4.9 APPROVAL OF CONSENT AGENDA TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT. William W. Ackerman, CPA, Budget & Finance Director/797-

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1 4.9 APPROVAL OF CONSENT AGENDA TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT TO: FROM/PHONE: 1050 PREPARED BY: 1050 SUBJECT: Mayor and Councilmembers William W. Ackerman, CPA, Budget & Finance Director/797- William W. Ackerman, CPA, Budget & Finance Director/797- Resolution AFFECTED DISTRICT: All ITEM REQUEST: Schedule for Council Meeting TITLE OF AGENDA ITEM: BID SELECTION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRMS OF RBC CAPITAL MARKETS AS THE SENIOR MANAGER AND BANK OF AMERICA/MERRILL LYNCH AND MORGAN STANLEY AS THE CO-MANAGERS FOR UNDERWRITING SERVICES FOR THE THIRD PHASE OF THE WATER AND SEWER REVENUE BONDS. EXECUTIVE SUMMARY: The Town previously solicited competitive sealed proposals for underwriting services for water and sewer revenue bonds. RFP documents were sent to twenty (20) prospective respondents. The Town's financial advisor met with the Budget & Finance Director and the Deputy Budget & Finance Director to formulate the recommendation. The Town s financial advisor along with the Budget & Finance Director and the Deputy Budget & Finance Director had selected the firm of RBC Capital Markets as the senior manager and the firms of Bank of America/Merrill Lynch and Morgan Stanley as the co-managers on the first phase of the bond. The Town Council approved the selection per resolution R May 5, 2010 and on March 2, 2011 via resolution R Since the last phase of the bonds is now underway with a planned issuance in the late fall of 2012, the Town will need to have the services of an underwriter in order for the bond to move forward. This Resolution is needed in order to approve using the same Underwriters for the final phase of the bond issuance. The methodology and reasoning in using the same underwriting services companies has been approved by the Town's Attorney. KEY POINTS: RBC Capital Markets will be the senior manager

2 Bank of America/Merrill Lynch and Morgan Stanley will be the co-managers Council previously approved the above companies to be the Town s Underwriters for the first and second phase of the bonds. The above Underwriters are familiar with the Town of Davie since all were involved with the first and second phase of the bond issuance. The Town Attorney provided an opinion for using the same Underwriters for the second phase of the bonds and concurs with using RBC Capital Markets as the senior manager and Bank of America/Merrill Lynch and Morgan Stanley as the co-managers. PREVIOUS ACTIONS: Town Council previously approved resolution R on May 5, 2010 and R on March 2, 2011 to approve using RBC Capital Markets, Bank of America/Merrill Lynch and Morgan Stanley. CONCURRENCES: The Town's financial advisor, Town Attorney and Budget & Finance Director concur with the recommendation to approve this resolution. Town Attorney opinion is attached. FISCAL IMPACT: not applicable Has request been budgeted? n/a If yes, expected cost: $ Account name and number: The underwriting fees will come from the proceeds of the transaction. If no, amount needed: $ What account name and number will funds be appropriated from: Additional Comments: RECOMMENDATION(S): Motion to approve resolution Attachment(s): Resolution John Rayson legal opinion

3 RESOLUTION NO. A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRMS OF RBC CAPITAL MARKETS AS THE SENIOR MANAGER AND BANK OF AMERICA/MERRILL LYNCH AND MORGAN STANLEY AS THE CO-MANAGERS FOR UNDERWRITING SERVICES FOR THE THIRD PHASE OF THE WATER AND SEWER REVENUE BONDS. WHEREAS, the Town is in need of underwriting services for the final phase of the water and sewer revenue bonds; and WHEREAS, the Town s financial advisor along with the Budget & Finance Director and Town Attorney recommended using the same underwriter from the first and second phase of the water and sewer bond; WHEREAS, RBC Capital Markets was the senior manager and the firms of Bank of America/Merrill Lynch and Morgan Stanley as the co-managers. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA: SECTION 1. The Town Council of the Town of Davie does hereby accept the selection of RBC Capital Markets as the senior manager and the firms of Bank of America/Merrill Lynch and Morgan Stanley as the co-managers for the next phase of the Water and Sewer revenue bonds.

4 SECTION 2. The Town Council authorizes the Town s financial advisor to select providers of ancillary services necessary to consummate the transaction. SECTION 3. The Town Council authorizes the Budget & Finance Director to follow the recommendations of the Town s financial advisor in pursuit of updating the financial credit rating for the Town. SECTION 4. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF, 2012 MAYOR/COUNCILMEMBER ATTEST: TOWN CLERK APPROVED THIS DAY OF, 2012

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