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15 Resolution authorizing agreement with First Southwest Asset Management, Inc.
City-of-Paris
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2008-10-13
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15 Resolution authorizing agreement with First Southwest Asset Management, Inc.
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8/23/2012 9:48:28 AM
Creation date
10/10/2008 11:00:01 AM
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AGENDA
Item Number
15
AGENDA - Type
RESOLUTION
Description
15-Resolution authorizing Agreement with First Southwest Asset Management, Inc.
AGENDA - Date
10/13/2008
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Form No. 148(fl; Rev'd 1/10/03 <br />AGREEMENT FOR <br />ARBITRAGE REBATE COMPLIANCE SERVICES <br />BETWEEN <br />CITY OF PARIS, TEXAS <br />(Hereinafter Referred to as the "issuer") <br />AND <br />FIRST SOUTHWEST ASSET MANAGEMENT, INC. <br />(Hereinafter Referred to as "First Southwest") <br />It is understood and agreed that the Issuer, in connection with the sale and delivery of certain bonds, notes, certificates, or <br />other tax-exempt obligations (the "Bonds"), will have the need to determine to what extent, if any, it will be required to rebate <br />certain investment earnings (the amount of such rebate being referred to herein as the "Arbitrage Amount") from the proceeds <br />of the Bonds to the United States of America pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of <br />1986, as amended (the "Code"). For purposes of this Agreement, the term "Arbitrage Amount" includes payments made under <br />the election to pay penalty in lieu of rebate for a qualified construction issue under Section 148( fl(4) of the Code. <br />VJe are pleased to submit the followin~ proposal for consideration; and if the proposal is accepted by the Issuer, it shall <br />become the agreement (the "AgreemenP") between the Issuer and First Southwest effective at the date of its acceptance as <br />provided for herein below. <br />1. This Agreement shall apply to all issues of tax-exempt Bonds delivered subsequent to the effective date of the rebate <br />requirements under the Code, except far (i) issues which qualify for exceptions to the rebate requirements in <br />accordance with Section 148 of the Code and related Treasury regulations, or (ii) issues excluded by the Issuer in <br />writing in accordance with the further provisions hereof, (iii) new issues effected in a fashion whereby First <br />Southwest is unaware of the existence of such issue, (iv) issues in which, for reasons outside the control of First <br />Southwest, First Southwest is unable to procure the necessary information required to perform such services. <br />Covenants of First Southwest <br />2. We agree to provide our professional services in determining the Arbitrage Amount with regard to the Bonds. The <br />Issuer will assume and pay the fee of First Southwest as such fee is set out in Appendix A attached hereto. First <br />Southwest shall not be responsible for any extraordinary expenses incurred on behalf of Issuer in connection with <br />providing such professional services, including any costs incident to litigation, mandamus action, test case or other <br />similar legal actions. <br />We agree to perform the following duties in connection with providing arbitrage rebate compliance services: <br />a. To cooperate fully with the Issuer in reviewing the schedule of investments made by the Issuer with (i) <br />proceeds from the Bonds, and (ii) proceeds of other funds of the Issuer which, under Treasury Regulations <br />Section 1.148, or any successor regulations thereto, are subject to the rebate requirements of the Code; <br />To perform, or cause to be performed, consistent with the Code and the regulations promulgated thereunder, <br />calculations to determine the Arbitrage Amount under Section 148(f)(2) of the Code; and <br />c. To provide a report to the lssuer specifying the Arbitrage Amount based upon the investment schedule, the <br />calculations of bond yield and investment yield, and other information deemed relevant by First Southwest. <br />In undertakin~ to provide the services set forth in paragraph 2 and this paragraph 3, First Southwest does <br />not assume any responsibility for any recard retention requirements which the lssuer may have under the <br />Code or other applicable laws, it being understood that the Issuer shal] remain responsible for compliance <br />with any such record retention requirements. <br />34725 Page 1 EXHIBIT A <br />. ooo0gl <br />
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