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<br />the City nor Baker Tilly MA have any liability for delays in the receipt of the Deposit. If the Deposit <br />is not received by the specified time, the City may, at its sole discretion, reject the proposal of the <br />lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to <br />such bidder. <br /> <br />Certified or Cashier’s Check. A Deposit made by certified or cashier’s check will be considered timely <br />delivered to the City if it is made payable to the City and delivered to Baker Tilly Municipal <br />Advisors, LLC, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101 by the time specified <br />above. <br /> <br />Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon <br />submission of a federal wire reference number by the specified time. Wire transfer instructions will <br />be available from Baker Tilly MA following the receipt and tabulation of proposals. The successful <br />bidder must send an e-mail including the following information: (i) the federal reference number and <br />time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. <br /> <br />Once an award has been made, the Deposit received from the Purchaser will be retained by the City <br />and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at <br />settlement from the purchase price. In the event the Purchaser fails to comply with the accepted <br />proposal, said amount will be retained by the City. <br /> <br />AWARD <br /> <br />The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true <br />interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The <br />City's computation of the interest rate of each proposal, in accordance with customary practice, will <br />be controlling. <br /> <br />The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of <br />matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without <br />cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms <br />herein. <br /> <br />BOND INSURANCE AT PURCHASER'S OPTION <br /> <br />The City has not applied for or pre-approved a commitment for any policy of municipal bond <br />insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a <br />bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of <br />the desired insurer must be set forth on the bidder’s proposal. The City specifically reserves the <br />right to reject any bid specifying municipal bond insurance, even though such bid may result in the <br />lowest TIC to the City. All costs associated with the issuance and administration of such policy and <br />associated ratings and expenses (other than any independent rating requested by the City) shall be <br />paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the <br />award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept <br />delivery of the Bonds. <br />* Preliminary; subject to change. <br />A-5 <br />589683v1EL185-44 <br /> <br />