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HomeMy WebLinkAbout5.1065 Original ContractFINANCIAL ADVISORY SERVICES AGREEMENT This Agreement is entered into the IC day of 2uj, 2010, by and between the City of Port Angeles, Washington "the Issuer and Piper Jaffray Co. (the "Financial Advisor The Issuer requires financial advisory services (the "Services in connection with the execution and delivery of all financings on behalf of the issuer that may take place during the term of the Agreement. In consideration of the mutual covenants and stipulations hereinafter set forth, the parties agree as follows: Section 1 Scone of Services: The Scope of Services shall include assistance in the areas as described in Attachment A. Scope of Services, whether verbally or in writing, or both. Section 2 Compensation: Compensation for the Services provided under this Agreement shall be based on the following: $1.50 per $1,000 par value of securities; A minimum of $8,000 shall apply to all debt issues; Section 3 Expenses: The Financial Advisor will be responsible for all of the Financial Advisor's out of- pocket expenses, including communication, cost of financial analysis and reports prepared in fulfilling its duties outlined herein. Section 4 Term of Agreement: The term of this Agreement shall begin on the date of execution set forth above and shall continue until June 1, 2011 or termination in writing by either party. Section 5 Miscellaneous: a) This Agreement will be governed by the laws of the State of Washington. b) This Agreement may not be modified or assigned except in writing executed by both parties. The parties have executed this Agreement on the date first above written. By the signature of its representative below, each party affirms that it has taken all necessary action to authorize said representative to execute this Agreement. CITY OF PORT ANGELES, WASHINGTON By: 7/ 4.-- By: Its: City l i'ger Its: Page 1 PIPER JAFFRAY CO. Managing Director Alf 5 .10 (05 ATTACHMENT A I. SCOPE OF SERVICES For the City's bond financing needs, including the issuance of general obligation bonds, revenue bonds, special assessment bonds, and refunding bonds, the Financial Advisor will: 1. Recommend a method of sale whether through the competitive or negotiation process, or as a private placement. 2. Recommend transaction structure and sale terms. 3. If a competitive sale is selected, assist in the preparation of bids, formation of bidding syndicates and review of the bids received. 4. If a negotiated sale is selected, advise the City concerning the number and qualifications of the managing underwriters and their compensation level, market trends, and interest rates proposed by the managing underwriters at the point of entry to the market. 5. Recommend timing of issuance of bonds, including advisability of interim financing. 6. Assist in preparation of any Preliminary and Final Official Statement to be used in connection with any securities offering. 7. Assist in the planning and conducting of rating agency presentations. 8. Prepare post sale analysis describing the results of the sale in comparison with other financings in the market. 9. Attend meetings to present recommendations and analysis and otherwise participate in the financings to assure that the structure, purpose, terms and costs of the issue are consistent with the City's best interests and industry practices. 10. The Financial Advisor has the responsibility to bring forward any actual or potential problems that the Financial Advisor may identify and provide recommendations regarding their solutions The Financial Advisor may also be requested to assist in the following matters: 1. Prepare written or oral analyses of unsolicited proposals from investment bankers. 2. Prepare brief financial studies and reports relating to potential financings, outstanding financings or funding alternatives for new projects. 3. Identify and recommend refunding opportunities. 4. Assist in financial presentations to banks and other interested parties. 5. Provide other financial advice to the City which is not directly related to a project financing. TX (MEMORY) DATE START JUL 28103.20 Tr Ina Nevaril Senior Accountant PO BOx 1150 Port Angeles, WA 90362 Phone (360) 417 4624 Fax (300) 411 4609 Fax To Fax: Phone: Re: TMI RECEIVER PM182062547227- 3401974 TOTAL Jane Towery From: Trina Nevaril 206 254 7227 Pages: 3 Date: 7/28/2010 Financial Advisory Services Agreement CC: Urgent For Reviiow II:go se Comment Please Reply Please Recycle Comments: The signed agreement is attached. TRANSACTION REPORT 1 COM TIME PGS 31 0 00.37 0 00 37 3 JUL -28 r l 0y1, P 0 1 7 49■A/1,51.9--- —2010 WED 03:21 PM TYPE /NOTE SG3 OK City of Port Angeles DEPTIFILE 1 1851 Trina Nevanl Senior Accountant PO Box 1150 Port Angeles, WA 98362 Phone (360) 417 4624 Fax (360)417 4609 To: Jane Towery From Trina Nevaril Fax: 206 254 7227 Pages: 3 Phone: Date: 7/28/2010 Re: Financial Advisory Services Agreement CC: Comments: The signed agreement is attached City of Port Angeles Urgent For Review Please Comment Please Reply Please Recycle