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HomeMy WebLinkAboutA6188 - CALTRUST PROGRAM REGISTRATION AND PARTICIPATION AGR INVESTMENT TRUST OF CALIFORNIA doing business as A JOINT POWERS AUTHORITY PROGRAM REGISTRATION FORM AND PARTICIPATION AGREEMENT FEBRUARY 24, 2005 (Revised August 4,2009) 1100 K STREET,SUITE 101 SACRAMENTO,CA 95814 TEL(888) 422-8778 Page 2 PROGRAM REGISTRATION FORM AND PARTICIPATION AGREEMENT INSTRUCTIONS To become a CalTRUST Participant, please complete this Program Registration Form and Participation Agreement. If you have any questions concerning any part of this form, please call the Carl-RUST toll-free number. (888)422-8778. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the CSITRUST Joint Exercise of Powers Agreement,dated as of February 24,2005,amending and restating that certain declaration of trust, dated as of January 9, 20D3 and amended and restated as of June 3, 2003,by.and among the members of CBITRUST (the "JP AdreemenY) or the information statement of CalTRUST (the 'Information Statement"),as applicable. When the Program Registration Form and Participation Agreement is complete,please handle as follows: FAX OR SCAN AND E-MAIL A COPY of this Form to: Wells Capital Management 877-276-0072(facsimile) caltrust@wellscap.rom MAIL THE ORIGINAL of this Forth to: CalTRUST Program Administrator 1100 K Street,Suite 101 Sacramento,CA 96814 PART 1. REGISTRATION Name of Public Agency: CI of Palm Springs (the'ParticipantCity s) P g Mailing Address: 3200 E. Tahquitz Canyon Way City, State,zip: Palm Springs, CA 92263-2743 Type of Public Agency: City IFor example:Federal Government,Federal Depamxbrd or Agency,Stet,Stab Deparbnentor Agency,Comty,County Board of Education, County SuPedntsndsnt of Schools,City,Regional Transportation commission of a State. Joint Powers Angtority,or Other(please specify)] Agency Tax ID Number: 95-6000757 CalTRUST Program Accounts: Money Market Short-Term ® Medium-Term ❑X i Page 3 Contact Information for Agency Personnel Primary Contact Name: Geoffrey S. Kiehl Title: Director of Finance and Treasurer Telephone Number: (760) 323-8221 ; (760) 902-0461 (mobile) Fax Number: (760) 322-8320 E-MailAddress: Geoffrey.Kiehl@paimspringsca.gov Secondary Contact Name: Nancy Klukan Title: Assistant Director of Finance Telephone Number: (760) 323-8227 Fax Number: (760) 322-8320 E-MailAddress: Nancy.Klukan@palmspdngsca.gov Additional Contact(optionai) Name: James Thompson Title: City Clerk Telephone Number: (760) 323-8204 Fax Number: (760) 322-8332 E-MailAddress: Jay.Thompson@palmspringsca.gov I Additional Contact(optionap Name: Robert Burkholder Title: Accountant Telephone Number: (760) 323-8223 Fax Number: (760) 322-8320 E-Mail Address: Robert.Burkholder@palmspdngsca.gov Page 4 PART 2. WITHDRAWAL INSTRUCTIONS The Administrator agrees to honor all properly authorized wire transfer requests in accordance with the terms of the Information Statement that is then current At any time, the Participant may change(a)wiring instructions, (b)authorized representatives, (c)other information. However, the Participant agrees that the Administrator may rely on the information previously supplied by the Participant until the Administrator receives authorized written notification of any change on forms prescribed by CalTRUST. Changes will become effective on the Business Day following receipt of written notice by the Administrator. The Administrator is hereby authorized to act upon instructions received in writing by the authorized representative(s) listed below to have amounts withdrawn from this account and wired only to the Federal Reserve member bank account designated below, unless charged by written instructions to the Administrator. It is understood that the Administrator will be under no obligation to honor, in whole or in part, any transfer request which (a)exceeds available funds invested in the Shares Program, (b)is provided by any person other than the authorized persons designated below, (c)is not in accordance with any other requirements stated herein. Bank Name: Bank of America ABA Number: 121000358 Account Name: General Account (public funds checking) Account Number: 1431882000 Bank Address: 588 S. Palm Canyon Drive, Palm Springs, CA 92262 PART 3. CERTIFICATION AND SIGNATURES The undersigned certify and affirm that 1. None of CaITRUST, its Trustees, the Administrator, the Investment Advisor or the Custodian has provided any advice to the Participant about whether to participate in CalTRUST. The Participant has requested and received from the Administrator all information that the Participant, after due inquiry, deemed relevant to participating in CalTRUST. The Participant has carefully reviewed the Information Statement and JP Agreement,has discussed with CalTRUST representatives any questions the Participant may have had as to such materials, and as to the business,operations or financial condition of CaITRUST,and agrees to be bound by the terms of the Information Statement and acknowledges the terms of the JP Agreement as they relate to the Participant The Participant understands the risks of this investment as described in the Information Statement. The Participant has taken into account that, like an investment in most securities, there is a risk of loss of this investment, and that an _ investment through the Series of Shares known as the "CalTRUST Medium-Term Fund' Series (the'Medium- Term Fund') and the"CaITRUST Long-Term Fund' Series (the °Lono-Term Fund°) will be relatively illiquid so that funds invested in those funds will not be readily available. Taking into account these factors and all other - - factors relating to the Shares Program, the Participant has independently concluded that this investment is suitable for the Participant. 2. The Participant has consulted with its own legal, accounting, tax, investment and other advisers in connection '.. with this investment, to the extent that the Participant has deemed necessary, including with respect to,the investment of any tax-exempt bond proceeds,which may result in certain consequences if invested. Page 5 3. The Participant is duly authorized to enter into this Program Registration Form and Participation Agreement,and the person signing this Program Registration Form and Participation Agreement on behalf of the Participant is authorized to do so, under all applicable governing documents and investment objectives of the Participant, by the legislative or other governing body of the Participant, and pursuant to applicable laws. This Program Registration Form and Participation Agreement constitutes a legal, valid and binding agreement of the Participant enforceable against the Participant in accordance with its terms. 4. The Participant is either a political subdivision of a state,or an agency,authority,or instrumentality of the United States,a state or any political subdivision of a state,as those terms are used in the investment Company Act of 1940. _! 5. The Participant understands that the Shares have not been registered under the Securities Act of 1933, as J! amended. The Participant understands that no federal or state agency has passed on the merits or faimess of this investment. 6. This Program Registration Form and Participation Agreement shall be binding on the Participant and its successors and assigns and shall inure to the benefit of the successors and assigns of CaiTRUST and the Administrator. This Program Registration Form and Participation Agreement shall be governed by the laws of the State of California as such laws are applied to agreements that are made in California by California residents and that are to be performed wholly within California. 7. The Participant has reviewed CalTRUST's Investment Policy and has determined that it satisfies,and does not conflict with, the Participant's legal and policy requirements and investment objectives, including any limitations that the Participant has adopted that are more restrictive than State law or CaITRUST's Investment Policy,and the Participant agrees to review the Investment Policy each time its governing body reviews its own investment policy. To the extent that the Participant has any questions or concerns about the Investment Policy,it agrees to raise these matters expediently with CalTRUST and if such questions or concerns are not addressed to the satisfaction of the Participant,it agrees to sell its Shares. 8. The Participant accepts responsibility for the investment decisions of the Investment Advisor and agrees that it will independently review the performance of the Investment Advisor as often as it deems necessary to meet all legal requirements applicable to the investment of the Participant's funds with respect to investment decisions affecting the Participant 9. If the Participant has in effect an annual delegation of discretionary investment power to its treasurer,such - delegation to the treasurer will be in effect at all times when the Participant participates in the Shares Program. 10. The Participant has carefully reviewed and understands the important disclosures and information contained in the Information Statement concerning the requirements, and consequences for hailing to comply with such requirements,with respect to the following topics: • When funds may be invested through or withdrawn from the Series of Shares known as the "CaITRUST Money Market Fund" (the 'Money Market Fund°), Short-Tenn Fund, Medium-Tenn Fund and/or Long-Term Fund; • When investments will begin earning income after an investment of funds through the Money Market Fund,Short-Term Fund, Medium-Term Fund and/or Long-Term Fund; • When investments will stop earning income in connection with a withdrawal of funds from the Money Market Fund,Short-Term Fund,Medium-Term Fund and/or Long-Term Fund; • Requisite form and timing of advance notices of and timing of receipt of funds for investments through the Money Market Fund,Short-Term Fund,Medium-Term Fund and/or Long-Tenn Fund; • Requisite form and timing of advance notices of requests for withdrawals from the Money Market Fund, Short-Term Fund,Medium-Term Fund and/or Long-Term Fund;and • When funds to be invested through the Medium-Term Fund and/or Long-Term Fund will be automatically and temporarily invested through the Short-Tern Fund, and when such funds will be automatically transferred from the Short-Term Fund and invested through the Medium-Term-Fund and/or Long-Term Fund as requested. Page 6 PART 4. AUTHORIZED REPRESENTATIVES (Below are the individual&authorized to conduct transactions on behalf of the Participating Agency) - i The undersigned certify that any El (insert number)of persons signing below as authorized representatives of the Participant have the full authority and capacity to invest funds in and withdraw funds from the Shares Program. The undersigned agree that the certifications,instructions, and authorizations contained in this Program Registration "I Form and Participation Agreement will remain in effect until the Administrator receives written notice of change. Authorized Representatives of: City of Palm Springs (Name of Parridpadng Agency) I Trustee or Other Fiduciary Signatures (The total number of TnisteesfFiduciaries signing below must equal or exceed the number of authorized representatives Indicated in the box above) Trustee/ Fiduciary Print Name: Geoffrey S. Kiehl Si ture: Title: Director of Finance and Treasurer Date: ffSrC+rARY /6 26/2 Trustee/Fiduciary Print Name: Nancy Klukan Sign e: Title: Assistant Director of Finance Date: Trustee/Fiduciary Print Name: James Thompson ature Title: City Clerk Trustee/Fiduciary Print Name: Robert Burkholder Signature Q Title: Accountant Date: Addfdonal slgnabrnss,Nany,.may be added on a separate sheet R i Page 7 PART 5. SIGNATURES (Signature required from the Individuals)authorized to approve participation in the CalTRUST Program) 1 The undersigned hereby duly execute and deliver this Program Registration Form and Participation Agreement as of this day of as authorized signatories of: 16th Februa City of Palm Springs (Name of Participating Agency) j Authorized Signatory Authorized Sionatory Signature: Witness Signature(optional): Print Name: Print Name: David Ready Title: City Manager Additional Authorized Sionatory (optional) Signature: Witness Signature(optional): rint Name: Print Name: James Thompson Title: City Clerk