Ord 2024-018 authorizing the issuance and sale of an amount not to exceed $31,100,000 of Combination Tax and Revenue Certificates of Obligation, Series 2024, levying an ad valorem tax and pledging certain surplus revenues

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A wire transfer or a cashiers or certified check to the City in the amount of$619,400 will be made available in accordance with the Notice of Sale made a part hereof, Should we fail or refuse to make payment for the Certificates in accordance with the terms and conditions set forth in the Notice of Sale,the proceeds of this deposit shall be retained by the City as complete liquidated damages against us. Please check the box below to designate your Good Faith Deposit option. We agree to accept delivery of the Certificates utilizing the book-entry-only system through DTC and make payment for the Initial Certificate in immediately available funds in the Corporate Trust Division,The Bank of New York Mellon Trust Company,Dallas, Texas,not later than 10:00 AM,CDT,on May 8,2024,or thereafter on the date the Certificates are tendered for delivery,pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Certificates to complete the DTC Eligibility Questionnaire. Upon notification of conditional verbal acceptance,the undersigned will either(1)complete an electronic form of the Certificate of Interested Parties Form 1295 (the "Form 1295") through the Texas Ethics Commission's (the "TEC")electronic portal and the resulting certified Form 1295 that is generated by the TEC's electronic portal will be printed,signed,notarized and sent by email to the City's Bond Counsel at jbfowler@mphlegal.com or(2)provide written confirmation of its exemption from such requirement to complete a Form 1295. The undersigned understands that,unless exempt,the failure to provide the certified Form 1295 will prohibit the City from awarding the enclosed bid. The bidder makes the following representations and covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as heretofore amended (the "Government Code"), in entering into this Official Bid Form. As used in the following verifications,"affiliate"means an entity that controls,is controlled by,or is under common control with the bidder within the meaning of SEC Rule 405, 17 C.F.R.§230.405,and exists to make a profit. Liability for breach of any such verification during the term of this Official Bid Form shall survive until barred by the applicable statute of limitations,and shall not be liquidated or otherwise limited by any provision of this Official Bid Form or the Notice of Sale,notwithstanding anything in this Official Bud Foran or the Notice of Sale to the contrary. (i) No Boycott of Israel Verification(Texas Government Code Chapter 2271). The Purchaser hereby verifies that it and its parent company,wholly-or majority-owned subsidiaries, and other affiliates, if any,do not boycott Israel and will not boycott Israel during the term of this Official Bid Form. As used in the foregoing verification,"boycott Israel"has the meaning provided in Section 2271.001,Government Code. (ii) Not a Sanctioned Company(Texas Government Code Chapter 2252), The Purchaser represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201,Government Code. The foregoing representation excludes a bidder and each of its parent company,wholly-or majority-owned subsidiaries,and other affiliates,if any,that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. (iii) No Boycott of Energy Companies (Texas Government Code Chapter 2276). The Purchaser hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Official Bid Form. As used in the foregoing verification, "boycott energy companies" has the meaning provided in Section 2276.001(1),Government Code. (iv) No Discrimination Against Firearm Entities or Firearm Trade Associations(Texas Government Code Chapter 2274). The Purchaser hereby verifies that it and its parent company,wholly-or majority-owned subsidiaries, and other affiliates, if any,do not have a practice,policy, guidance,or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Official Bid Form, As used in the foregoing verification, "discriminate against a firearm entity or firearm trade association" has the meaning provided in Section 2274.001(3), Government Code. By submitting this bid,the Purchaser understands and agrees that if the Purchaser should fail or refuse to take up and pay for the Bonds in accordance with this bid,or it is determined that after the acceptance of this bid by the City that the Purchaser was found not to satisfy the requirements described in the Official Notice of Sale under the heading"CONDITIONS OF THE SALE"and as a result the Texas Attorney General will not deliver its approving opinion of the Bonds,then the check submitted herewith as the Purchaser's Good Faith Deposit shall be cashed and accepted by the City, IF THE CITY CASHES THE PURCHASER'S GOOD FAITH DEPOSIT AS DESCRIBED ABOVE, SUCH ACTION DOES NOT CONSTITUTE COMPLETE OR LIQUIDATED DAMAGES RELATED TO THE PURCHASER'S BREACH OF ANY OF THE COVERED VERIFICATIONS. By submitting this bid,the Purchaser understands and agrees that the liability of the Purchaser for breach of any of the verifications made in connection with Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as amended and as described above (collectively, the "Covered Verifications") shall survive until barred by the statute of limitations, and shall not be liquidated or otherwise limited by any provision of this Official Bid Form or the Official Notice of Sale. Additionally, the Purchaser acknowledges and agrees that the City reserves and retains all rights and remedies at law and in equity for pursuit and recovery of damages,if any,relating to the Covered Verifications.