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2014-28563 Reso RESOLUTION NO. 2014-28563 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY TO NEGOTIATE WITH WELLS FARGO BANK, NATIONAL ASSOCIATION, A PROPOSER UNDER CERTAIN REQUEST FOR PROPOSALS DATED MARCH 20, 2014 FOR TAXABLE AND TAX- EXEMPT REVOLVING LINES OF CREDIT, AND IF UNABLE TO REACH AGREEMENT WITH SAID PROPOSER, TO NEGOTIATE WITH ONE OR MORE OF THE OTHER PROPOSERS UNDER SUCH REQUEST FOR PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida (the "City") is duly authorized, pursuant to the Constitution of the State of Florida, Chapter 166, Part II, Florida Statutes, as amended, Chapter 159, Part VII, Florida Statutes, as amended, and the Charter of the City (collectively, the "Act"), to borrow money to finance capital projects; and WHEREAS, the City is in need of interim financing to pay costs of capital projects (the "Financing Program"); and WHEREAS, in connection with the Financing Program, a request for proposal dated March 20, 2014 (the "Request for Proposals") was issued on behalf of the City and the City has received proposals from several financial institutions; and WHEREAS, Wells Fargo Bank, National Association, (the "Bank"), one of the proposers under the Request for Proposals, has offered to the City a loan through two revolving lines of credit in an aggregate principal amount not to exceed $60,000,000 outstanding at any time (the "Loan"); and WHEREAS, the City has determined that it is in the best interests of the City to undertake the Financing Program through the Loan. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City is hereby authorized to negotiate the loan with the Bank, and if unable to reach agreement with the Bank, to negotiate with one or more of the other proposers under the Request for Proposals. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of_April 2014. Attest: n� ' APPROVED AS TO FORM &LANGUAGE • &FOR EXECUTIM City Clerk �< SYS y\ City Attorn = �5 = y {(/� Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Authorizing The City To Negotiate With Wells Fargo Bank, National Association, A Proposer Under Certain Request For Proposals Dated March 20, 2014 For Taxable And Tax-Exempt Revolving Lines Of Credit, And If Unable To Reach Agreement With Said Proposer, To Negotiate With One Or More Of The Other Proposers Under Such Request For Proposals;And Providing An Effective Date. Key Intended Outcome Supported: • Improve the City's overall financial health and maintain overall bond rating. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission Adopt the Resolution? Item Summa /Recommendation. The City's current Line of Credit ("LOC") was executed on October 12, 2012 to provide the City liquidity to continue to award contracts for new water, sewer, stormwater, and other city projects. This LOC was with JPMorgan Chase Bank for$50 million for a period of 18 months. The City, with the assistance of the City's Financial Advisors, RBC Capital Markets, asked JPMorgan Chase and other major banks for proposals to renew the line of credit. Sixteen requests were sent out and five banks sent their proposals to the City: JPMorgan Chase,Wells Fargo, BMO Harris Bank, SunTrust and Bank of America. SunTrust and Bank of America only offered the City a $20 million LOC with terms that were not reflective of current improved market conditions. Wells Fargo, JPMorgan Chase and BMO Harris Bank offered the City a$60 million LOC. Because the City may need to draw from this line of credit, we are considering both tax-exempt and taxable rates along with the unused rate. Wells Fargo had the best offer which represented the lowest cost compared to the offers from BMO Harris Bank and JPMorgan Chase. Proceeds from the LOC will be used for interim financing of stormwater capital projects approved by the Commission in anticipation of future bond issues. The proceeds from any such long term bonds for capital projects must first be used to pay down the LOC should any draws be necessary. The City may prepay the line of credit prior to maturity at any time without penalty. The City also may use the proposed LOC to award scheduled water and sewer capital projects and other city projects while spending existing bond funds. This strategy should expedite the expenditure of existing funds, minimize the need to draw against the line of credit and facilitate the issuance of future tax-exempt bonds while building the required debt service coverage. ADOPT THE RESOLUTION. Advisory Board Recommendation: The Finance& Citywide Projects Committee on April 16, 2014 approved this item and referred it to the City Commission for action. Financial Information: Source of Amount Account Approved Funds: 1 N/A 2 OBPI Total $ Financial Impact Summary: City Clerk's Office Legislative Tracking: Trish Walker, ext. 6461 Sign-Offs: Department Director As ant ity Manager ity Manager A GE PDW JLM—kw T:\AGENDA\2014\4-23-14\consent\Line of Credit Authorization-Item Summary 2014.doc MIAMIBEACH AGENDA ITEM MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI N MEMORANDUM TO: Mayor Philip Levine and Members o the City C mission FROM: Jimmy L. Morales City Manager DATE: April 23, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A THORIZING THE CITY TO NEGOTIATE WITH WELLS FARGO BANK, NATIONAL ASSOCIATION, A PROPOSER UNDER CERTAIN REQUEST FOR PROPOSALS DATED MARCH 20, 2014 FOR TAXABLE AND TAX-EXEMPT REVOLVING LINES OF CREDIT, AND IF UNABLE TO REACH AGREEMENT WITH SAID PROPOSER, TO NEGOTIATE WITH ONE OR MORE OF THE OTHER PROPOSERS UNDER SUCH REQUEST FOR PROPOSALS; AND PROVIDING AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOMES SUPPORTED Improve the City's overall financial health and maintain overall bond rating. ANALYSIS The City's current Line of Credit ("LOC") was executed on October 12, 2012 to provide the City liquidity to continue to award contracts for new water, sewer, stormwater, and other city projects. This LOC was with JPMorgan Chase Bank for $50 million for a period of 18 months. The City, with the assistance of the City's Financial Advisors, RBC Capital Markets, asked JPMorgan Chase and other major banks for proposals to renew the line of credit. Sixteen requests were sent out and five banks sent their proposals to the City: JPMorgan Chase, Wells Fargo, BMO Harris Bank, SunTrust and Bank of America. SunTrust and Bank of America only offered the City a $20 million LOC with terms that were not reflective of current improved market conditions. Wells Fargo, JPMorgan Chase and BMO Harris Bank offered the City a $60 million LOC. Because the City may need to draw from this line of credit, we are considering both tax- exempt and taxable rates along with the unused rate. Wells Fargo had the best offer which represented the lowest cost compared to the offers from BMO Harris Bank and JPMorgan Chase. The following chart summarizes the proposals received by the three banks for comparative purposes; Commission/Memo Re Line of Credit April 23,2014 Page 2 of 3 JP Morgan Wells BMO Chase Faro Harris Bank Credit Amount $60,000,000 $60,000,000 $60,000,000 Term 18 Months 18 Months 18 Months Upfront Fee $0 $0 $0 Annual Fee for Unused Credit 35 bps ($210,000) 20 bps ($120,000) 15 bps ($90,000) Annual Interest on Draws: Tax-Exempt 72%x(LIBOR+0.85%) 70%x(LIBOR+0.50%) 74%x(LIBOR+0.95%) Taxable LIBOR+0.85% LIBOR+0.75% LIBOR+0.95% Total cost w/o borrowing 18 months $315,000 $180,000 $135,000 Total cost w/$60M borrowing: Tax-Exempt(annual cost) $432,000 $273,000 $488,400 Taxable(annual cost) $600,000 $540,000 $660,000 Proceeds from the LOC will be used for interim financing of stormwater capital projects approved by the Commission in anticipation of future bond issues. The proceeds from any such long term bonds for capital projects must first be used to pay down the LOC should any draws be necessary. The City may prepay the line of credit prior to maturity at any time without penalty. The City also may use the proposed LOC to award scheduled water and,sewer capital projects and other city projects while spending existing bond funds. This strategy should expedite the expenditure of existing funds, minimize the need to draw against the line of credit and facilitate the issuance of future tax-exempt bonds while building the required debt service coverage. Tax-exempt draws against the line of credit proposed by Wells Fargo will have a variable interest rate equal to 70% of the sum of the Libor rate plus 0.50%, and taxable draws will have a variable rate equal to the sum of the Libor rate plus 0.75%. The current Libor rate is 0.15% as of April 9. 2014. Should we borrow today on a tax-exempt basis the rate would be 0.15% + 0.50%, or 0.65%, or less than 1%. There will not be any bank origination fees from Wells Fargo. However, there will be an annual fee of 20 basis points (0.20%) on the unused portion of the line of credit ("Unused Facility fee", $120,000 if there are no draws). The City will also need to pay for any closing costs as well as the fees for the bank's legal counsel, City's Bond Counsel and the City's Financial Advisor which are estimated to be $60,500 plus expenses. BACKGROUND Florida law requires all governments to have funds available in the amount of the contract at the time of awarding the contract. The most effective way to meet the City's financing needs, without incurring significant additional cost, is to obtain a line of credit. Commission Memo Re Line of Credit Apr#23,2014 Page 3 of 3 This line of credit would be guaranteed by a covenant to budget and appropriate non-ad valorem revenues. Under this approach, the City could utilize the line of credit to meet its financial commitment needs and be in compliance with state law while spending its existing bonds proceeds or have the capacity to award new projects in advance of longer term financing. In accordance with Section 218.385, Florida Statutes, as amended, undertaking this financing program on a negotiated basis through the line of credit is in the best interest of the City (rather than a sale through competitive bidding) and will serve a proper public purpose because it offers (1) borrowing at lower rates than those which the City could command in the market, and (2) flexibility of financing which could not be obtained in a sale through competitive bidding. At the April 16, 2014 Finance and Citywide Projects Committee Meeting, the committee recommended that the City negotiate with Wells Fargo and if unable to reach an agreement with them, to negotiate with one or more of the other proposers, and requested that this item be forwarded to the City Commission for approval. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the attached resolution, authorizing the Administration to negotiate with Wells Fargo Bank, National Association, a proposer under certain request for proposals dated March 20, 2014 for taxable and tax-exempt revolving lines of credit, and if unable to reach agreement with said proposer, to negotiate with one or more of the other proposers under such request for proposals; and providing and effective date. JLM: PDW: jr T:\AGENDA\2014\4-23-14\consent\Line of Credit Authorization-Comm Memo 2014.doc