall be in accordance with the Authorizing Document, the Issuing and Paying Agent
Agreement this Agreement, the Facility Agreement and with the customs and practices in the
commercial paper market regarding settlement and delivery formally adopted in writing from
time to time by the New York Clearinghouse, to the extent not inconsistent with the Authorizing
Document. As early as possible, but not later than 12:30 p.m. on the day on which any Notes are
to be issued, the CP Dealer shall notify the Issuer of the proposed final maturities, prices and
interest rates (which interest rates shall not exceed 12% per annum) at which the CP Dealer will
purchase or cause the purchase of the Notes, and provide the Issuer with any other information as
required for delivery of such Notes. Except as described below, the CP Dealer shall not be
obligated to purchase or cause the purchase of any Notes unless and until agreement has been
reached in each case on the foregoing points and the CP Dealer has agreed to such purchase. Not
later than 12:30 p.m. on the date of each transaction the CP Dealer shall either (a) confirm each
transaction made with or arranged by it or (b) notify the Issuer and the Issuing and Paying Agent
of the difference, if any, between the amount of maturing Notes and the amount of Notes which
the CP Dealer has arranged to sell or has agreed to purchase. Such confirmation or notification
shall be given by telephone (or by other telecommunications medium acceptable to the Issuer)
and in writing to the Issuer and the Issuing and Paying Agent.
Section 5. Payment for Notes. The CP Dealer shall pay for the Notes sold by the CP
Dealer (or purchased by the CP Dealer for its own account) in immediately available funds by
2 15 p.m. on the Business Day such Notes are delivered to the CP Dealer (provided that such
Notes are so delivered to the CP Dealer by 3:00 p.m. on such Business Day). All Notes will be
sold at par, and will be evidenced either by (i) a global note immobilized with The Depository
Trust Company of New York or (ii) if not, will be executed in the manner provided for in the
Authorizing Document.
Section 6. Designated Representative. Note transactions with the Issuer, pursuant to
Section 4 hereof, shall be with any one of the officers or employees of the Issuer who are
designated as a Designated Representative by certificate acknowledged by the City Secretary of
the Issuer. The initial written designation of the Designated Representatives is appended hereto
as Appendix A. The Issuer agrees to provide the CP Dealer with revised written designations in
the form of Appendix A when and as required by changes in the Designated Representatives.
The CP Dealer may rely upon such designation unless and until otherwise notified in writing by
the Issuer.
Section 7. Resignation and Removal of CP Dealer. The CP Dealer may at any time
resign and be discharged of its duties and obligations hereunder upon providing the Issuer and
the Issuing and Paying Agent with seven (7) days' prior written notice. The CP Dealer may be
removed at any time, at the direction of the Issuer upon seven (7) days' prior written notice to the
CP Dealer and the Issuing and Paying Agent. Upon removal or resignation of the CP Dealer, the
Issuer shall promptly cause the Issuing and Paying Agent to give notice thereof by mail to all
owners of the Notes and to any rating agency which has assigned a rating to the Notes. The CP
Dealer shall assign and deliver this Agreement to its successor if requested by the Issuer.
Section 8. Furnishing of Disclosure Materials.
(a) The Issuer agrees to furnish the CP Dealer with as many copies as the CP
Dealer may reasonably request of the investor memorandum of the Issuer relating to the Notes
5
(the "Investor Memorandum"), and such other information with respect to the Issuer and the
Notes as the CP Dealer shall reasonably request from time to time.
(b) The Issuer agrees to cooperate with the CP Dealer in the preparation from
time -to -time of a new Investor Memorandum of the Issuer for the Notes in the event the CP
Dealer determines that the preparation and distribution of such Investor Memorandum is
necessary or desirable in connection with offering and sale on behalf of the Issuer of the Notes,
and to furnish or to cause to be furnished to the CP Dealer as many copies of such new Investor
Memorandum as the CP Dealer shall request.
(c) If, at any time during the term of this Agreement, any event shall occur or
facts become known to either party that might affect the correctness or completeness of any
statement of a material fact contained in the then current Investor Memorandum, such party shall
promptly notify the other in writing of the circumstances and details of such event. The Issuer
agrees to promptly furnish to the CP Dealer a copy of each filing or notice made to anyone
(whether in connection with the Notes or not) pursuant to any undertaking or other agreement of
the Issuer made under any provision of Rule 15c2-12 promulgated by the United States
Securities and Exchange Commission.
Section 9. Indemnification and Contribution. To the extent permitted by the laws of the
State of Texas, the Issuer will indemnify and hold harmless the CP Dealer and each of its
directors, officers and employees and each person who controls the CP Dealer within the
meaning of Section 15 of the Securities Act, against any and all losses, claims, damages or
liabilities, joint or several, to which any such indemnified party may become subject under any
statute or at law or in equity or otherwise, and will reimburse any such indemnified party for any
legal or other expenses incurred by it in connection with investigating any claims against it and
defending any actions, insofar as such losses, claims, damages, liabilities or actions arise out of
or are based upon (i) an allegation or determination that the Notes should have been registered
under the Securities Act, or (ii) any untrue statement or alleged untrue statement of a material
fact contained in any disclosure documents furnished pursuant to the provisions of this
Agreement or the omission or alleged omission to state therein a material fact necessary to make
the statements therein not misleading, but the Issuer will not be liable in any such case to the
extent that any such loss, claim, damage or liability arises out of or is based upon any such
untrue statement or alleged untrue statement or omission or alleged omission made in the
document in reliance upon and in conformity with written information furnished to the Issuer by
the CP Dealer specifically for use in connection with the preparation of the documents. This
indemnity agreement will not limit any other liability to any such indemnified party the Issuer
otherwise may have; provided that in no event will the Issuer be obligated for double
indemnification.
(b) An indemnified party shall, promptly after receipt of notice of the
commencement of any action against such indemnified party in respect of which indemnification
may be sought against an indemnifying party, notify the indemnifying party in writing of the
commencement of the action Failure of the indemnified party to give such notice will not
6
relieve the indemnifying party from any Liability it may have to such indemnified party. If such
an action is brought against an indemnified party and such indemnified party notifies the
indemnifying party of its commencement, the indemnifying party may, or if so requested by such
indemnified party will, participate in or assume its defense, with counsel reasonably satisfactory
to the indemnified party and, after notice from the indemnifying party to such indemnified party
of an election to assume the defense, the indemnifying party will not be liable to the indemnified
party under this Section for any legal or other expenses subsequently incurred by the indemnified
party in connection with the defense other than reasonable costs of investigation. Until the
indemnifying party assumes the defense of any such action at the request of such indemnified
party, the indemnified party may participate at its own expense in the defense of such action. If
the indemnifying party does not retain counsel to take charge of the defense or if the indemnified
party reasonably concludes that there may be defenses available to it different from or in addition
to those available to the indemnifying party (in which case the indemnifying party will not have
the right to assume the defense of such action on behalf of such indemnified party), legal and
other expenses reasonably incurred by the indemnified party shall be borne by the indemnifying
party. Any obligation under this Section of an indemnifying party to reimburse an indemnified
party for expenses shall be payable in reasonable amounts and at reasonable periodic intervals
not more often than monthly as required by the indemnified party, but if the indemnified party is
later determined not to be entitled to indemnification under this Section or otherwise, the
indemnified party will promptly return any moneys paid pursuant to this sentence. No party will
be liable with respect to any settlement effected without its consent.
(c) In order to provide for just and equitable contribution in circumstances in
which the indemnification provided for in subsection (a) of this Section hereof is due in
accordance with its terms but, for any reason, is held by a court to be unavailable on grounds of
policy or otherwise the Issuer and the CP Dealer will contribute to the total losses, claims,
damages and liabilities (including legal or other expenses of investigation or defense) to which
the Issuer and the CP Dealer may be subject in such proportion so that the CP Dealer is
responsible for that portion represented by the percentage that the fee to be paid to the CP Dealer
pursuant to this Agreement bears to the pnncipal amount of the Notes that may be outstanding,
and the Issuer is responsible for the balance. In no case however, will the CP Dealer be
responsible for any amount in excess of the fee applicable to the Notes remarketed by the CP
Dealer under this Agreement and no person guilty of fraudulent misrepresentation (within the
meaning of Section 11(f) of the Securities Act) will be entitled to contribution from any person
who was not guilty of such fraudulent misrepresentation. For purposes of this paragraph, each
person who controls the CP Dealer within the meaning of the Securities Act shall have the same
rights to contribution as the CP Dealer, and each person who controls the Issuer within the
meaning of the Securities Act and each officer and each director of the Issuer will have the same
rights to contribution as the Issuer, subject to the foregoing sentence Any party entitled to
contribution will, promptly after receipt of notice of commencement of any action, suit or
proceeding against such party in respect of which a claim for contribution may be made against
another party or parties under this paragraph, notify each party from whom contribution may be
7
sought, but the failure to give such notice will not relieve the party from whom contribution may
be sought from any obligation it may have to the party entitled to contribution.
Section 10. Fees and Expenses. For the CP Dealer s services under this Agreement, the
Issuer will pay the CP Dealer a fee of 0.08% per annum of the weighted average of the principal
amount of Notes outstanding during each three month period. The Issuer will pay the fee
quarterly in arrears commencing July 1, 2010, and each October 1, January 1 and April 1
thereafter.
Section 11. Representations, Warranties, Covenants and Agreements of the Issuer. The
Issuer, by its acceptance hereof, represents warrants, covenants, and agrees with the CP Dealer
that:
(a) it is a home -rule municipality and a political subdivision of the State of
Texas;
(b) it has full power and authority to take all actions required or permitted to be
taken by the Issuer by or under, and to perform and observe the covenants and agreements on its
part contained in, this Agreement and any other instrument or agreement relating thereto to
which the Issuer is a party;
(c) it has, on or before the date hereof, duly taken all action necessary to be taken
by it prior to such date to authorize (i) the execution, delivery and performance of this
Agreement the Authorizing Document, the Facility Agreement and any other instrument or
agreement to which the Issuer is a party and which has been or will be executed in connection
with the transactions contemplated by the foregoing documents; and (n) the carrying out, giving
effect to, consummation and performance of the transactions and obligations contemplated by
the foregoing agreements and by the current Investor Memorandum,
(d) it will provide the CP Dealer at its address set forth below, (i) within 45 days
of the end of each of its first three fiscal quarters, with copies of its unaudited quarterly financial
statements, and (ii) within 120 days of the end of each fiscal year, with a copy of its annual
audited financial statements for that fiscal year; and
(e) it will promptly notify the CP Dealer by Electronic Means of any material
adverse changes that may affect the offering and sale on behalf of the Issuer of the Notes or any
fact or circumstance which may constitute, or with the passage of time will constitute, an event
of default under the Notes, the Authorizing Document, the Facility or the Facility Agreement or
the Issuing and Paying Agent Agreement.
(f) Investor Memoranda and supplements, amendments and updates to any
thereof, furnished by the Issuer and used by the CP Dealer (including amendments, supplements
and replacements thereof), until such time as they shall have been subsequently amended,
8
updated or replaced shall not contain any untrue, incorrect or misleading statement of a material
fact or omit to state a material fact required to be stated therein or necessary to make the
statements made therein, in light of the circumstances under which they were made, not
misleading.
Section 12. Term of Agreement. This Agreement shall become effective on the date
hereof and shall continue in full force and effect until the cessation of the Notes program, subject
to the right of suspension and termination as provided herein.
Section 13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas; provided that the obligations of the CP Dealer
hereunder shall be governed and construed by the laws of the State of New York.
Section 14. Dealing in Notes by the CP Dealer; No Obligation to Purchase Notes. The
CP Dealer, in its individual capacity, may in good faith buy, sell, own, hold and deal in any of
the Notes, including, without limitation, any Notes offered and sold by the CP Dealer pursuant to
this Agreement, and may join in any action which any Owner may be entitled to take with like
effect as if it did not act in any capacity hereunder. The CP Dealer, in its individual capacity,
either as principal or agent, may also engage in or be interested in any financial or other
transaction with the Issuer and may act as depositary, Account Party, or agent for any committee
or body of owners of the Notes or other obligations of the Issuer as freely as if it did not act in
any capacity hereunder
Section 15. Miscellaneous. Except as otherwise specifically provided in this Agreement,
all notices, demands and formal actions under this Agreement shall be in writing and either (i)
hand -delivered, (ii) sent by electronic means, or (iii) mailed by registered or certified mail, return
receipt requested, postage prepaid, to:
The CP Dealer:
J.P Morgan Securities Inc.
383 Madison Avenue, 8the Floor
New York, NY 10179
Attention Peter McCarthy
Telephone: (212) 834-7224
Telecopy: (917) 456-3541
The Issuer:
City of Fort Worth, Texas
1000 Throckmorton
Fort Worth, Texas 76102
Attention: Chief Financial Officer
Telephone: (817) 392-6222
Telecopy: (817) 392-6134
The Issuing and Paying Agent:
U S. Bank Trust National Association
100 Wall Street, Suite 1600
New York, New York 10005
Attention: Millie Rolla
Telephone: (212) 361-2894
Telecopy: (212) 509-3384
Each party hereto may, by notice given under this Agreement to the other parties
described above, designate other addresses to which subsequent notices, requests, reports or
other communications shall be directed.
(b) This Agreement shall inure to the benefit of and be binding only upon the
parties hereto and their respective successors and assigns. The terms "successors" and "assigns"
shall not include any purchaser of any of the Notes merely because of such purchase. Neither the
Facility Issuing Party nor any owner of the Notes or other third party shall have any rights or
privileges hereunder.
(c) All of the representations and warranties of the Issuer and the CP Dealer in
this Agreement shall remain operative and in full force and effect, regardless of (i) any
investigation made by or on behalf of the CP Dealer or the Issuer, (ii) the offering and sale of and
any payment for any Notes hereunder, or (iii) suspension, termination or cancellation of this
Agreement.
(d) This Agreement and each provision hereof may be amended, changed,
waived, discharged or terminated only by an instrument in writing signed by the parties hereto.
(e) Nothing herein shall be construed to make any party an employee of the other
or to establish any fiduciary relationship between the parties except as expressly provided herein.
(f) If any provision of this Agreement shall be held or deemed to be or shall, in
fact, be invalid, inoperative or unenforceable for any reason, such circumstances shall not have
the effect of rendering any other provision or provisions of this Agreement invalid, inoperative
or unenforceable to any extent whatsoever.
(g) All references to time in this Agreement shall refer to local time in New York
City.
(h) This Agreement may be executed in several counterparts, each of which shall
be regarded as an original and all of which shall constitute one and the same document.
10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
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CITY OF FORT WORTH, 'TEXAS
By:
Name' Dale A. Fissele
Title: City Manager
Approved as to Form:
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J.P MORGAN SECURITIES INC.
By:
Name:
Title:
t
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
(OFFICIAL RECORD
iTY SECRETARY
Ft WORTH, TX
11
CITY OF FORT WORTH, TEXAS
By:
Name: Dale A. Fisseler
Title: City Manager
Approved as to Form:
By:
Name: David Yett
Title: City Attorney
J.P MORGAN SECURITIES INC.
By:
Name:
Title:
APPENDIX A
CERTIFICATE OF DESFNATED REPRESENTATIVE
I am the City Secretary of the City of Fort Worth, Texas (the "Issuer") duly authorized to
certify as to the Designated Representatives of the Issuer in connection with the issuance, from
time to time, by the Issuer of tax-exempt commercial paper (the "Notes") in accordance with the
Authorizing Document. I hereby certify that the following persons are authorized to act on
behalf of the Issuer in accordance with the Authorizing Document (as defined in the Dealer
Agreement) and specimen signatures of such persons are set forth beside their names.
Designated Persons
Lena Ellis
James Mauldin
Greg Jordan
Executed this
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
4
12
Name: Marty f'- ndrix
Title: City Secretary
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/13/2010 - Ord. No. 19113-04-2010 & 19114-04-2010
DATE: Tuesday, April 13, 2010
LOG NAME 1310WATERCP
SUBJECT:
Adopt an Ordinance Approving JP Morgan Chase as Liquidity Provider in Support of the City's Water and
Sewer System Commercial Paper Notes, Adopt a Supplemental Appropriation Ordinance Increasing
Appropriations by $488,130.58, Approve the Execution of an Agreement with the Liquidity Provider and
Resolve Other Matters Incident and Related to the Issuance, Sale, Security and Delivery of Commercial
Paper Notes
REFERENCE NO.: C-24182
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance approving JP Morgan Chase as liquidity provider in support of the City's
Water and Sewer System Commercial Paper Notes;
2. Adopt the attached supplemental appropriation ordinance, increasing appropriations in the Commercial
Paper Debt Service Fund by $488,130.58 from cash available for appropriation;
3. Approve the execution of an Agreement with the liquidity provider; and
4. Resolve other matters incident and related to the issuance, sale, security and delivery of Commercial
Paper Notes
DISCUSSION:
The Commercial Paper program allows the City to deliver capital projects in one of two ways. The City can
issue Commercial Paper Notes for interim financing or use the Commercial Paper authority to initiate the
project and use cash from the City portfolio to fund projects until such time as the City issues debt to
replenish the portfolio. This is the same practice where commercial paper has been used to.,support
previous Water and Sewer capital projects, as well as the 1998 and 2004 capital projects bond programs.
The Agreement with the current liquidity provider for this program, Bank of America, expires on April 20,
2010. Because of the current market, rates have increased significantly over what the City is currently
paying. After comparing quoted rates, the City's financial advisors and the City staff recommend retaining
JP Morgan Chase to provide the liquidity facility and act as the Issuing/Paying Agent, if required. The fee
of 70 basis points equates to an annual cost of approximately $1,150,000.00 which is an increase of
$488,130.88 over existing fees for the remainder of Fiscal Year 2010.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and the adoption of the attached ordinance and attached supplemental appropriation ordinance, funds will
be available in the current debt service budget, as appropriated of the Commercial Paper Debt Service
http://apps.cfwnet.org/ecounci /printmc.asp?id=13342&print=true&DocType=Print 10/7/2010
Page 2 of 2
Fund.
FUND CENTERS:
TO Fund/Account/Centers
PE52 553010 0132000
FROM Fund/Account/Centers
$488,130.58 PE52 553010 0132000
$488,130.58
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
Lena Ellis (8517)
James Mauldin (2438)
ATTACHMENTS
1. 1310WATERCP AO.doc (Public)
2. Fund Availability.pdf (CFW Internal)
3. Ordinance JPM.doc (Public)
4. Pe52-202000 pdf (CFW Internal)
5. Water dept Notifcation .msg (CFW Internal)
http://apps.cfwnet org/ecouncil/printmc.asp?id=13342&print=true&DocType=Print 10/7/2010