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AgdaPkt 2020-08-10 Special Joint SA PFA
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AgdaPkt 2020-08-10 Special Joint SA PFA
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Last modified
10/1/2020 9:16:50 AM
Creation date
8/6/2020 4:29:57 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
8/10/2020
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6.A. - Page 21 of 29 <br />vi. Monitoring compliance by the City with these Disclosure Policies and updating these <br />Disclosure Policies, as necessary or appropriate. <br />vii. The Disclosure Coordinator shall compile and retain a file of the actions taken to prepare, <br />check, and approve offering documents or continuing disclosure filings, including the <br />sources of the information included, the comments and actions of the Financing Group, <br />the description of the process followed by the Financing Group including any items <br />discussed with outside counsel that were not included in the offering document based on <br />advice of counsel, and any necessary internal approvals. <br />Financing Group <br />The Disclosure Coordinator shall identify a Financing Group for each financing (the composition <br />of which may differ for each financing), which shall include (i) other City department heads as appropriate, <br />(ii) City finance division staff, (iii) the City Attorney or a designated staff attorney and (iv) staff from other <br />City departments as needed. Outside experts, such as the municipal advisor and disclosure counsel, will <br />advise the Financing Group in accordance with their contractual obligations. <br />Review and Approval of Official Statements <br />Responsibilities of Financing Group. The Financing Group shall provide the required information <br />for and review drafts of an Official Statement prior to it being finalized. More specifically: <br />(i) The Financing Group will (a) determine (with input from the City's municipal advisor and <br />disclosure counsel and, in the case of a negotiated offering, the City's underwriters) what <br />information should be disclosed in the Official Statement to present fairly a description <br />of the source of repayment and security for the securities being offered, (b) assign <br />responsibilities for assembling and verifying the information, and (c) establish a schedule <br />for producing the information and the Official Statement that will afford sufficient time <br />for final review by the Financing Group and the Disclosure Coordinator. While the <br />information included in the last offering document may be used as a starting point, the <br />Financing Group should be encouraged to provide suggestions for improvement and not <br />assume the last offering document represents a complete list of what is currently <br />required. <br />(ii) The Financing Group shall identify persons, if any, assigned to assist with the review or <br />preparation of an Official Statement that are not members of the Financing Group <br />("Contributors") who: (a) shall prepare portions of the Official Statement dealing with <br />their respective areas of expertise as such expertise relates to material information that <br />should be disclosed in the Official Statement, (b) may have information necessary to <br />prepare portions of the Official Statement, or (c) should review portions of the Official <br />Statement in order to ensure that there are no misstatements or omissions of material <br />facts. A Contributor may be another City department director and/or staff designated by <br />that department director. Contributors should be informed by the Disclosure Coordinator <br />of the applicable requirements of federal securities law. <br />Responsibilities of Contributors. A Contributor shall assist in reviewing and preparing the Official <br />Statement using his or her knowledge of the City and, if appropriate, by discussing the Official Statement <br />ATTY/RESO.0046/CC RESO APPROVING DEPT DISCLOSURE POLICIES & PROCEDURES — EXHIBIT A <br />REV: 05-07-19 VR <br />Last update: 5/20/2019 <br />Page 3 of 11 <br />25 <br />
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