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03-662u Page 1 of 2 Council File # � J"�i�p 2 Crreen Sheet # 3 d � t� a RESOLU'I`ION �NT PAUL, MINNESOTA Presented By aa Referred To � Committee: Date: 1 WHEREt�,s, Minnesota Statute 118A governs the investment of public funds and provides the general 2 structure for investment activity and fiduciary responsibility; and 3 4 WHEREAS, it is in the City's best interests to further define the investment activity witlrin the guidelines of 5 an established investment policy statement; and 6 7 WHEREAS, the investment policy statement provides the following: 8 1) Written documentation of e�ectations regarding the investment of City assets. 9 Z) Investment objectives, guidelines, and standards that are consistent with the financial objectives 10 of various City fiands. 11 3) Definition and assignment of responsibilities for investment decisions and actions. 12 4) Criteria and bencl�marks for the on-going evaluation of perforxnance results and policy 13 compliance. 14 5) A framework for review and revision of investment policies as warranted by changing 15 circumstances. 16 17 BE TT RESOLVED, that the Council of the City of Saint Paul does hereby adopt the following as the City's 18 policy statement establishing standards for investments. This policy supercedes all previous City investment 19 policies. 20 Yeas Benanav v Blakey ✓ Bostrom J Coleman ,i Harris � Lantry ✓ Nays Absent Requested ,e of Financi Sexvices By: � �. � -� . �.; . - - 1 �j�i / �. � ! � ��.�, � Form Approved by City Attorney Adopted by Council: % Date Adoption Certified by Council Secretary By: /j�/�ir��ii.��sd.✓ � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � p3 -Gl�� FS — F�nancial services CoMact Person & Phone: Barb Maynard 266-8834 Must Be on Council Agenda by (Date): 13JUN-03 y Assign Num6er For Routing Order Green Sheet NO: 3001460 0 'nancial Services 1 inancial Services De�rtment D' ector ( �nr 2 �Ciri Attome� 3 a or's OfTice Ma or/Assistant 4 uncil 5 i Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Approve updated investment policy to implement comprehensive guidelines for investment activity. Recommendations: Approve (A) or Reject (R): Planning Commission � CIB Committee Civil Service Commission Nersonai service initial/Date Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ��� ����� The City needs updated guidelines for inveshnent activiry. JUN 2 6 2003 -�.l-�Y__AIT(� R �� �.Y AdvantapesifApproved: � Improved investment program resulting in greater controls, higher retums and improved communication. Disativanfapes If Approved: None. Disadvantages If Not Approved: The City will continue to operate under an outdated investment policy. Total Amount of Trensaction: Fundinq Source: CosURevenue Budgeted: AcfiviN Number: Financial Information: (Explain) 03-��� INVESTMENT POLICY STATEMENT OF T� CI'rY OF Sa�rr PAiri, Adopted TABLE OF CONTENPS I. $COPEAI3DPURPOSE ............................................. 2 II . CoNTEXT ...................................................... 3 III. STANDaRDSOF CARE ........................................... 3-4 IV. l�UTHORITY AND RESPONSIBII,ITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-8 V. ADMINISTRATIVE AND REVIEW PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . 8-10 VI. G�RaZ, TNVES�rrr OB�cTTVas a� CoNSrRn�TS . . . . . . . . . . . . . . . 10-11 VII. GUIDELINES FOR INVES'1'MENTS IN SPECIAL PROJECTS OR PROGRAMS ..... 11-12 VIII. COMPONENT PORTFOLIOS: OBJECTIVES AND AUTHORTZED INVESTMENTS DATLY PORTFOLIO .......................................... 12-13 SHORT TERM PORTFOLIO ..................................... 13-14 IN'I'ERMEDIATE TERM PORTFOLIO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15 IX TNVESTMENTMANAGERSELECTION ................................. 16 X TNVESTMENTMANAGERTERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17 a.n: U 41u _ • :- - -`�T� .-'�'+7i r�:ifE��7 EXHIBITB: BENCHMARKDESCRIPTIONS 1 03 -��a I. SCOPE AND PURPOSE TIus Investment Poficy Statement govems the investment portfolio (the "Portfolio"} of the City of Saint Paul (the "Cit�') including the assets of the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Trust Funds, Agency Funds, Internal Service Funds and any new fund created by the City Council and the Mayor. Tlus Investment Policy Statement ("TPS") is intended to serve the following purposes: A. Provide written documentation of e�pectations regazding the investment of City assets. B. Reflect investment objectives, guidelines and standazds that are consistent with the financial objectives ofvarious City funds. C. Define and assign responsibilities for investment decisions and actions. D. Establish criteria and benchmazks for the ongoing evaluauon of performa.uce results and policy compliance. E. Establish a framework for review and revision of investment policies as watranted by changing circumstances. Tlus policy supercedes all previous City investment policies and shall be reviewed on an annual basis by the Director of the Office of Financial Services. Any significant revisions shall be approved by the City Council and the Mayor. Any exceptions to ttris policy must be approved prior to trade execution by the Director of the Office of Financial Services, and reported to the Mayor and City Council. 03-U�a- II. CONTEXT The Portfolio provides funding for current and future operating e�penses, a reserve to cover unplanned shortFalls and investment income to support the activities of the City. The Portfolio is managed in three components ("Component Portfolios") as follows: A. Daily Portfolio: The "dail�' component ("Daily Portfolio") represents current operating funds on which draws aze made frequently, requiring daily liquidity and preservation of principal. The Daily Portfolio is managed intemally by the Cash Manager. B. Short Term Portfolio: A short-term component (Short Term Portfolio") serves as a cushion to provide liquidity for possible shortfalls in the Daily Portfolio. Draws against the short-term portfolio are e�pected to be infrequent. The Short Term Portfolio is managed intemally by the Cash Manager. C. Intermediate Term Portfolio: The balance of the Portfolio represents the intermediate term component ("Intermediate Term Portfolio") wluch serves as a reserve for unplanned shortfalls. In general, the Intermediate Term Portfolio is not expected to experience withdrawals. A portion of the Intermediate Term Portfolio is managed internally by the Treasury Manager and the balance is managed by e�emal managers. III. STANDARDSOF CARE A. Prudence The standard of prudence to be used by investment officials shall be the "prudent investor rule" and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from e�;pectations are reported in a timely fashion and the purchase and sale of securities aze carried out in accordance with the terms of this policy. 3 b3-�4�- Investments shall be made with judgment and care under tke circumstaaces then prevailing wluch persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income. B. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. All investment officials shall disclose any material interests in financial institurions with wluch they conduct business. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. IV. AiITTIORTTY AND RESPONSIBILITIES The City of Saint Pavl's Administrative Code, Chapter 2, Article 1, Section 2.02, as amended, empowers the Director of the Office of Financial Services, wluch includes a Treasury Section, with the investment responsibiliry for the City. Responsibility for the operation of the investment program is delegated to the Treasury Manager, who shall act in accordance with written procedures and internal controls for the operauon of the investment program consistent with the IPS. The Treasi�ry Manager is assisted by the Cash Manager. No person may engage in aa investment transaction, except as provided under the terms of tlris policy. A. Director ofthe Office ofFinanciat Services The duties and responsibilities of the Director of the Office of Financial Services under tlus IPS aze to: l. Recommend to the City Council adoption and amendment of the 1PS. 0 03-GGZ 2. On a quarterly basis, review and approve the recommendations of the Treasury Manager regarding: a. Compliance of investments with the IPS b. Performance results c. Changes in investment managers d. Sufficiency of funds in the Portfolio to satisfy planned expenditures. B. Treasury Manager The duties and responsibilities of the Treasury manager under this IPS aze to: l. Invest the internally-managed portion of the Inteimediate Term Portfolio. 2. Monitor the performance of the total Portfolio and each sepazately-managed portfolio against benchmarks established in the IPS and report to the Director of the Office of Financial Services and the City Council. 3. Maintain a projection of manthly cash inflows and outflows ("Cash Flow Projection") for determining the appropriate minimum and maximum range to maintain in the Daily and Short Term Portfolios. 4. Review the allocation of the Portfolio among the Component Portfolios and make any adjustments indicated under tlus IPS. 5. Review the investment activity reports for the Daily and Short Term Portfolios prepared by the Cash Manager. 6. Review compliance of the Portfolio, as well as the individual investment managers/mutual funds, with IPS standards and guidelines and report any noncompliance to the Director of the Office of Financial Services. 7. Make recommendations to the Directar of the Office of Financial Services regazding additions, deletions or changes in investment managers, mutual funds, custodians, consultants and other service providers. 8. Review all investment costs and expenses and report to the Director ofthe Office of Financial Services, the Mayor and the Ciry Council on an annual basis. 9. Develop and maintain the administrative procedures manual ("Administrative Procedures Manual.") 03 - �� � C. Cash Manager The duties and responsibilities of the Cash Manager under this Il'S aze to: 1. Invest the assets of the Daily Portfolio and the Short Term Portfolio in accordance with IPS standards and guidelines. 2. Prepare cash flow projections to determine daily excess cash to invest in short teim securities or money market funds for operating needs. 3. Obtain competitive bids and offerings of securities to be purchased or sold. 4. Verify investment activity in the bank accounts. 5. Maintain and balance the Treasury subsidiazy investment ledger. 6. Verify broker coufirmarions to the subsidiary investment ledger. '7. Allocate interest e arninu s to the accounts participating in the pooled investment � •a.0 8. Report investment activity to the Treasury Manager. 9. Prepare annual reports in compliance with GASB standatds. D. Investment Consultant An Investment Consultant may be retained by the City to provide investment advice and assistance regarding the investments. Specific responsibilities of the Investment Consultant may include: l. Assist with the development and periodic review of investment policies and procedures. 2. Conduct seazches for investment managers or mutual funds. 3. Quarterly, measure and evaluate performance results for the total portfolio and for each separately-managed portfolio. 4. Evaluate compliance of investments with IPS guidelines and report results to the Treasurer. 5. Analyze investment eacpenses and negotiate any investment management or custodial fees as requested. 03� ��� 6. Provide other information or reports as requested by the Treasury Manager, the Director of the Office of Financial Services, the Mayor or the City Council. 7. Prepaze Investment Manager Guidelines. E. Investment Managers Any investment manager retained by the City assumes the following responsibility as a fiduciary of the funds: 1. Compliance with the stated objectives and guidelines herein, as well as Minnesota State Statutes. 2. Written acknowledgment of the IPS and specific account guidelines ("Manager Guidelines") which reflect the investment manager's strategy, discipline and performance benchmark. 3. Quarterly statement for the funds under management showing the mazket value and cost basis of individual holdings as well as the following information relauve to the investment manager's designated portfolio performance bencluvark: a. Performance b. Duration (to absolute and to worst) c. Yield to Maturity d. Asset/Sector Distribution e. Average Maturity (absolute and to worst) f. Average credit quality F. Custodian Bank The custodian bank ("Custodian") shall assume the following responsibilities: 1. Safekeeping of Securities: Hold all fund deposits in the appropriate accounts, and provide Yrighly secure safekeeping of securities to minimize the risk of loss due to theft, fire or accident. 7 03 � Glv�- 2. Manage a securities lending program by lending securities to approved borrowers, arranging the terms and conditions of loans, monitoring mazket values of the securities lent and the collateral received, reporting earnings and directing the investment of the cash collateral. 3. Settlement of Trades: All trades, where applicable, will be executed delivery vs. payment (DVP). Tlus ensures that securities are deposited in the eligible Suancial insritution prior to the release of funds. Securities will be held by a tlurd party custodian, as evidenced by safekeeping receipts. 4. Collection of Income: Provide for receipt and prompt crediting of all dividend and interest payments received as a result of the Portfolio holdings. Monitor income receipts to ensure that income is received when due and institute an investigative process to track and conect late or insufficient payments, including reimbursements for any interest lost due to custodian esor. 5. Reporting: Providing monthly reports showing individual asset holdings with sufficient descriprive detail to include units, unit price, cost, market value, cusip number (where available) and any other information requested by the City. V. ADMINISTRATIVE AND REVIEW PROCEDURES The following administrative and review procedures are intended to conuol risk and ensure policy comptiance: A. A quarterly report prepared by the Treasury Manager will be provided to the Director of the Office of Financial Service, the Mayor, the Ciry Council and the Board of Water Commissioners. B. An anaual review of investment operations performed by the State Auditor. C. A desk procedures manual ("Admivistrativa Procedures Manual") will be developed and maintained to include legal authority, policies, job responsibilities, processing investment transactions, eligible security dealers and Snancial institutions, and securities descriptions. 03-G�.a D. Review Procedures for Performance Monitoring and Policy Compliance: 1. Review of Policy: At least annually, the policies, objectives and guidelines set forth in this document will be reviewed by the Treasury Manager and the Director of the Office of Financial Services. Any changes will be brought to the Mayor and City Council for approval. Key occunences that could result in a recommendation for policy modification include: a. Significant changes in the Cash Flow Projections or liquidity needs that may warrant policy change(s). b. Cl�a.uges in long-term fixed income mazket trends and pattems that are materially different than those assumptions used to set the policy (see E�ibit B). c. Significant growth (or reduction) in the assets of the Portfolio. 2. Review of Investment Results: The Treasury Manager will measure and evaluate performance at least quarterly with the extemal managers. The elements to be included in these reviews aze as follows: a. Evaluation of the total time-weighted return for quarterly and annual periods of the Total Portfolio, each Component Portfolio, and each sepazate account against benchmazks established in the IPS and the Manager Guidelines. b. Evaluation of risk adjusted returns, using Standard Deviation as a measure of risk, relative to the respective Performance Benchmark(s). c. Evaluation of yield for quarterly and annual periods relative to the respective Performance Benchmark(s). d. Compliance of investments with the guidelines and standards in tlus IPS far diversification and quality, as well as with statutory guidelines. e. Review of the balances in the Component Portfolios for sufficiency in relation to the Cash Flow Projection. � 03- LG� 3. Review of Investment Managers: The Treasury Manager will meet with the Investment Managers annually to review strategy and coufirm that the managers continue to satisfy Investment Manager selection criteria in ttris IPS. 4. Review of Investment Fees and Expenses: The fees and expenses associated with the investment prograztt will be reviewed at least annuaily to ensure they are reasonable and competitive. VL GENERAL INVESTMEPiT OBJECTIVES� CONS1`RAIlVTS AND GUIDELINES The goals of the City for the Portfolio are to preserve finaucial assets for future operating e�penses, maintain reserves to fund unplanned shortfalls and generate income to support the activities of the City. The investment objectives in support of these goals are as follows: A. Safety: Safety of principal, by mitigating credit risk and interest rate risk, is the foremost objective ofthe investment program. 1. Credit Risk: Credit risk (the risk of loss due to the failure of the security issuer or backer) will be m;nim;�ed by: a. Limiting investments to issues of (or backed by) the U. S. Govemment, its agencies or instrumentalities, States and Muuicipalities. b. Using only those financial instituuons, broker/dealers, intermediaries and advisers approved by the City. c. Diversifying investments so that potenrial losses on individual securities of a single issuer will be mininuzed. 2. Interest Rate Risk: Interest rate risk (the risk of a loss in market value due to general changes in interest rates) will be controlled through: a. Investing operatiqg funds primazily in shorter term securities, money mazket mutual funds or similaz investment pools (matching maturities with cash requirements). 10 a�-��� b. Establishing maximum guidelines for portfolio duration B. Liquidity: The Portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anricipated, including matching maturities with cash requirements. However, since all possible cash demands cannot be anticipated, the portfolio should consist lazgely of securities with active secondary resale markets. C. Rehun: The investment portfolio shall be managed with the objective of attaining a rate of return throughout budgetary and economic cycles consistent with the ob}ectives of principal preservation, liquidity (in A and B above) and avoidance of realized losses. Return on investment is of secondary importance compared to safety and liquidity. The total annualized return for each Component Portfolio is expected to exceed the total return of the performance benchmark established in this IPS for each Component, wlule maYimizing the portion of return derived from current income. The return for the Total Portfolio is e�ected to exceed the total return on the Composite Bencluvark (representing the dollar-weighted composite of the three Component Portfolio benchmazks). D. Loss Avoidance: Investment transactions shall seek to ensure that capital losses are auoided. In the event of a need to liquidate any security prior to maturity, consideration shall be given to selecting securities that auoid or minimize the realization of capital losses. Exceptions due to credit deterioration may be acceptable if such transactions were executed under guidelines listed herein and notification is made to the Director of the Office of Financial Services, the Mayor and City Council. VII. GUIDELINES FOR INVESTMENTS IN SPECIAL PROJECT5 OR PROGRAMS The City, from time to time, may authorize projects or special purpose financings to further a particular social or economic development program through the use of City funds as capital, collateral or financing. A typical program may entail depositing fixuds at local banks to support neighborhood lending or low-income housing. To carry out such projects or programs, City fixnds may be allocated to investments in local banking institutions or other investments that otherwise fall outside of this policy statement. The 11 03-��� Treasury Manager is authorized to implement investment strategies in support of such projects or programs upon direction from the Director of the Office of Financial Services, with notification made to the City CounciI, All investments purchased under such programs must comply with Minuesota Statutes 118A, and investments that fall outside of tlus policy's portfolio weighting constraints require notification to the Mayor and City Council prior to trade execution. VIII. COMPONENT PORTFOLIO5: OBJECTIVE3� CONSTRAIlVTS AND AUTHORIZED INVESTMENTS A. Daily Portfolio: The Daily Portfolio provides liquidity for operating expenses and other expenditures reflected in the annual Cash Flow Projection maintained by the Treasury Manager. The objectives aze preservation of principal, liquidity to meet daily needs and a competitive yield as measured by the performance benchmazk for the Daily PortfoGo. 1. Minnesota Statutes: Investments shall satisfy Mnnesota Statutes governing municipal investment, specifically Mivuesota Statutes Chapter 118A, a copy of wluch is attached as Exhibit A. 2. Time Horizon: The Daily Portfolio is intended to fund daily withdrawals as well as planned withdrawals wittrin a 12-month period. 3. Liquidity: Investments must provide liquidity as needed on a daily basis. 4. Risk Tolerance: Investments must satisfy liquidiTy requirements without risk of principal loss. 5. Retum: Investments should generate total returus that are competitive within the pazameters (above) for liquidity and risk tolerance. 6. Performance Benchmark: 30-day T Bil1. 7. Authorized Investments and Guidelines: Subject to Minnesota Statutes Chapter 118A, the following investments are authorized: 12 03-�(,� Weighting Constraints Commerciai Paper Up to 100% Maximum of $SMM in a single issuer Bankers Acceptances Up to 50% Maximum of $5MM in a single issuer Certificates of Up to $IONIIv1* Collateralized at Deposit 110%; one year maximum term Repurchase Up to 100% A Master Repurchase Agreement must Agreements be executed with the counter party. 102% collateral required. Treasury Bills Up to 100% Agency Notes Up to 100% No more than 20% of total portfolio per agency Money Market Funds Up to 100% S.E.C. Rule 2a7 *The maYimum holding of CDs in the total portfolio, including the daily and intermediate, shall not exceed $10 million. 8. Diversification: Subject to the guidelines in A 7(above), the Daily Portfolio should be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific issuer, maturity or class of securities. 9. Commercial Paper: At the time of purchase, securities from a single issuer shall not exceed 5% (or the lesser of $SMM per issuer) of the total daily portfolio and shall be rated the lughest credit quality by two of the following rating agencies: Standard and Poor (A-1), Fitch (F1), and Moody's (P-1). In the event that the 5% issuer guideline is exceeded through trading activities, written notification shall be made to the Director of the Office of Financial Services and made available to the City Council and Mayor. B. Short Term Portfolio: The Short Term Portfolio serves as a cusluon to cover operating expenses or unplanned shortfalls that occur in the Daily Portfolio. The investment objectives are principal preservation, liquidiry to fund cash outflows when needed and a return that exceeds the performance benchmark established in this IPS. 1. Minnesota Statutes: Investments shall satisfy Minnesota Statutes governing municipal investment, specifically Minuesota Statutes Chapter 118A, a copy of which is attached as E�ibit A. 13 03 GG� 2. Time Horizon: The Short Term Portfolio is intended to fund occasional shortfalls in the Daily Portfolio. Since the potential outflows are e�ected to be infrequent, the time horizon for investments is between one and three yeazs. 3. Liquidity: Investments must provide liquidity as directed. 4. Risk Tolerance: Investments should satisfy liquidiry requirements without risk of principal loss. 5. Duration: To satisfy the parameters for liquidity and risk tolerance (above), the ma�mum duration of the portfolio is 130% of the benclimark duration. 6. Return: The total return should exceed the total retum of the Performance Benchmark, with emphasis on current income. 7. Performance Benchmazk: Lehman 1-3 Year Government Index 8. Authorized Investments and Guidelines: Subject to Miunesota Statutes Chapter 118A, the following investments are authorized: Weighting Constraints U.S. Treasury Up to 100% Maximum maturity of 36 months Securities Agency Securities Up to 100% Maximum maturity of 36 months 9. Diversification: Subject to the guidelines in B 8(above), the Short Term Portfolio should be diversified to elimina.te the risk ofloss resulting from over-concentration of assets in a specific maturity. C. Intermediate Term Portfolio: The Intermediate Term Portfolio serves as a reserve to fund unplanned shortfalls or capital needs. The investment objectives aze principal preservatioq liquidity to fund cash outflows that may be unplanned and a total retum that exceeds the Performauce Benchmark. 1. Minuesota Statutes: Investments shall satisfy Miunesota Statutes governing municipal investment, specifically Minnesota Statutes Chapter 118A, a copy of which is attached as Exhibit A. 14 03- GG� 2. Time Horizon: The Intermediate Term Portfolio serves as a reserve for unplanned shortfalls or capital requirements. Withdrawals are generally not anticipated; therefore, the time horizon for investments is longer than three years. 3. Liquidity: Investments must provide liquidity as needed. 4. Risk Tolerance: Investments should satisfy liquidity requirements with the objective of minimi�ing any realized principal loss. 5. Duration: To satisfy the parameters for liquidity and risk tolerance (above), the maximum duration of the portfolio is 125% of the bencl�mark duration. 6. Return: Investments should generate total retums that exceed the total return of the Performance Bencbmark, with an emphasis on yield m�xim;�ation. 7. Performance Benchmazk: Extemal Managers: 80% Lehman Intermediate Government Index / 20% 15- yeaz MBS Index Internal Portfolio: 100% Lelunau Intermediate Government Index 8. Authorized Investments and Guidelines: Subject to Minnesota Statutes 118A, the following investments are authorized: Weighting Constraints U.S. Treasury Up to 100% Securities Agency Securities Up to 100% No more than 20% in a single issue Structured Agency Up to 80% No more than 20% in a single issue Notes Agency Pass Up to 40% No more than 10% in a single issue Throughs Agency CMOs Up to 20% No more than 5% in a single issue Municipal Securities Up to 25% No more than 5% in a single issue Certificates of Up to $lOMM* Collateralized at Deposit 110%; three year maximum term *The ma.�mum holding of CDs in the total portfolio, including the daily and intermediate, shall not exceed $10 million. 15 03 - GG � 9. Diversification: Subject to the guidelines in C 8(above), the Intermediate Term Portfolio should be diversified to elinunate the risk of loss resulting from over- concentration of assets in a specific issuer, maturity or class of securities. IX. SELECTION OF EXTERNAL INVE5TMENT MANAGERS FOR INTERMEDIATE TERM PORTFOLIO Criteria for selecuon of Investment Managers and Mutual Funds are: A. Adherence to a clearly-articulated investment strategy and discipline. B. A m;nirrn,m five-year perfonnance track record: A Manager's performance will be compared to the appropriate benchmark designated in this IPS. Performance will be evaluated on a risk-adjusted basis considering annual returns, cumulauve annualized returns, standard deviation of returns and a measure of performance in down-market cycles. C. History of the fiim: Organizational structure, assets under management, clientele in the municipal and government sector and the tenure of key portfolio manager(s) responsible for the performauce track record. D. Negotiated Fees. E. Firm Insurance. F. Contributions and distributions can be accommodated without materially affecting performance. G. Ability to comply with Minnesota Statutes Chapter 118A. 16 03 - GG�- X. TERNIINATION OF EXTERNAL INVESTMENT MANAGETtS FOR THE INTERMEDIATE TERM PORTFOLIO A. Investment managers will be reviewed for possible replacement on an ongoing basis. Reasons for replacement may include, but aze not limited to, the following: 1. Failure to outperform the designated benchmazk on a risk adjusted basis, after fees, over the investment Time Horizon or a matket cycle. 2. Significant under-performance relative to the designated Performance Benchmark over a two- to three-yeaz period or a mazket cycle. 3. Change in firm ownerslup or loss of key personnel. 4. A real or perceived change in investment style or discipline. 5. A violation of the standards and guidelines in this IPS or the Manager Guidelines. 17 � J`�� �' Page 1 of 9 Exhibit A Minnesota Statutes 2002, Chapter 118A. Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. ==118A.01 118A.01 Definitions. subdivision l. Application. The definitions in this section apply to sections 118A.01 to 118A.06. Subd. 2. Government entity. (a) "Government entity" means a county, city, town, school district, hospital district, public authority, public corporation, public commission, special district, any other political subdivision, except an entity whose investment authority is specified under chapter 11A or 356A. (b) For the puxposes of sections 118A.02 and 118A.03 only, the term includes an American Indian tribal government entity located within a Eederally recognized American Indian reservation. Subd. 3. Financial institution. "Financial institution" means a savinqs association, commercial bank, trust company, credit union, or industrial loan and thrift company. Subd. 4. Public funds. "Public funds" means all qeneral, special, permanent, trust, and other funds, regardless of source or purpose, held or administered by a government entity, unless otherwise restricted. HIST: 1996 c 399 art 1 s 2; 1999 c 151 s 39 ==118A.02 118A.02 Depositories; investing: sales, proceeds, immunity. subdivision 1. Designation; delegation. (a) The governing body of each government entity shall designate, as a depository o£ its Punds, one or more financial institutions. (b) The governing body may authorize the treasurer or chief financial ofPicer to: (1) designate depositories of the funds; (2) make investments o£ Punds under sections 118A.01 to 118A.06 or other applicable law; or (3) both desiqnate depositories and make investments as provided in this subdivision. Subd. 2. Sale; proceeds; immunity, if loss. (a) The treasuxer or chief financial o£ficer oP a government entity may at any time sell obligations purchased puxsuant to this section and the money received Prom such sale, and the interest and pro£its or loss on such investment shall be credited or charged, as the case may be, to the £und £rom which the investment was made. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 � 3'lp(p � Page 2 of 9 (b) Neither such official nor government entity, nor any other official responsible for the custody o£ such funds, sha11 be personally liable for any loss sustained from the deposit or investment of £unds in accordance with the provisions of sections 118A.04 and 118A.05. HIST: 1996 c 399 art 1 s 3 ==118A.03 118A.03 When and what collateral requixed. Subdivision 1. For deposits beyond insurance. To the extent that funds deposited are in excess of available federal deposit insurance, the government entity shall require the financial institution to furnish collateral security or a corporate surety bond executed by a company authorized to do business in the state, _SVhA 9 Tn liPn nf cnrP1 bond_ Th fO�IOW�II(j, drE the allowable Porms of collatexal in lieu of a corporate surety bond: (1) United States government treasury bills, treasury notes, treasury bonds; (2) issues of United States government agencies and instrumentalities as quoted by a recognized indust.cy quotation service available to the government entity; (3) genexal obligation securities of any state or local govexnment with taxing powers which is xated "A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating seivice; (4) irrevocable standby letters of credit issued by Federal Home i,oan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or bettex by Moody's Investors Sexvice, Inc., ox Standard &> Poor's corporation; and (5) time deposits that are Pully insured by the Federal Deposit Insurance Corporation. Subd. 3. Amount. The total amount o£ the collateral computed at its market value shall be at least ten percent more than the amount on deposit plus accrued interest at the close of the business day. The financial institution may furnish both a surety bond and col�ateral aqgregating the required amount. Subd. 4. Assignment. Any collateral pledged shall be accompanied by a wxitten assignment to the government entity from the financial institution. The written assignment shall recite that, upon de£ault, the financial institution shall release to the government entity on demand, free of exchange or any other charges, the collateral pledged. Interest earned on assigned collateral will be remitted to the £inancial institution so long as it is not in default. The government entity may sell the collatexal to recover the amount due. Any surplus £rom the sale of the collateral shall be payable to the http://www.revisor.leg.state.mn.us/c�-bin/getstatchap.pl 6/12/2003 d 3��j �� Page 3 of 9 financial institution, its assigns, or both. Subd. 5_ Withdrawal of excess collateral. A financial institution may withdraw excess collateral or substitute other collateral after qiving written notice to the governmental entity and receiving confirmation. The authority to return any delivered and assigned collateral rests with the government entity. Subd. 6. De£ault. For pu=poses of this section, default on the part o£ the financial institution includes, but is not limited to, £ailure to make interest payments when due, failure to pxomptly deliver upon demand all money on deposit, less any early withdrawal penalty that may be required in connection with the withdrawal of a time deposit, ox closure of the depository. If a£inancial institution closes, all deposits shall be immediately due and payable. It shall not be a default under this subdivision to require prior notice of withdrawal if such notice is required as a condition of withdrawal by applicable £ederal law or regulation. Subd. 7. Sa£ekeepinq. All collateral shall be placed in safekeeping in a restricted account at a Federal Reserve Bank, or in an account at a trust department of a commercial bank or other financial institution that is not owned or controlled by the financial institution furnishing the collateral. The selection shall be approved by the government entity. HIST: 1996 c 399 art 1 s 4 ==118A.04 118A.04 Investments. Subdivision 1. What may be invested. Any public funds, not presently needed for other purposes or restricted for other purposes, may be invested in the manner and subject to the conditions provided for in this section. Subd. 2. United States securities. Public funds may be invested in governmental bonds, notes, bills, mortqages (excluding high-risk mortgage-backed securities), and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of congress. Subd. 3. State and local securities. Funds may be invested in the following: (1) any security which is a general obligation o£ any state or local government with taxing powers which is rated "A" or better by a national bond rating service; (2) any security which is a revenue obligation of any state or 1oca1 government with taxing powers which is rated "�" or better by a national bond rating service; and (3) a general obligation o£ the Minnesota housing £inance http://www.revisor.leg. state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 �3 ` � Page 4 of 9 agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. Subd. 4. Commercial papers. Funds may be invested in commercial pape= issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating aqencies and matuxes in 270 days or less. Subd. 5. Time deposits. Funds may be invested in time deposits that are £ully insured by the Federal Deposit Insurance Coxporation or bankers acceptances of United States banks. Subd. 6. High-risk mortgage-backed securities. For the purposes of this section and section 118A.05, "high-risk mortgage-backed securities" are: (a) interest-onlv or principal-onlv mortqaqe-backed secuxities; and (b) any mortgage derivative security that: (1) has an expected average li£e greater than ten years; (2) has an expected average li£e that: (i) will extend by more than four years as the result of an immediate and sustained parallel shi£t in the yield curve of plus 300 basis points; or (ii) will shorten by moxe than six years as the result of an immediate and sustained parallel shift in the yield curve of minus 300 basis points; or (3) will have an estimated change in price of more than 17 percent as the result of an immediate and sustained parallel shift in the yield curve o£ plus or minus 300 basis points. Subd. 7. Temporary general obligation bonds. Funds may be invested in genexal obligation temporary bonds o£ the same governmental entity issued under section 429.091, subdivision 7, 469.178, subdivision 5, or 475.61, subdivision 6. Subd. 8. Debt service £unds. Funds held in a debt service fund may be used to purchase any obligation, whether general or special, of an issue which is payable Erom the Pund, at such price, which may include a premium, as shall be agreed to by the holdex, or may be used to redeem any obligation of such an issue prior to maturity in accordance with its terms. The securities repxesenting any such investment may be sold by the governmental entity at any time, but the money so received remains part of the fund until used for the purpose for which the fund was created. Any obligation held in a debt sexvice fund from which it is payable may be canceled at any time unless otherwise provided in a resolution or other instrument securing obligations payable from the fund. Subd. 9. Broker; statement and receipt. (a) For the purpose o£ this section and section 118A.05, the term "broker" http://www.revisorleg.state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 Q�'' �O�O � Page 5 of 9 means a broker-dealer, broker, or agent o£ a government entity, who transfers, purchases, se11s, or obtains securities fox, or on behal£ o£, a government entity. (b) Prior to completing an initial transaction with a broker, a government entity shall provide annually to the broker a written statement oP investment restrictions which shall include a pxovision that all future investments are to be made in accordance with Minnesota Statutes qovexning the investment o£ public Punds. (c) A bxoker must acknowledge annually receipt of the statement of investment restrictions in writing and agree to handle the government entity's account in accordance with these restrictions. A government entity may not enter into a transaction with a broker until the broker has provided this written agreement to the government entity. (d) The state auditor shall prepare uniform noti£ication forms which shall be used by the government entities and the brokers to meet the requirements of this subdivision. HIST: 1996 c 399 art 1 s 5 ==118A.05 118A.05 Contracts and agreements. Subdivision 1. May enter into. In addition to other authority granted in sections 118A.01 to 118A.06, govexnment entities may enter into contracts and agreements as Pollows. Subd. 2. Repurchase agreements. Repurchase agreements consisting of collateral allowable in section 118A.04, and reverse repurchase agreements may be entered into with any o£ the following entities: (1) a financial institution qualified as a"depository" of public funds of the government entity; (2) any other financial institution which is a member of the Federal Reserve System and whose combined capital and surplus equals or exceeds $10,000,000; (3) a primary reporting dealer in United States government securities to the Federal Reserve Bank of New York; or (4) a securities broker-dealer licensed pursuant to chapter 80A, or an a££iliate of it, regulated by the securities and exchange commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. Reverse agreements may only be entered into £or a period of 90 days or less and only to meet short-term cash £low needs. In no event may reverse repurchase agreements be entered into £or the purpose o£ generating cash £or investments, except as stated in subdivision 3. � Subd. 3. Securities agreements. Securities lending agreements, including custody agreements, may be entered http://wwwsevisor.leg. state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 Q 3^ rp �O � Page 6 of 9 into with a financial institution meeting the qualifications of subdivision 2, clause (1) or (2), and having its principal executive of£ice in Minnesota. Securities lending txansacti4ns may be entered into with entities meeting the qualifications of subdivision 2 and the collateral for such transactions shall be restricted to the secuxities described in this section and section 118A.04. Subd. 4. Minnesota joint powers investment trust. Government entities may enter into agreements or contracts for: (1) shaxes of a Minnesota joint powers investment trust whose investments are restricted to securities described in this section and section 118A.04; (2) units of a short-term investment fund established and administered pursuant to regulation 9 0£ the o££ice of the Comptroller of the Currency, in which investments are restricted to GPt�.nritiP� dPSrritnPrl in Yhiv sPrYion and Gect�on ��BA 04• (3) shares o£ an investment company which is registered under the Federal Investment Company Act of 1940 and which holds itself out as a money market fund meeting the conditions o£ rule 2a-7 of the Securities and Exchange Commission and is rated in one of the two highest rating categories £or money market £unds by at least one nationally recognized statistical iating organization; or (4) shares o£ an investment company which is registexed under the Federal Investment company Act of 1940, and whose shares are registered under the Federal Securities Act o£ 1933, as long as the investment company's fund receives the highest credit rating and is rated in one o£ the two highest risk ratinq categories by at least one nationally xecognized statistical rating organization and is invested in £inancial instruments with a final maturity no longer than 13 months. Subd. 5. Guaranteed investment contracts. Agreements or contracts fox guaranteed investment contracts may be entered into if they are issued or guaranteed by United States commercial banks, domestic branches o£ £oreiqn banks, United States insurance companies, or their Canadian subsidiaries. The credit quality of the issuer's or guarantor's short- and long-term unsecured debt must be xated in one of the two highest categories by a nationally recognized rating agency. should the issuer's ox guarantor's credit quality be downgraded below "A", the government entity must have withdrawal rights. AIST: 1996 c 399 art 1 s 6; 1997 c 219 s 1; 2000 c 493 s 1 ==118A.06 118A.06 Sa£ekeeping; acknowledgements. Investments, contracts, and agreements may be held in safekeeping with: (1) any Fedexal Reserve Bank; (2) any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including, but http://www.revisor.leg.state.mn.us/c�-bin/getstatchap.pl 6/12/2003 d,j��p�p�- Page7of9 not limited to, the bank Prom which the investment is purchased; (3) a primary reporting dealer in United States government securities to the Federal Reserve Bank of New York; or (4) a securities broker-dealer having its principal executive of£ice in Minnesota, licensed under chapter 80A, or an af£iliate of it, and regulated by the Securities and Exchange commission; provided that the government entity's ownership of all securities is evidenced by written acknowledgments identi£ying the securities by the names of the issuers, maturity dates, interest rates, CUSIP number, ox othex distinguishing marks. HIST: 1996 c 399 art 1 s 7 ==118A.07 118A.07 Additional investment authority. Subdivision l. Authority provided. As used in this section, "governmental entity" means a city with a population in excess of 200,000 or a county that contains a city of that size. If a governmental entity meets the requirements of subdivisions 2 and 3, it may exercise additional investment authority under subdivisions 4, 5, and 6. Subd. 2. Written policies and procedures. Prior to exercising any additional authority under subdivisions 4, 5, and 6, the governmental entity must have written investment policies and procedures governing the following: (1) the use o£ ox limitation on mutual bond £unds or other securities authorized or permitted investments under law; (2) specifications for and limitations on the use of derivatives; (3) the £inal maturity of any individual security; (4) the maximum average weighted life of the port£olio; (5) the use o£ and limitations on reverse repurchase agreements; (6) credit standards £or financial institutions with which the government entity deals; and (7) credit standards for investments made by the government entity. subd. 3. Oversight process. Pxio.r to exercising any authority under subdivisions 4, 5, and 6, the governmental entity must establish an oversight process that provides fox review of the government entity's investment strategy and the composition of the £inancial port£olio. This process shall include one or more of the £ollowing: (1) audit reviews; (2) internal or external investment committee reviews; and http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 Q 3—(� �pa- Page 8 of 9 (3) internal management control. Additionally, the governing body o£ the governmental entity must, by xesolution, authoxize its tx'easurer to utilize the additional authorities under this section within their prescribed limits, and in conformance with the written limitations, policies, and procedures of the governmental entity. If the governing body of a governmental entity exercises the authority provided in this section, the treasurer o£ the qovernmental entity must annually report to the governing body on the findinqs o£ the oversight process required under this subdivision. IP the governing body intends to continue to exercise the authority provided in this section for the following calendar year, it must adopt a resolution a££irming that intention by Decembex 1. Subd. 4. Re urchase a reements. A overnment entit may enter into repurchase agreements as authorized under section 118A.05, provided that the exclusion o£ moxtgage-backed securities defined as "high-risk mortgage-backed secuxities" under section 118A_04, subdivision 6, shall not apply to repurchase agreements under this authority if the margin requirement is 101 percent or more. Subd. 5. Reverse repurchase agreements. Notwithstanding the limitations contained in section 118A.05, subdivision 2, the county may enter into reverse repurchase agreements to: (1) meet cash £low needs; or (2) generate cash for investments, pxovided that the total securities owned shall be limited to an amount not to exceed 130 percent o£ the annual daily avexage of general investable monies for the £iscal year as disclosed in the most recently available audited financial report. Excluded from this limit are: (i) securities with maturities of one year or less; and (ii) securities that have been xeversed to maturity. There shall be no limit on the term oP a reverse repurchase agreement. Reverse repurchase agreements shall not be included in computing the net debt oP the governmental entity, and may be made without an election or public sale, and the interest payable thexeon shall not be subject to the limitation in section 475.55. The interest shall not be deducted or excluded from gross income o£ the recipient Por the purpose o£ state income, corporate franchise, or bank excise taxes, or if so provided by federal law, for the purpose of federal income tax. Subd. 6. Options and futures_ A government entity may enter into futures contracts, options on futures contracts, and option agreements to buy or sell securities authorized under 1aw as legal investments Por counties, but only with respect to securities owned by the govexnmental entity, including securities that are the subject of reverse repurchase agreements under this section that expire at or before the due date of the http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 D3��p(pa Page9of9 option agreement. HIST: 1996 c 399 art 1 s 8 ==118A.08 118A.08 No superseding e££ect. Except as provided in Laws 1996, chapter 399, article 1, section 11, sections 118A.01 to 118A.06 shall not supersede any general or special law relating to the deposit and investment of public £unds. HIST: 1996 c 399 art 1 s 9 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/12/2003 b3-lol0� Ezhibit B Benchmark Descriptions 30 Day Treasury Bill Definition: Retums aze provided by the Federal Reserve. Lehman Brothers 1-3 Year Government Index Definition: Securities in the U. S. Government Index with a maturity from 1 up to (but not including) 3 years. Lehman Brothers 15 Year Mortga¢e Backed Securities Index or Merrill Lvnch 15 Xear Mort�age Backed Securities Index Definition: Pass-through securities with an original maturity of 15 yeazs. Lehman Brothers Intermediate Government Index Definition: Securities issued by the U.S. Government (Treasury and Agency secwities) having a maturity from 1 up to, but not including l0yeazs. Return and Risk (1993 to 2002) 15 Intertnediate 73YearGOVte g0lntGOV/20 Retum 8 7 6 5 4 • 30 �ay TBill 3 0 2 3 Risk Retum Risk 30 �ay TBiil 4.18 0 35 L3 VearGOVt 6.08 7 64 Intertnediate Govt 6.91 2 98 iSYearMBS 7.24 2.89 801ntGOV/2015YrM8 6.98 2.92