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(2) all bidders shall have an equal opportunity to bid; <br />(3) the County expects to receive bids from at least three underwriters of <br />municipal bonds who have established industry reputations for underwriting new issuances <br />of municipal bonds; and <br />(4) the County anticipates awarding the sale of the Bonds to the bidder who <br />submits a firm offer to purchase the Bonds at the lowest true interest cost, as set forth in <br />this Official Notice of Sale. <br />Any bid submitted pursuant to this Official Notice of Sale shall be considered a firm offer <br />for the purchase of the Bonds, as specified in the bid. BY SUBMITTING A BID FOR THE <br />BONDS, A BIDDER REPRESENTS AND WARRANTS TO THE COUNTY THAT THE <br />BIDDER HAS AN ESTABLISHED INDUSTRY REPUTATION FOR UNDERWRITING <br />NEW ISSUANCES OF MUNICIPAL BONDS SUCH AS THE BONDS AND SUCH <br />BIDDER'S BID IS SUBMITTED FOR AND ON BEHALF OF SUCH BIDDER BY AN <br />OFFICER OR AGENT WHO IS DULY AUTHORIZED TO BIND THE BIDDER TO A <br />LEGAL, VALID AND ENFORCEABLE CONTRACT FOR THE PURCHASE OF THE <br />BONDS. Once the bids are communicated electronically via the Parity System to the County, <br />each bid will constitute an irrevocable offer to purchase the Bonds on the terms herein and therein <br />provided. <br />In the event that the competitive sale requirements are not satisfied, the County shall so <br />advise the winning bidder. In such case, the County may determine to treat (i) the first price at <br />which 10% of a maturity of the Bonds is sold to the public (the "10% test") as the issue price of <br />that maturity, and/or (ii) the initial offering price to the public as of the sale date of any maturity <br />of the Bonds as the issue price of that maturity (the hold -the -offering -price" rule), in each case <br />applied on a maturity -by -maturity basis. The winning bidder shall advise the County if any <br />maturity of the Bonds satisfies the 10% test as of the date and time of the award of the Bonds. The <br />County shall promptly advise the winning bidder which maturities (and if different interest rates <br />apply within a maturity, which separate CUSIP number within that maturity) of the Bonds shall <br />be subject to the 10% test or shall be subject to the hold -the -offering -price rule. Bids will not be <br />subject to cancellation by the bidders in the event that the competitive sale requirements are not <br />satisfied and the County determines to apply the hold -the -offering -price rule to any maturity of the <br />Bonds; provided, however, the County reserves the right to reject any and all bids, for any reason, <br />as set forth under "RIGHT OF REJECTION" herein. Bidders should prepare their bids on the <br />assumption that some or all of the maturities of the Bonds will be subject to the hold -the -offering - <br />price rule in order to establish the issue price of the Bonds. <br />By submitting a bid, the winning bidder shall (i) confirm that the underwriters have offered <br />or will offer the Bonds to the public on or before the date of award at the offering price or prices <br />(the "initial offering price"), or at the corresponding yield or yields, set forth in the bid submitted <br />by the winning bidder and (ii) agree, on behalf of the underwriters participating in the purchase of <br />the Bonds, that the underwriters will neither offer nor sell unsold Bonds of any maturity to which <br />the hold -the -offering -price rule shall apply to any person at a price that is higher than the initial <br />11 <br />