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HomeMy WebLinkAboutAgenda_GGAF_01.28.2015Notice of Meeting for the General Government and Finance Advisory Board of the City of Georgetown January 28, 2015 at 3:30 PM at Georgetown Public Library Friends of the Library Room, located at 402 West 8th Street, Georgetown, TX The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Legislative Regular Agenda A Review minutes from the January 7, 2015 GGAF Meeting - Danella Elliott, Executive Assistant B Discussion and recommended selection of Valley View Consulting, LLC for Investment Advisory Services - Susan Morgan, CPA, Finance Director C Consideration and recommendation to implement an expansion of the City’s Infor Enterprise Asset Management software to enable its use for vehicle fleet management at the City of Georgetown’s Fleet Service Center - Chris Bryce, Assistant Director – IT; Stan Hohman, Fleet Maintenance Supervisor; Paul Diaz, Utilities Financial Analyst D Overview of the City’s Debt Program, including current outstanding and proposed debt obligations - Micki Rundell, Chief Financial Officer CERTIFICATE OF POSTING I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the ______ day of __________________, 2015, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. ____________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas Government and Finance Advisory Board January 28, 2015 SUBJECT: Review minutes from the January 7, 2015 GGAF Meeting - Danella Elliott, Executive Assistant ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Danella Elliott, Executive Assistant ATTACHMENTS: Description Type Draft Minutes from 01.07.15 GGAF Meeting Cover Memo Minutes of the Meeting of the GENERAL GOVERNMENT AND FINANCE ADVISORY BOARD (GGAF) City of Georgetown, Texas January 7, 2015 The General Government and Finance Advisory Board met at 3:30 p.m. on Wednesday, January 7, 2015 in the Georgetown Public Library Friends of the Library Room, located at 402 West 8thth Street, Georgetown, Texas. MEMBERS PRESENT: Keith Brainard, Chair, Tommy Gonzalez, Jerry Hammerlun, Joe Pondrom, Ralph Mason MEMBERS ABSENT: None STAFF/OTHERS PRESENT: Jim Briggs, Laurie Brewer, Micki Rundell, Mike Peters, Stan Hohman, Trina Bickford, James Davis, Chris Bryce, Chris Foster, Jennifer Bills, Skye Masson, Michelle Villarreal, Mark Thomas, Dennis Hoover (Owner, Northwest Apartments); Doug Duffie, CPA and Shawn Seaberg, PulteGroup; Matt Loeschman (Williamson County Sun) A copy of these minutes, containing detailed information on the items listed below will be available in the Finance and Administration Office, located at 113 East 8th Street, Georgetown, TX and can be found online at http://agendas.georgetown.org/ Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon’s Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. Regular Session – Called to order at 3:30 p.m. The GGAF Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair of the GGAF Committee for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form. Clearly print your name and the letter of the item on which you wish to speak and present it to the Chair or Board Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board considers that item. On a subject not posted on the agenda: Persons may add an item to a future Board agenda by contacting the Liaison prior to the creation of the agenda for the following meeting, with the subject matter of the topic they would like to address and their name. The Board Liaison can be reached at 512-930-3676 or by email at danella.elliott@georgetown.org Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that Board may act on with one single vote. A board member may pull any item from the Consent Agenda in order that the Board discuss and act upon it individually as part of the Regular Agenda. Council advised on August 26th to not have a Consent Agenda at Boards and Commission meetings; previously posted items were moved and discussed on the Legislative Regular Agenda. Legislative Regular Agenda The Board will individually consider and possibly take action on any or all of the following items: Keith Brainard, Chair, called to meeting to order at 3:30 p.m. A. Review minutes from the December 3, 2014 GGAF meeting - Danella Elliott, Executive Assistant Tommy moved approval, Jerry seconded. All board members present approved (5-0) B. Consideration and recommendation to implement an expansion of the City’s Infor Enterprise Asset Management software to enable its use for vehicle fleet management at the City of Georgetown’s Fleet Service Center - Stan Hohman, Fleet Maintenance Supervisor and Chris Bryce, Assistant Director of IT Technology Director Chris Bryce and Stan Hohman presented. Staff explained that this item is an expansion of the 2014 Infor Enterprise Asset Management project to include fleet. This module will replace the current software, called RTA, which was purchased in 1998. Stan explained that mechanics currently use a lot of time on their computers, as opposed to make repairs. RTA is also not designed for a diverse fleet like Georgetown’s. The new program will have increase ability to track vehicles and schedule predictive maintenance. The eventual goal will be for less downtown and more scheduled repairs. The Infor product uses an existing product that the City already owns and limits new systems for IT to manage. It allows for improved preventative maintenance, maximized warranty recovery, improve time tracking, and better forecasts for replacement schedules. The software costs $52,000, the consulting $83,000, hardware $3,000 for a total of $142,000. Tommy asked about fleet’s operating budget of $1.2 million. Staff clarified that this did not include sold assets. Staff also clarified that it would take one to two years to develop predictive data. Jerry asked about the length of time that the consultant will work. Staff clarified that it would be four to six months, and the entirety of the $83,000 was an outsourced cost. The board then began a discussion regarding cost savings, return on investment (ROI), and the need for new products in the future. Micki clarified that the current product has been used for 15 years, the current IT platform no longer supports it, and the City will realize a savings by not using it anymore. Stan will better be able to make repair decisions and updating RTA is no longer practicable. Jerry asked why software costs only $52,000, but the consulting work is $83,000. Mike Peters explained that data conversion and developing the module to work for Georgetown is expensive. Micki reiterated that implementation is the major cost factor when purchasing new software (e.g. training). The board then discussed not doing any data conversion, and simply collecting data starting today. Tommy asked what the costs savings would be if the City purchased this module. He would like all items to have this type of justification so he can clearly justify expenses, time savings, FTE savings, etc. Jerry asked for testimonials from other cities. Joe asked for data conversion costs and, more specifically, an itemization of the $83,000 consulting cost. Micki said she would bring back an ROI and testimonials at the January meeting. C. Purchase of replacement Cisco Network Switches from Presidio Networked Solutions for $77,052.60 - James Davis, IT Operations Manager and Mike Peters, Information Technology Director James Davis presented. This is a request to replace network switches in the City. The vendor is on a Texas Department of Information Resources (DIR) contract. Tommy asked which systems were being replaced. James explained that these are the boxes in buildings that connect the computers to the network. Tommy moved approval, Joe seconded. All board members present approved (5-0) D. Consideration and possible action to approve a loan agreement with Steele Georgetown LIHTC, LLC. to assist in securing Housing Tax Credits for the renovation of 55 existing affordable units at Georgetown Square Apartments located at 206 Royal Drive.—Jennifer C. Bills, Housing Coordinator and Laurie Brewer, Assistant City Manager Jennifer Bills introduced both item D and item E. They are similar items. The federal government issues tax credits to the state. The state then allows people to apply for these credits. The Qualified Action Plan that the state provides has requirements that give preference to applicants who have local support. The support in both these cases, if approved, will be show in the form of a collateralized loan from the City. Both of these apartment complexes already exist. Jennifer then introduced item D, the Georgetown Square Apartments. These were built in 1973, are section 8 housing, and have not had significant renovations since they were built. To secure the maximum number of points on the Qualified Action Plan, they will need the City to provide the loan and a tax credit resolution. The loan is totally collateralized. The developer provides the money to the City to hold in escrow. The City then calls the money a loan and gives it back to the developer. The minimum loan for this project would be $30,000 and the maximum would be $450,000. The board asked what impact the new Northwest Bridge will have on the property. Jennifer clarified that it will “clip” the property and takes about 10 feet. Tommy clarified that the points give them credits; this is not a financial issue. Jerry asked that Jennifer show where the bridge will be when this item goes to Council. Keith reiterated that staff needs to show that the bridge and 971 will not interfere with this project. Joe suggested using exhibit B with the new 971 alignment. Staff once again stated that the loan is fully collateralized. Jerry moved to approve the $450,000 loan, Ralph seconded. Passed (4-1), with Tommy opposed. E. Consideration and possible action to approve a loan agreement with HVM 2015 Georgetown, Ltd. To assist in securing Housing Tax Credits for the renovation of 24 existing affordable units at Northwest Apartments, located at 1623 Northwest Boulevard.—Jennifer C. Bills, Housing Coordinator and Laurie Brewer, Assistant City Manager Jennifer Bills presented this item. The Northwest Apartment were rejected during the last application cycle due to a technicality. The minimum loan for this project is $12,000 and the maximum is $197,633. The owner of the project, Dennis Hoover, spoke. He wanted to clarify that this was not a direct cash payment to the City. Micki clarified that this is done through a trustee custodial agreement. Tommy went on to say that the money is secured by the bank and released at the end of the project. It is a tool for subsidizing for-profit ventures. Keith asked Tommy about his dissenting vote on the previous item. Tommy clarified that it was due to the fact that federal tax money was going to a for-profit company. Staff clarified that it was a $1 million renovation and the properties are taxed. Staff clarified that the resolution will go to Council on January 27th. Jerry moved to approve the $197,633 loan, Joe seconded. Passed (4-1), with Tommy opposed. F. Discussion regarding the use of Direct Payment Sales Tax Permits as Economic Development Tools - Christopher Foster, Manager of Resource Planning and Integration and Mark Thomas, Economic Development Director Chris Foster presented. Direct pay permits allow vendors to pay sales tax in the area where they use their materials, as opposed to where they purchase their materials. It is a form of tax shifting. There are special requirements that require special accounting. Usually large institutions, like oil and gas companies or power companies, use these permits. Typically the tax is shifted to an area that does not have the 2% local sales tax. The direct pay permits can be used in conjunction with 380 agreements to allow the vendor to rebate a portion of the shifted tax. This type of economic development tool yields rather low dollar amounts compared to other tools. The City also cannot control other communities who implement this tool. Staff requested a general discussion regarding developing 380 agreements and permitting direct pay permits in Georgetown. Keith asked the representatives from Pulte to introduce themselves. Shawn Seaberg with PulteGroup and Doug Duffie, CPA, both spoke. They explained that 95% of sales tax goes to other cities. Direct payment permits redirect tax. It is better to pay sales tax in the city where they build. The cost to track is substantial, but it makes them a better community member. They clarified that only one-third of their Pro-Build receipts are from the Pro-Build located in Georgetown. Tommy stated that Georgetown gets a portion of sales tax and rebates a portion to Pulte. There is a potential loss from the Pro-Build rebate. Staff clarified that the Georgetown Pro-Build would be excluded. The Pulte representatives said will request reimbursement twice per year; 80% of 1% of their sales tax and protect the Pro-Build sales. Tommy said all other homebuilders will want the same deal. This action would set a precedent. The board asked that all local major lumber suppliers be exempts. The board said this item will not return to GGAF, but will go straight to Council. Staff will compare other 380 agreements, develop standard terms, and include Pulte’s deal points. Tommy moved approval, Joe seconded. All board members present approved (5-0). G. Consideration and possible action to approve the board bylaws in accordance with the revised Code of Ordinances – Micki Rundell, CFO and Danella Elliott, Staff Liaison Skye Masson presented. These are the new bylaws approved by Council. A vice-chair will be elected in March with the new board appointments. Tommy moved approval, Joe seconded. All board members present approved (5-0). Adjournment The meeting was adjourned at 4:36 pm. _____________________________________ Board Chair City of Georgetown, Texas Government and Finance Advisory Board January 28, 2015 SUBJECT: Discussion and recommended selection of Valley View Consulting, LLC for Investment Advisory Services - Susan Morgan, CPA, Finance Director ITEM SUMMARY: Background. The City contracts for outside expertise to assist with its investment portfolio management. The current contract for limited investment advisory services with Valley View Consulting, L.L.P. will expire February 28, 2015 with no additional renewal options. Valley View was selected through a competitive proposal process conducted in 2009/2010. RFP Process. The economy and City’s needs have changed substantially since the last process was undertaken almost 6 years ago. The City has higher balances and more detailed requirements with no more staff resources available. To meet these growing needs, this RFP included a more standard full service request for investment advisory services. The RFP was prepared using best practices as outlined by the Government Finance Officers Association, and as professional services, was focused on best qualifications and best match for the City’s needs. Internal policies require at least an informal proposal process for this dollar amount of services; however, in an abundance of caution, staff traditionally conducts a formal solicitation process for these services. The RFP was issued November 17, 2014 with 4 proposals received on the December 16, 2014 due date. The staff review committee consisted of the three authorized investment officers for the City – Micki Rundell, Chief Financial Officer; Susan Morgan, Finance Director and Lisa Haines, Controller. The criteria are outlined in the attached summary. The proposals were reviewed and scored independently by staff, then reviewed collectively for the best value and service match. Recommendations. Based on the responses and staff evaluations, Valley View Consulting, LLC, was selected as the top firm. Staff met with Susan Anderson and Richard Long on Wednesday, January 21, 2015 to discuss services and options. The original proposed price was negotiated to $26,000 per year with the City still receiving the services requested in the proposal. The recommendation is for a two- year term and 2, two-year extensions. The RFP also allows for 2 additional two-year terms, at the City’s discretion. A summary of the proposals, committee scoring and evaluations are attached. Susan Anderson from Valley View Consulting, LLC will be present at the meeting for questions. Comments: The annual dollar amount is below City policies requiring Council approval, but the Local Government Code Section 2256, the Public Funds Investment Act (PFIA), requires all such contracts be approved by the governing body. The PFIA requires that investment advisory contracts be renewed every two years. FINANCIAL IMPACT: Funds for this service are included in the Finance Administration department budget under Special Services, account number 540-5-0302-51-330. SUBMITTED BY: Susan Morgan, CPA, Finance Director ATTACHMENTS: Description Type Investment Advisor Selection Summary Cover Memo Investment Advisor RFP Cover Memo Investment Advisor Agreement Cover Memo Valley View ADV Part 1 Cover Memo Valley View ADV Part 2 Cover Memo Valley View IA RFP Response Cover Memo Valley View Sample Report BRA Cover Memo Valley View W9 Cover Memo Investment Advisory Services 2014/15 RFP – Summary for GGAF Staff recommends the City continue its relationship with Valley View Consulting, Inc. and expand the services provided as outlined in the RFP. This firm has consistently provided high quality and responsive services. A summary of the proposals, criteria and considerations are included in this memorandum. Criteria and Services Requested The proposals were evaluated on a combination of qualifications and experience with cost being a lower ranking consideration. These services are fairly standard across Texas cities and staff research indicated that pricing was competitive among most possible proposers; therefore, best value was the focus of the RFP, not lowest price. The evaluation criteria from the RFP are shown below: 6.1.1 Proposal Responsiveness 15 points The City will evaluate each Proposer’s overall proposal, how effectively the services required are addressed. 6.1.2 Demonstrated Ability in Providing Similar Services to Municipalities and/or Other Public Entities 25 points The City will evaluate based on Proposer’s previous experience with public entities as well as the quality of reference provided. 6.1.3 Professional Qualifications and Experience 25 points The City will evaluate based on the qualifications and experience of the staff proposed for assignment to the City’s account. 6.1.4 Recommended Approach to Management of City’s Portfolio 20 points The City will evaluate based on Proposer’s detailed investment approach. 6.1.5 Proposed Fee 15 points The City will evaluate price as an important, but not overriding, factor, considering the cost of base services and the optional services. The City’s RFP requested standard investment advisory services including, but not limited to, (1) assisting in the proper investment and management of city cash resources including soliciting and executing security and related transactions, (2) advising on compliance and policy needs, (3) assessing market conditions and cash flows needs, and (4) tracking and reporting of the portfolio to meet the Public Funds Investment Act requirements and management needs. In addition, the City also requested the services outlined below. These services were determined to be critical needs to properly support the City’s treasury management functions. (Please note: All of the service noted below would require additional fees under the current arrangement.) o Preparation of RFP, review and selection of new depository banking services. The City’s current depository agreement will expire August 31, 2015 with no renewal options. o Ongoing review and assistance in implementing best practices in managing its banking, cash management and cash handling programs. o Evaluation and selection of separate contract for securities clearing and safekeeping, if needed. Proposers and Evaluation The City received proposals from four well-known and qualified firms. The services and pricing were within general offerings to local governments in Texas and in compliance with the City’s RFP. Staff’s independent ranking is shown below. City of Georgetown, Texas Overall Averages for Each Company Criteria: *Proposal Responsiveness - 15 pts 15.0 15.0 11.7 13.3 *Demonstrated ability in providing similar service to municipalities and/or other public entities including the quality of references - 25 pts 24.0 22.7 21.7 21.7 *Professional qualifications and experience of staf f to be assigned to project - 25 pts 24.3 23.0 22.0 22.0 *Recommended approach to management of City's portf olio - 20 pts 20.0 18.3 13.3 17.7 Proposed fee - 15 pts 11.0 15.0 9.7 13.0 Qualifications Average Sub-Totals:94.3 94.0 78.3 87.7 Notes: Va l l e y V i e w Pa t t e r s o n & A s s o c i a t e s Fi r s t S o u t h w e s t PF M Request for Proposals: 201515 Investment Advisory Services The original pricing proposals received are summarized below. Pricing was not a controlling factor in the evaluation, but is always a consideration. Using proper procurement practices, the City approached the top vendor and negotiated more favorable pricing. Valley View Consulting, LLC $36,000 annually proposed $26,000 annually – negotiated after selection All inclusive – all standard and additional services included in price Patterson & Associates $28,000 annually All inclusive – all standard and additional services included in price First Southwest $24,000 annually No banking RFP or evaluation assistance available, separate services would have to be acquired from another vender PFM $6,000 All added services would require additional fees, amounts were not provided in the proposal. Also services were limited to a TexasTERM/ TexasDAILY products offering. PFM earns additional fees on those products. Cost of Services The recommended proposer will cost the City $26,000 per year. This is higher than previous years’ costs, but was anticipated. In 2013/14, the City paid $8,800 to Valley View, but it was for a much more limited level of service and with pricing from several years ago. The level of services and costs were expected to change with this proposal. The previous proposal was done in 2009, a time when resources were very tight. Only the bare minimum level of assistance was requested at that time. City and industry conditions have changed substantially since then and the higher level of service was budgeted and expected to meet the City’s needs and help defer adding additional staffing. The price includes these additional services: • Reporting and tracking using Valley View’s web-based investment management software, (currently being done manually by city staff using Excel); thus further improving internal controls within this area; • More assistance in day-to-day operations; • Staff training and education, as well as • All of the services requested above on banking, RFP, safekeeping and cash handling reviews. CITY OF GEORGETOWN, TEXAS REQUEST FOR PROPOSALS FOR INVESTMENT ADVISORY SERVICES RFP # 201515 Dated November 17, 2014 DUE DATE FOR RESPONSES December 16, 2014 2:00 PM Central Standard Time City of Georgetown INVESTMENT ADVISORY SERVICES 2 Table of Contents 1.0 Notice to Proposers 3 2.0 Background and Current Circumstances 3 3.0 Project Purpose and Objectives 4 4.0 Key Event Schedule 5 5.0 Proposal Submission Requirements 5 6.0 Proposal Evaluation/Selection Process 8 7.0 Instructions to Proposers 9 8.0 Terms and Conditions 12 9.0 Scope of Work 12 Exhibit A – Terms and Conditions 15 Exhibit B – City of Georgetown, TX Adopted Investment Policy 25 Exhibit C – City of Georgetown, TX Most Recent Quarterly Financial and Investment Report 35 City of Georgetown INVESTMENT ADVISORY SERVICES Page 3 1.0 Notice to Proposers The City of Georgetown (the “City”) is soliciting sealed proposals for Request for Proposal (RFP) No. 201515 for Investment Advisory Services. All addenda, notices, additional information, etc. will be posted to the City of Georgetown Purchasing Department’s web site, http://purchasing.georgetown.org/bid-information/. Four printed copies (one original plus 3 copies) plus one digital copy on CD/DVD of Proposals must be sealed and returned to the City of Georgetown, Attention: Purchasing Manager, P. O. Box 409, Georgetown, Texas 78627 (mailing address) or 300-1 Industrial Avenue, Georgetown, Texas 78626 (physical address) by 2:00p.m. Central Standard Time, on December 11, 2014. All proposals must be plainly marked with the proposal name and RFP number: Investment Advisory Services, RFP # 201515“. Proposer is responsible for delivery of response by the date and time set for the closing of the proposal acceptance. Responses received after the date and time set for the closing will not be considered. The information contained in these specifications is confidential and is to be used only in connection with preparing this proposal. The City of Georgetown reserves the right to reject any and all proposals and waive informalities in proposals received. All questions concerning this RFP must be addressed to the following point of contact: Trina Bickford Purchasing Manager 300-1 Industrial Ave. Georgetown, Texas 78627 Phone: (512) 930-3647 Fax: (512) 930-9027 Email: purchasing@georgetown.org 2.0 Background and Current Circumstances 2.1 Introduction The City of Georgetown, Texas is seeking proposals from investment advisors who are registered with the Securities and Exchange Commission and the Texas State Securities Board to provide nondiscretionary portfolio management services for the City’s $110 million investment portfolio. This RFP is designed to present interested firms with the description of the City’s current investment program, the services required by the City, and the format for submitting a response. City of Georgetown INVESTMENT ADVISORY SERVICES Page 4 2.2 City of Georgetown The City of Georgetown is a rapidly growing community with a current population of 55,000. It is located on Interstate 35, and is the northern most “gateway” to the gently rolling hills of Central Texas. While Georgetown offers the amenities and charm of a small community, it is strategically and centrally located in the middle of the four major metropolitan areas of Texas. Austin is 26 miles south of Georgetown, Dallas is two hours north, Houston is three hours southeast and San Antonio is just one- and a-half hours south, placing Georgetown in a very advantageous position for cultural and economic development. Additional information is available at the City’s website at www.georgetown.org. 2.3 Overview The investment of City’s funds is governed by Texas Government Code, Chapter 2256 – “Public Funds Investment Act”, the City’s Charter and its Investment Policy. The City’s primary investment objectives in order of importance are the preservation of principal, maintenance of sufficient liquidity, preservation of the public trust and a reasonable and competitive return. The City seeks advisors who demonstrate extensive experience, especially with fixed income securities, to provide certain services related to the investment of City funds, including the execution of securities purchases/sales for the City’s operating and bond funds, investment advice, investment reporting, and review of the City’s Investment Policy and procedures. Day to day management responsibility for the investment program is delegated by the City Council to the Chief Financial Officer, Finance Director and Controller, as investment officer(s) for the City. The advisor will receive instructions regarding securities purchases/sales from one or more of these authorized staff. The majority of City funds are pooled for investment purposes and managed according to the City’s approved Investment Policy (Exhibit B). Also attached is the most recent quarterly financial and investment report (Exhibit C). The City has an internal investment committee composed of 3 to 4 staff members that meets at monthly to review banking, treasury and investment items, as well as investment performance and strategy. The advisor is expected to attend these meetings on a quarterly basis. The City also presents an annual report and investment policy review and update to its General Government and Finance Advisory Board. The advisor is expected to assist with and attend this meeting, generally held in early December each year. 3.0 Project Purpose and Objectives 3.1 Scope of Procurement The City desires to acquire nondiscretionary portfolio management services for the City’s investment portfolio, currently valued at $110 million. The initial term will be for a two year period, commencing with the signing of the initial agreement with the option for two additional two-year renewals with satisfactory services provided. It is the City’s general practice to require new proposals every 6 years; City of Georgetown INVESTMENT ADVISORY SERVICES Page 5 however, it retains the right to negotiate up to two additional two-year renewals. The desired services must be provided by an investment advisor registered with the Securities and Exchange Commission and the Texas State Securities Board, and must demonstrate extensive experience, especially with fixed income securities, to provide services related to the investment of the City’s funds. 3.2 Anticipated Approach City expects this procurement to deliver a complete solution for the requirements contained in this RFP. Investment of the City’s funds is governed by the Texas Government Code, Chapter 2256, “Public Funds Investment Act” as well as the City’s Charter and its adopted Investment Policy. The City’s primary investment objectives, in order of importance, are the preservation of principal, maintenance of sufficient liquidity, preservation of public trust and a reasonable and competitive return. 3.2.1 Included Core Elements The procurement of the services under this RFP must meet all requirements of this RFP and must include: Execution of securities purchases/sales for the City’s operating and bond funds, investment advice, investment reporting and review of the City’s Investment Policy and its procedures. 3.2.2 Ability to combine vendors/products The City will consider combinations of vendors/products to achieve the entire list of requirements stated in this RFP. As a result, it is possible for a vendor to propose portions of the solution and specify compatible products/partners for the remaining parts of the solution. If this approach is taken, the City will evaluate the number, strength and relationship of the vendors/products proposed to determine if that approach provides the best value and easiest ongoing operation for the City. 4.0 RFP Key Events Schedule Issue RFP Monday, November 17, 2014 Deadline for questions on RFP Wednesday, December 3, 2014, 5PM CST Proposals Due Tuesday, December 16, 2014, 2PM CST City evaluation of proposals completed (approx.) December 17, 2014 – January 16, 2015 Selection of contractor (approx.) Week of January 26, 2015 Council Approval of Contract Award (approx.) February 11, 2015 It is the expectation of the City that the successful proposer will commence services effective March 1, 2015. 5.0 Proposal Submission Requirements 5.1 Proposal Submission Format The Purchasing Department will not accept oral proposals, or proposals received by telephone, FAX machine, or telegraph. City of Georgetown INVESTMENT ADVISORY SERVICES Page 6 The proposal must be submitted in hard copy. The Proposer shall submit one (1) original and three (3) copies of the proposal submission, plus one (1) digital copy on CD/DVD, to consist of the following tabbed sections designated by letter as follows: A. Cover Letter - Signed cover letter B. Company Description - A complete description of Proposer’s organization, including at a minimum: o Date founded and details of ownership as well as any subsidiaries and affiliates relevant to the City; o Description of the experience of the firm in serving as an investment advisor for municipalities and other public entities in Texas; o The types of accounts primarily sought; o Any SEC or regulatory censure or litigation involving institutional business Proposer conducts with governmental investors currently or over the past three years; o Description of any accounts which have discontinued services from the firm, including the reason for the termination; and o Copies of ADV Parts I and II, as on file with the SEC, and proof of registration with the Texas State Securities Board. C. Personnel - Details of Proposer’s personnel including at a minimum: o Size of staff committed to public sector clients and the credentials of key staff members; o List of investment professionals proposed to directly provide services to the City, including their relationship with firm, number of years with the firm, their responsibilities, their investment business experience and experience in public sector investment management; o Descriptions of investigations for improper, fraudulent or unfair activities related to the sales of securities involving personnel above, if any; and o Details of methods to inform investment professionals of developments relevant to governmental investment managers. D. Investment Approach - Detailed description of Proposer’s investment management approach, including at a minimum: o Process to ensure the City’s objectives of safety, liquidity and yield; o Experience in developing investment policies and portfolio strategies for governmental operating funds; o Types of investment research utilized and the methods for making investment decisions including maturity and selection; o Primary strategies for adding value to portfolios; o Suggested performance benchmarks for the City’s portfolio; and City of Georgetown INVESTMENT ADVISORY SERVICES Page 7 o Daily procedures for portfolio review and client contact. E. Descriptions & Sample Reports - Detailed descriptions and samples of reports available to the City and their frequency, including methods and formulas used to calculate yield and performance F. Compensation - Proposed compensation for services, either as a flat annual fee or as a per trade fee with an annual cap G. Additional Services - Provide description of services and approach for assisting the City with the following optional services. If these services are not included in the proposed price above, additional compensation must be clearly noted. o Preparation of RFP, review and selection of new depository banking services. The City’s current depository agreement will expire August 31, 2015 with no renewal options. o Ongoing review and assistance in implementing best practices in managing its banking, cash management and cash handling programs. o Evaluation and selection of separate contract for securities clearing and safekeeping, if needed. o Others as might be suggested by the proposer. H. References - Reference information for Proposer’s five comparable public sector clients, including at a minimum a description of services provided to client, length of relationship with client, the point of contact, phone number and email The Proposer may also provide supplemental marketing or technical materials, to be packaged separately from the Proposal. No materials provided by the Proposer will be returned at any time during or following this procurement. 5.2 Proposal Time Stamp The time proposals are received shall be determined by the time clock stamp in the Purchasing Department. Purchasing Department personnel will promptly timestamp submissions as they are received. Proposers are responsible for insuring that their proposals are received and stamped by Purchasing Department personnel by the deadline indicated. 5.3 Proposer Representations and Responsibilities By submitting a proposal in response to this RFP, the Proposer represents that it has read and understands all elements of this RFP and has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the work described. By submitting a proposal in response to this RFP, the Proposer represents that is has not relied exclusively upon any technical details in place or under consideration for implementation by the City, but has supplemented this information through due diligence research and that the Proposer sufficiently understands the issues relative to the indicated requirements. City of Georgetown INVESTMENT ADVISORY SERVICES Page 8 The failure or omission of any Proposer to receive or examine any form, instrument, addendum, or other documents or to acquaint itself with conditions existing at the site or other details shall in no way relieve any Proposer from any obligations with respect to its proposal or to the contract. 5.4 Proposal Withdrawal A proposal may be modified or withdrawn by the Proposer any time prior to the time and date set for the receipt of proposals. The Proposer shall notify the Purchasing Department in writing of its intentions. 1. If a change in the proposal is requested, the modification must be so worded by the Proposer as to not reveal the original amount of the proposal. 2. Modified and withdrawn proposals may be resubmitted to the Purchasing Department up to the time and date set for the receipt of proposals. 3. No proposal can be withdrawn after the time set for the receipt of proposals and for sixty (60) days thereafter. 5.5 Late Proposals All proposals received in the Purchasing Department on time shall be accepted. All late proposals received by the Purchasing Department shall be returned upon request to the Proposer unopened. Proposals shall be open to public inspection only after award of the contract. 5.6 Proposer Questions Proposers may contact the individual listed in Section 1 with any questions regarding this RFP. Proposers should not attempt to contact City Council members, the City staff or management directly during the pre-proposal or post proposal period. 6.0 Proposal Evaluation/Selection Process The City has attempted to provide Proposers with a comprehensive statement of requirements through this RFP for the services required. Proposers are requested to make written proposals which present the Proposer's qualifications and understanding of the work to be performed. Proposers are asked to address each evaluation criteria and to be specific in presenting their qualifications. Proposals should be as thorough and detailed as possible so that the City may properly evaluate Proposer’s capabilities to provide the required services. Selection may be made of one or more Proposers that are deemed to provide the best value for City from those submitting proposals. Demonstrations and possible site visits will be conducted for the Proposers so selected. The City reserves the right to award based on the responses received or to negotiate with any or all of the Proposers so selected. Price shall be considered, but will not be the sole determining factor. The City may also award to other than the highest ranked proposer in the event the best and final price submitted by the proposer is more than the budget available for the project. The City shall select the Proposer which, in its opinion, has made the proposal that is most beneficial to the City, and shall award the contract to that Proposer. Should the City determine in writing and in its sole discretion that only one Proposer is fully qualified or that one Proposer is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Proposer. The City of Georgetown INVESTMENT ADVISORY SERVICES Page 9 award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Proposer's proposal as negotiated. 6.1 Evaluation Criteria The City has established specific, weighted criteria for selection. This section presents the evaluation criteria, description, and relative weight assigned to each (100 points maximum). 6.1.1 Proposal Responsiveness – 15 points The City will evaluate each Proposer’s overall proposal, how effectively the services required are addressed. 6.1.2 Demonstrated Ability in Providing Similar Services to Municipalities and/or Other Public Entities – 25 points The City will evaluate based on Proposer’s previous experience with public entities as well as the quality of reference provided. 6.1.3 Professional Qualifications and Experience – 25 points The City will evaluate based on the qualifications and experience of the staff proposed for assignment to the City’s account. 6.1.4 Recommended Approach to Management of City’s Portfolio – 20 points The City will evaluate based on Proposer’s detailed investment approach. 6.1.5 Proposed Fee – 15 points The City will evaluate price as an important, but not overriding, factor, considering the cost of base services and the optional services outlined in section 5.1 G. Optional Services and the best value for the City’s needs. 6.2 Proposal Evaluation Process Each proposal will be reviewed, evaluated, and scored as part of the formal selection process. Each proposal will be reviewed independently based solely on the merits of the proposal. The proposals will then be scored and, if necessary, a short list of Proposers will be selected for additional evaluation, Proposer presentations, demonstrations, and reference checks. 7.0 Instructions to Proposers 7.1 General Conditions A. Proposers must include the following information as a part of proposal. Failure to provide in the proposal any information requested in this RFP may result in the disqualification of the proposal. 1. Each Proposer shall furnish a complete name, mailing address and telephone number. 2. Each proposal must designate the individual(s), along with respective telephone numbers, who will be responsible for answering technical and contractual questions with respect to their proposal. City of Georgetown INVESTMENT ADVISORY SERVICES Page 10 3. The City, in its sole discretion, expressly reserves the right to request and/or require any additional information from the Proposer(s) that it deems relevant with respect to this RFP. 4. Cost for developing proposals is entirely the responsibility of the Proposer and shall not be chargeable to the City. 5. Samples of additional reports may be requested by the City for evaluation purposes. Any sample that fails evaluation process for any reason may be considered sufficient reason to reject a proposal. The City reserves the right to determine if a sample fails to meet specifications. 6. Proposals should not contain promotional or display materials, except as they may directly answer, in whole or in part, questions contained in the RFP. Such exhibits shall be clearly marked with the applicable reference number of the questions in the RFP. 7. The contents of the proposal and any clarification or counter proposal thereto submitted by the successful Proposer shall become part of the contractual obligation and incorporated by reference into the ensuing contract. 8. Products and services not specifically mentioned in this RFP, but which are necessary to provide the functional capabilities described by the Proposer shall be included in the proposal. 9. This RFP is intended to describe the requirements and response format in sufficient detail to secure comparable proposals. 10. A Proposer may withdraw his/her proposal by submitting a written request for its withdrawal over the signature of an authorized individual as described in Paragraph 2 above, to the Purchasing Manager any time prior to the submission deadline. The Proposer may thereafter submit a new proposal prior to the deadline. Modifications offered in any manner will not be considered if submitted after the deadline. 11. The successful Proposer may be required to provide an affidavit that he/she has not conspired with other potential suppliers in any manner to attempt to control competitive pricing. This paragraph does not, however, preclude two or more suppliers of certain parts of the requirements from presenting a combined or joint proposal for the purpose of providing a complete proposal. 12. Pursuant to Texas Local Government Code Section 262.030 of VTCA, proposals shall be opened so as to avoid disclosure of the contents to competing offers. Details will not be released until all ensuing negotiations have been completed and contractual agreements have been executed. All information submitted on this RFP will be public record. 13. All proposals become the property of the City and will not be returned to the Proposer. 14. By submitting a response, Proposer certifies that it is a duly qualified, capable and otherwise bondable business entity not in Receivership or contemplating same, and has not filed for bankruptcy. 15. Submission of a proposal in response to this RFP shall affirm that the Proposer shall not discriminate against any employee or applicant for employment because of race, religion, sex, sexual preference, color or national origin and that the firm shall make efforts to ensure that employment is offered to applicants without regard to their race, religion, sexual preference, color and national origin. City of Georgetown INVESTMENT ADVISORY SERVICES Page 11 16. Proposer, its employees, subcontractors, and agents shall comply with all applicable federal and state laws, the charter and ordinances of the City of Georgetown, Texas, and all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies. Successful Proposer shall further obtain and maintain all permits and licenses required, if any, for the performance of any services required hereunder. B. Award of Contract 1. The award of the contract shall be made to the responsible Proposer, whose proposal is determined to be the best evaluated offer from negotiation, taking into consideration the relative importance of price and other evaluation factors set forth in Section 9.0. All proposals must be valid for a minimum of 180 days from the date of submission. 2. All proposals submitted in accordance with the requirements of this RFP shall be considered offers to contract on the terms contained in the proposals and in this RFP and at the price offered by the successful Proposer. When the City awards a contract to the successful Proposer, it will constitute an acceptance of that offer and a contract between the City and the successful Proposer embodying the terms of this RFP and the proposal will become effective on the date of such award. C. Reservations 1. The City expressly reserves the right to: i. Waive any defect, irregularity or informality in any proposal; ii. Reject or cancel any or all proposals, or part(s) of any proposal; iii. Accept proposals from one or more Proposers; and/or; iv. Procure services by other means. 2. In considering the proposal(s), the City reserves the right to select the acceptable Proposer(s) who will offer contractual terms and conditions most favorable to the City. 3. Requirements stated in the RFP shall become part of any contract with the Proposer(s) resulting from this RFP, and any deviations from these requirements must be specifically defined by the Proposer in the resulting proposal, request for clarification and/or counter proposal which, if accepted, shall also become part of any contract resulting from this RFP. The City, however, reserves the right to modify the specifications of this RFP contract for segments of this RFP, and/or negotiate the price and any other terms with prospective Proposers, as needed. D. Other Conditions 1. Venue: Any contract awarded based on this RFP shall be governed by and construed in accordance with the laws of the State of Texas, is fully performable in Georgetown, Texas, and venue for any action related to this contract will be Georgetown, Texas. 2. Warranties and Service: City of Georgetown INVESTMENT ADVISORY SERVICES Page 12 The implied warranties of merchantability and fitness for a particular purpose shall not be waived under this RFP or any contract awarded from this RFP except as expressly authorized in writing by the City granting the waiver. 3. Assignment: The work to be provided under this RFP, or any part of the work to be provided under this RFP, shall not be assignable by the Proposer without the express written permission of the City. E. Safety – successful Proposer shall perform the work in accordance with applicable laws, codes, ordinances, and regulations of the state of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. Successful Proposer assumes responsibility and liability and hereby agrees to indemnify the City from any liability caused by successful Proposer’s failure to comply with applicable federal, state, or local regulations, touching upon the maintenance of a safe and protected working environment. F. Insurance Requirements Successful Proposer shall maintain insurance coverage appropriate for the fulfillment of any agreement resulting from this RFP. In the event the successful Proposer, its employees, agents or subcontractors enter premises occupied by or under the control of the City, the successful Proposer agrees to maintain public liability and property damage insurance in reasonable limits covering the obligations described in this RFP, and shall maintain Workers’ Compensation coverage (either by insurance or if qualified pursuant to law, through a self-insurance program) covering all employees performing on premises occupied by or under control of the City. Upon request, successful Proposer shall provide a copy of its insurance policies to the City. G. Authorized Signature 1. Persons who have the legal authority must sign all proposal forms. G. Successful Proposer’s Understanding and Duty 1. The successful Proposer, its employees, subcontractors, and agents shall comply with all applicable federal and state laws, the charter and ordinances of the City of Georgetown, Texas, and all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies. Successful Proposer shall further obtain and maintain all permits and licenses required, if any, for the performance of any services required hereunder. 2. Successful Proposer will be responsible for conducting criminal background checks and verifying employment eligibility on all custodial employees that will have access to City property in accordance with the state and federal laws. 8.0 Terms and Conditions City of Georgetown INVESTMENT ADVISORY SERVICES Page 13 The City expects the successful Proposer to agree to the standard terms and conditions that would be extended by the City for the purchase of comparable services. The City’s standard terms and conditions are attached for referenced. These terms and conditions or, in the sole discretion of City, terms and conditions substantially similar, will constitute and govern any agreement resulting from this RFP. If Proposer takes exception to any terms or conditions, Proposer will submit a list of the exceptions as part of its proposal. Proposer’s exceptions will be reviewed by City and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then City may consider Proposer’s exceptions when City evaluates the proposal. 9.0 Scope of Work This Scope of Work specifies the services that the City expects to acquire from the successful Proposer as a result of this solicitation. 9.1 Minimum Mandatory Requirements Proposer must: A. Be a registered Investment Advisor as defined and regulated by the Securities and Exchange Commission and must be registered with the Texas State Securities Board; B. Be either completely independent of any financial institution or securities brokerage firm or must fully and continuously disclose any and all relationships with such financial institution(s) and/or securities firm(s), and must further disclose any commissions, bonuses and/or other soft dollar payments resulting from a relationship with the City; C. Take no possessions of City monies or investment securities, and have no access to or control over such monies and/or securities; and D. Comply with all laws of the State of Texas as well as the Charter and Ordinances of the City of Georgetown, Texas 9.2 Required Services At a minimum, proposals must include the following services: • Review of the City’s Investment Policy and make recommendations for changes/updates; • Review present investment management procedures and documentations, and make recommendations for improvements; • Assist in development and implementation of investment strategies designed to enhance performance of the City’s portfolio under current and anticipated changes in market conditions within the parameters of the established investment policies and cash flow requirements, and make presentations to the City’s staff investment committee and/or Council or its advisory boards as needed in support of such strategies; • Assist staff with maintaining and monitoring cash flow projections; City of Georgetown INVESTMENT ADVISORY SERVICES Page 14 • Provide non-discretionary management of the City’s investment portfolio acting solely in an advisory and administrative capacity within the guidelines of the City’s Investment Policy; • Provide timely assessment of the market including market reaction to economic events; • Execute securities (including CD’s) purchases/sales upon verbal instructions from authorized City staff, confirming details of such transactions (details of trade, dealers contacted, and price received at a minimum) to the City electronically or fax after trade is executed. An official trade confirmation must be provided by mail to the City within five business days of the transaction. The City is responsible for instructing the Custodian to either accept or deliver securities transacted through successful Proposer; • Obtain a minimum of two offers/bids for each trade, and provide monthly reports documenting total trades offered and awarded to each dealer; • Assist staff with preparing detailed monthly and quarterly reports in a format acceptable to the City, including at a minimum the following information on each investment: o Par Value o Cost Value o Book Value o Market Value o Any other details pertinent to the City’s portfolio • Attend all investment committee meetings as requested and present quarterly performance reports as agreed upon with the City including current information regarding the City’s portfolio such as creditworthiness of investments, total return comparisons to an established index for the quarter and since inception and market commentary and future outlook; • Assist the City with selecting a primary depository services financial institution; • Assist and advise the City on selecting and/or maintaining appropriate securities clearing and safekeeping arrangements; • Assist the City in maintaining and selecting an authorized broker/dealer list and creating a competitive environment for each trade; and • Other duties and assistance as agreed to upon negotiating the final agreement. City of Georgetown INVESTMENT ADVISORY SERVICES Page 15 EXHIBIT A CITY OF GEORGETOWN Standard Terms and Conditions By acceptance of a purchase order or agreement, or response to a solicitation, Vendor agrees the following terms and conditions, without modification, will govern: I. DEFINITIONS The following definitions shall be used to identify terms throughout procurement documents: A. AGREEMENT/CONTRACT – A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services specified within the solicitation and obligating the City to pay for the goods, equipment, or services specified. . B. BID/PROPOSAL /RESPONSE/OFFER/QUOTATION– A complete, properly signed response to a solicitation that, if accepted, would bind the Respondent to perform the resulting contract. C. BIDDER/PROPOSER/RESPONDENT/OFFERER – The Respondent identified throughout the solicitation that they consider themselves qualified to provide the goods, equipment or services specified herein, and are interested in making an offer to provide the goods, equipment or services to the City. D. CITY – The City of Georgetown, located in Williamson County, Texas. E. GOODS –Materials, supplies, commodities and/or equipment. F. PIGGYBACK CONTRACT – A contract or agreement that has been competitively bid in accordance with State of Texas statutes, rules, policies and procedures and has been extended for the use of state and local agencies and active State of Texas CO-OP entities. G. PURCHASE ORDER – An order placed by the City for the purchase of goods or services issued on the City’s standard purchase order form and which, when accepted by the Vendor, becomes a contract. The purchase order is the Vendor’s authority to deliver and invoice the City for goods or services specified, and the City’s commitment to accept the goods or services for an agreed upon price. H. SERVICES – Work performed to meet the requirements and demand of the purchase order. The furnishing of labor, time, or effort by the Vendor and their ability to comply with promised delivery dates, specification and technical assistance specified. I. SOLICITATION/INVITATION TO BID/REQUEST FOR PROPOSALS/REQUEST FOR QUOTES – The solicitation document issued by the City containing terms, conditions and specifications for the service or commodity to be procured. J. SUBCONTRACTOR – Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor’s obligations arising from a contract with the City. K. VENDOR/CONTRACTOR – Person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or purchase order. II. SOLICITATIONS A. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (HB 914) requires an entity contracting or seeking to contract for the sale or purchase of property, goods, or services with a local governmental entity to disclose any affiliation or business relationship which might create a conflict of interest with a local government entity. The Conflict of Interest Questionnaire is available from the Texas Ethics Commission at www.ethics.state.tx.us, and completed forms must be submitted to the appropriate records administrator of the City not later than the seventh business day after the date the entity begins contract discussions or negotiations with the local governmental entity, or submits to the local governmental entity an application, response to a Request for Proposals or Bids, correspondence, or another writing related to a potential Agreement with the local governmental entity. If responding to a Solicitation, the Conflict of Interest Form may be submitted with the Response. The completed forms may be mailed or hand delivered to the City Secretary at the following address: The City of Georgetown, Office of the City Secretary, City Hall, 113 East 8th Street, Georgetown, TX 78626. This legislation is subject to change and each entity should consult its own attorney regarding the current law. Any attempt to intentionally or unintentionally conceal a conflict of interest may result in disqualification of any response to a solicitation. The validity of the Contract is not affected solely because of failure to comply with the conflict of interest disclosure requirements. B. COMMUNICATIONS WITH THE CITY: To insure the proper and fair evaluation of a Solicitation, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City Official or Employee evaluating or considering the Responses prior to the time an award has been made. Communication between Offeror and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Ex parte communication may be grounds for disqualifying the offending Offeror from consideration or award of the Solicitation then in evaluation, or any future Solicitation. City of Georgetown INVESTMENT ADVISORY SERVICES Page 16 Unless otherwise specified, all requests for clarification or questions regarding a Solicitation must be directed to the City of Georgetown Purchasing Department, Attn.: Purchasing Manager, PO Box 409, 300-1 Industrial Avenue, Georgetown, TX 78627, 512-930-3647, FAX: 512-930-9027, purchasing@georgetown.org. C. DISCLOSURE OF PENDING LITIGATION: Each Respondent shall include in its proposal a complete disclosure of any material civil or criminal litigation or pending investigation which involves the Respondent or in which the Respondent has been judged guilty. D. CONFIDENTIALITY OF RESPONSES, PUBLIC INFORMATION ACT: All Responses are subject to release as public information unless the Response or specific parts of the Response can be shown to be exempt from the Texas Public Information Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents. If a Respondent believes that a Response or parts of a Response are confidential, then the Respondent shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the Response, which the Respondent believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All Responses and parts of Responses that are not marked as confidential will be automatically considered public information. Notwithstanding, responses to Requests for Proposals shall be opened in a manner that avoids disclosure of the contents to competing offeror and keeps the proposals secret during negotiations as provided for in Section 252.049 of the Local Government Code. E. CLARIFICATIONS, WAIVER OF MINOR TECHNICALITIES OR DISCREPANCIES: The City reserves the right to request clarification or additional information specific to any response after all Responses have been received and the Solicitation due date has passed. Additionally, the City reserves the right to accept or reject all or part of any Response, waive any formalities or technical inconsistencies, delete any requirement or specification from the Solicitation, or terminate the Solicitation when deemed to be in City’s best interest. F. COST OF PREPARATION OF RESPONSE: All costs directly or indirectly related to preparation of a Response to this Solicitation or any oral presentation required to supplement and/or clarify a Response which may be required by the City shall be the sole responsibility of the Respondent. G. RESPONSES BECOME PROPERTY OF THE CITY: Submissions received in response to a Solicitation become the sole property of the City. H. WITHDRAWAL OF A RESPONSE: A Response may be withdrawn prior to the submission deadline by submitting a written request for its withdrawal to the Purchasing Manager. A new Response may be submitted and must be received prior to the submission deadline to be considered. Modifications offered in any manner will not be considered if submitted after the submission deadline. I. DETERMINATION OF AWARD, RESULTING AGREEMENT: In determining award, the City reserves the right to select the acceptable Respondent who will offer contractual terms and conditions most favorable to the City. All requirements stated in the Solicitation shall become a part of any Contract, Agreement or Purchase Order awarded as a result of the Solicitation, and any deviations from these requirements must be specifically stated and defined by the Respondent in their Response. Requests for clarification and the responses(s) shall also become a part of any Contract, Agreement or Purchase Order resulting from the Solicitation. J. AFFIRMATIONS AND CERTIFICATIONS: By signature on and submission of a Response, Respondent certifies they have not conspired with any other potential supplier in any manner to attempt to control competitive pricing. By signature on and submission of a Response, Respondent certifies they are duly qualified, capable and a bondable business entity not in receivership or contemplating same, and has not filed for bankruptcy. By signature on and submission of a Response, Respondent affirms that they will not discriminate against any employee or applicant as prohibited by law. K. REQUIREMENTS FOR SUBMISSION OF RESPONSE: 1. All Responses must be submitted on the form provided by the City, and accompanied by all required attachments. Each Response shall be placed in a separate envelope and properly identified with Solicitation Number and Opening Date. Responses must be time-stamped at the Purchasing Department, 300-1 Industrial Avenue, PO Box 409, Georgetown, TX 78626, on or before due date and time shown on the Solicitation form. Late Responses will not be considered. 2. If applicable, Respondent will show exact cost to deliver. Responses must specify unit price on the quantity specified, extend and show total. Unit prices shall govern, including in case of errors. Pricing will be considered firm for acceptance for a minimum of 60 days after the due date unless otherwise specified in the Solicitation. The validity period may be extended beyond that date on agreement of parties. Cash discounts will not be considered in determining award; all cash discounts offered will be taken if earned. Respondent will list and deduct all discounts not based on early payment from prices quoted. City of Georgetown INVESTMENT ADVISORY SERVICES Page 17 3. The City is exempt from all federal excise, state and local taxes unless otherwise stated. The City claims exemption from under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon request. Do not include taxes in Response to any Solicitation. 4. Unless stated otherwise, any catalog, brand name or manufacturer's reference used in the Solicitation is descriptive (not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered. If quoting on other than referenced specifications, the Response MUST show manufacturer brand or trade name and description of product offered. Illustrations and complete descriptions of product offered should be made part of the Response. If Respondent does not identify exceptions to the specifications shown in this Invitation, Respondent will be required to furnish brand names, numbers, etc., as shown in the Solicitation. 5. Response must show the number of days required to deliver items or provide services to the City’s designated location under normal conditions. Unrealistically short or long delivery promises may cause Response to be disregarded. Failure to state delivery time obligates Respondent to complete delivery in 14 calendar days. III. PURCHASE ORDERS A. GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE: A Purchase Order is the City’s commitment to make procurement and is subject to Vendor’s acceptance of the City’s terms and conditions 2. ABSENCES OF PURCHASE ORDER OR AGREEMENT: The City is not responsible for delivery of any materials or services without a proper Purchase Order 3. VENDOR’S OBLIGATIONS: The Vendor shall fully and timely provide all deliverables described in the Solicitation and in the Vendor’s Offer in strict accordance with the terms, covenants, and conditions of the Agreement and all applicable Federal, State, and local laws, rules, and regulations. 4. EFFECTIVE DATE/TERM: Unless otherwise specified in the Solicitation, this Agreement shall be effective as of the date the City issues and signs the Purchase Order, and shall continue in effect until all obligations are performed in accordance with the Agreement. 5. SUBCONTRACTORS: If the Vendor utilizes Subcontractors in providing the goods and/or services under this Purchase Order, the Vendor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Vendor is responsible for the Vendor’s own acts and omissions. The Vendor shall: a. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Agreement; b. Prohibit the Subcontractor from further subcontracting any portion of the Agreement without the prior written consent of the City and the Vendor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; c. Require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Vendor in sufficient time to enable the Vendor to include same with its invoice or application for payment to the City in accordance with the terms of the Agreement; d. Require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Vendor, with the City being a named insured as its interest shall appear; e. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City; and f. Shall pay each Subcontractor its appropriate share of payments made to the Vendor not later than ten (10) calendar days after receipt of payment from the City. 6. DELAYS: The City may delay scheduled delivery or other due dates by written notice to the Vendor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Agreement, the City and the Vendor shall negotiate an equitable adjustment for costs incurred by the Vendor in the Agreement price and execute an amendment to the Agreement. The Vendor must assert its right to an adjustment within ten (10) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution Process specified in Section Z. However, nothing in this provision shall excuse the Vendor from delaying the delivery as notified. 7. FORCE MAJEURE: Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond reasonable control. In the event of default or delay in performance due to any of the foregoing causes, then the time for completion of the services will be extended; City of Georgetown INVESTMENT ADVISORY SERVICES Page 18 provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 8. INSURANCE REQUIREMENTS: Unless specific insurance requirements are noted, Vendor shall maintain insurance coverage appropriate for the fulfillment of the Purchase Order. In the event the Vendor, its employees, agents or subcontractors enter premises occupied by or under the control of the City, the Vendor agrees to maintain public liability and property damage insurance in reasonable limits covering the obligations set forth in this Purchase Order, and will maintain Workers’ Compensation coverage (either by insurance or if qualified pursuant to law, through a self-insurance program) covering all employees performing on premises occupied by or under control of the City. Upon request, Vendor shall provide a copy of its insurance policies to the City. 9. EXCEPTIONS TO SPECIFICATIONS: Any deviation from the specifications must be clearly indicated in the Response to the Solicitation or promptly documented in writing at or before the time of the award. Any deviations or exceptions are subject to review by the City and may be grounds for rejection. 10. TRAVEL EXPENSES: All travel, lodging and/or per diem expenses associated with providing the materials, equipment or services specified must be included in the original Quotation and/or the resulting Purchase Order or Agreement. All travel expenses are subject to review by the City and documentation of actual itemized expenses may be requested. No reimbursement will be made without prior authorization, or for expenses not actually incurred. Airline fares in excess of coach or economy will not be reimbursed. 11. HUB REQUIREMENTS: The City complies with the requirements of the State of Texas Local Government Code, Chapter 252, Section 252.0215. 12. SPECIAL TOOLS AND EQUIPMENT: If the price stated in the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Vendor to fulfill the Agreement, such special tooling and/or equipment and all process sheets associated thereto shall become the property of the City and shall be identified by the Vendor as such. B. SERVICES 1. PLACE AND CONDITIONS OF WORK, ACCESS TO SITE: If Services are to be performed principally on the City’s premises or in public rights of way, the City shall provide the Vendor access to the sites where the Vendor is to perform the Services as required in order for the Vendor to perform in a timely and efficient manner, in accordance with and subject to applicable security laws, rules and regulations. The Vendor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of the materials, equipment, labor and facilities necessary to perform the Services and any other conditions or states of fact which could, in any way, affect performance of the Vendor’s obligations under the Agreement. The Vendor shall promptly notify the City if the actual site or service conditions differ from the expected conditions and failing to do so, hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature. 2. VENDOR TO PROVIDE ALL MATERIAL, EQUIPMENT, LABOR: Vendor shall provide all goods and labor necessary to perform Services. All material must be new and all equipment utilized must be in good safe working condition and suitable for Services. Vendor shall employ all personnel for Services in accordance with the requirements of applicable local, state, and federal law. 3. WORKFORCE: If Services are to be performed principally on the City’s premises or on public right-of-ways: a. Vendor shall employee only orderly and competent workers, skilled in the performance of the Services which they will perform under the Agreement. b. Vendor, its employees, subcontractors and subcontractor’s employees while engaged in participating in a Solicitation or while in the course and scope of delivering goods and services under City Purchase Order or Agreement may not: i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the Agreement; or ii. use or posses alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated or under the influence of alcohol or drugs while on the job. c. If the City or the City’s representative notifies the Vendor that any work is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Vendor shall immediately remove such worker from Agreement Services and may not employ such worker again on Agreement Services without the City’s prior consent. 4. COMPLIANCE WITH ALL SAFETY AND ENVIRONMENTAL REQUIREMENTS: If Services are to be performed principally on the City’s premises or on public rights of way, the Vendor, its subcontractors and their respective employees, shall comply fully with all applicable federal, state and local health, City of Georgetown INVESTMENT ADVISORY SERVICES Page 19 safety and environmental laws, ordinances, rules and regulations in the performance of the Services, including but not limited to those promulgated with the City and the Occupational Safety and Health Administration (OSHA). In the case of conflict, the most stringent safety requirement shall govern. The Vendor shall defend, indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liabilities of any kind or nature arising from the breach of the Vendor’s obligations under this paragraph. 5. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Vendor is observed performing in a manner that is in violation of Federal, State or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Vendor shall cease all work until notified by the City that the violation or unsafe condition has been corrected. The Vendor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 6. WARRANTY OF SERVICES: Vendor warrants and represents that all Services to be provided to the City under the Agreement will be fully and timely performed in good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions and covenants of the Agreement and all applicable Federal, State and local laws, rules or regulations. This warranty may not be limited, excluded or disclaimed and any attempt to do so will be without force or effect. Unless otherwise specified, the warranty period shall be a minimum of one year from acceptance by the City of Services. In the event any applicable warranty is breached, the Vendor shall promptly upon receipt of demand of performance, perform the Services again in accordance with the above standard at no additional costs to the City. All costs incidental to such additional performance shall be borne solely by the Vendor. The City shall endeavor to give the Vendor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. In the event the Vendor is unable or unwilling to perform the Services in accordance with the above standards as required by the City, then in addition to any other available remedy, the City may reduce the amount of Services originally required to purchase from the Vendor under the Agreement and procure conforming Services from other sources. In such event, the Vendor shall pay the City upon demand the increased cost, if any, incurred by the city to procure such services from an alternative source. C. COMMODITIES/EQUIPMENT 1. MATERIAL SAFETY DATA SHEETS: Under the “Hazardous Communication Act,” commonly known as the “Texas Right to Know Act,” a Vendor must provide to the City WITH EACH DELIVERY Material Safety Data Sheets, which are applicable to hazardous substances as defined in the Act. 2. GOODS: Goods furnished shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. The Vendor represents that all goods and equipment offered shall be new. Unless otherwise specified, used, shopworn, demonstrator, prototype or discontinued models are not acceptable. 3. PACKAGING OF DELIVERABLES: Vendor must package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and the unit price. Unless otherwise provided in writing by the City, each shipping container shall be clearly and permanently marked with the Vendor’s name and address, and the City’s name, address and Purchase Order number. Vendor shall bear all costs of packaging. Deliverables must be suitably packed to secure lowest transportation cost, conform with requirements of common carriers and ensure safe delivery. The City’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. WARRANTY: The goods or equipment specified shall be warranted against defects in material or workmanship for a period of not less than twelve (12) months from date of acceptance by the City. If the manufacturer’s warranty exceeds twelve (12) months, then the manufacturer’s warranty shall be in effect. Vendor shall furnish a copy of the manufacturer’s warranty at the time of delivery. 5. NO LIMITATION OF MANUFACTURERS’ WARRANTIES: Vendor may no limit, exclude or disclaim any warranty provided by manufacturer. D. DELIVERY 1. DELIVERY TERMS, TRANSPORTATION CHARGES, FOB: Deliverables shall be shipped FOB point of delivery unless otherwise specified on the Purchase Order or in the Solicitation. The Vendor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship deliverables. The place of delivery shall be specified in the Purchase Order. 2. NO SUBSTITUTIONS OR CANCELLATIONS: Unless specifically permitted in writing by the City, no substitutions or cancellations shall be acceptable. 3. NOTICE OF DELAY IN DELIVERY: City of Georgetown INVESTMENT ADVISORY SERVICES Page 20 If a delay in delivery is anticipated, Vendor shall give written notice to the City. The City has the right to extend the delivery time/service date, or to cancel the Purchase Order or Agreement. Vendor shall keep the City advised at all times of the status of the order. Default in promised delivery, service or failure to meet specifications authorizes the City to procure the goods or services from an alternate source and charge the full increase, if any, in cost and handling to defaulting Vendor. Default on delivery may result in legal action and recourse. 4. DELIVERY LOCATION, HOURS, DAYS, HOLIDAYS: Unless otherwise specified, all deliveries must be made to City of Georgetown, Central Receiving, 300-1 Industrial Avenue, Georgetown, TX, between the hours of 8AM and 4PM (CST), Monday through Friday except regularly observed state and federal holidays (see http://georgetown.org/contact-us/holiday-schedule/ for schedule). Receipt of goods or materials does not signify acceptance. 5. NO SHIPMENT UNDER RESERVATION: Vendor is not authorized to ship deliverables under reservation and no tender of bill of lading will operate as a tender of deliverables. 6. TITLE/RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables (no delivery, no sale). 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including but not limited to, the Uniform Commercial Code, to inspect the deliverables at delivery or at a reasonable time subsequent to delivery, and to reject defective or non- conforming deliverables. If the City has the right to inspect the Vendor’s or the Vendor’s subcontractors facilities, or the deliverables at the Vendor’s or the Vendor’s subcontractors premises, the Vendor shall furnish or shall cause to be furnished without additional charge all reasonable facilities and assistance to the City to facilitate such inspection. 8. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING GOODS: If, instead of requiring immediate correction or removal and replacement of defective or non-conforming deliverables, the City prefers to accept such deliverables, the City may do so. The Vendor shall pay all claims, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If discovery that the deliverables are defective or non-conforming occurs after final payment, Vendor may be required to refund such amounts to the City. E. PAYMENT 1. TAX EXEMPT STATUS: The City is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The City claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates are furnished upon request. Vendor will not charge for such taxes. If billed, the City will not remit payment until a corrected invoice is received. 2. INVOICING REQUIREMENTS: Unless otherwise specified, all invoices shall be submitted to City of Georgetown, Accounts Payable, PO Box 409, Georgetown, TX 78627, and issued as required by the Purchase Order or Agreement. Each invoice must reference the unique Purchase Order number, and include the Vendor’s complete name and remit to address. If applicable, transportation and delivery charges must be itemized on the each invoice. A copy of the bill of lading and the freight waybill must be submitted with the invoice if applicable. Invoices for labor must include a copy of all time sheets with labor rate and Purchase Order or Agreement number clearly identified. Invoices for labor shall also include a tabulation of hours worked at the appropriate rates and grouped by work order number, if applicable. Time billed for labor shall be limited to hours actually worked at the work site. 3. PAYMENT TERMS: All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after acceptance of goods, supplies, materials, equipment or the day of performance of services was completed, or the day of receipt of a correct invoice for goods, supplies, materials, equipment or services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments not made in accordance with this prompt payment policy; however, the policy does not apply to payments made by the City in the event: (a) there is a bona fide dispute between the City and Vendor concerning the goods, supplies, materials, equipment delivered, or the services performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide dispute between the Vendor and a subcontractor and its suppliers concerning goods, supplies, material or equipment delivered, or the services performed, which caused the payment to be late; or (d) the invoice is not mailed to the City in strict accordance with instructions on the Purchase Order or Agreement, or other such contractual agreement. 4. RIGHT TO AUDIT: The Vendor agrees that the representatives of the City shall have access to, and the rights to audit, examine, or reproduce, any and all records of the Vendor related to the performance under this Agreement. The Vendor shall City of Georgetown INVESTMENT ADVISORY SERVICES Page 21 retain all such records for a period of four (4) years after final payment on this Agreement or until all audit and litigation matters that the City has brought to the attention of the Vendor are resolved, whichever is longer. The Vendor agrees to refund to the City any overpayments disclosed by any such audit. 5. FIRM PRICING: The price shall remain firm for the duration of the Purchase Order or Contract, or extension periods. No separate line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and cost associated with obtaining permits or any other extraneous charges. Vendor further certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 6. PRICE WARRANTY: The Vendor warrants the prices quoted are not materially higher than the Vendors current prices on orders by others for like deliverables under similar terms of purchase. In addition to any other remedy available, the City may deduct from any amounts owed to the Vendor, or otherwise recover, any amounts paid for items materially in excess of the Vendor’s current prices on orders by others for like deliverables under similar terms of purchase. 7. VENDOR OWING TAXES OR FEES TO THE CITY: Payment will not be made to any person, firm or in arrears in taxes or fees to the City. IV. TERMS, CONDITIONS AND ADDITIONAL REQUIREMENTS A. VENDOR’S OBLIGATION: Vendor shall fully and timely provide all deliverables described in Solicitation, Vendor’s Offer in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations. B. DEFAULT: Vendor shall be in default under the Agreement if the Vendor (a) fails to fully, timely and faithfully perform any of its material obligations under the Agreement, (b) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (c) makes a material misrepresentation in Vendor’s Offer, or in any report or deliverable required to be submitted by Vendor to the City. C. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement and causes the City to purchase the services elsewhere may be charged the difference in service if any and may not be considered in the re-advertisement of the service and may be rejected as an irresponsible bidder and not considered in future Solicitations for the same type of service unless the scope of work is significantly modified. D. TERMINATION/CANCELLATION: 1. TERMINATION FOR CAUSE: In the event of default by the Vendor, the City shall have the right to terminate the Agreement for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Vendor, within such ten (10) day period cures such default, or provides evidence sufficient to prove to the City’s satisfaction that such default does not, in fact, exist. In addition to any other remedies available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses incurred by the City as a result of the Vendor’s default, including without limitation, cost of cover, reasonable attorneys’ fees, court costs and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of default by the Vendor, the City may remove the Vendor from the City’s Vendor List and any Offer submitted by the Vendor may be disqualified for up to three (3) years. All rights and remedies under the Agreement are cumulative and not exclusive of any other right or remedy provided by law. 2. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Agreement, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Vendor shall promptly cease all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay the Vendor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 3. NON-APPROPRIATION: The resulting Agreement is a commitment of the City’s current revenues only. It is understood and agreed that the City shall have the right to terminate the Agreement at the end of any City fiscal year (September 30th) if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City’s budget for the fiscal year in question. The City may effect such termination by giving the Vendor a written notice of termination at the end of its then current fiscal year. 4. CANCELLATION: The City reserves the right to cancel the Agreement for default all or any part of the delivered portion of the deliverables if the Vendor breaches any term hereof including warranties, or becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which the City may have in law or in equity. City of Georgetown INVESTMENT ADVISORY SERVICES Page 22 E. FRAUD: Fraudulent statements by the Vendor on any Offer or in any report or deliverable required to be submitted by the Vendor to the city shall be grounds for termination of the Agreement for cause by the City and may result in legal action. F. INDEMNITY: VENDOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS, COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE AGREEMENT OR THE GOODS OR SERVICES PROVIDED UNDER THE AGREEMENT. IF THE VENDOR AND THE CITY ARE CONCURRENTLY NEGLIGENT, EACH PARTY’S LIABILITY SHALL BE LIMITED TO THAT PORTION OF NEGLIGENCE ATTRIBUTABLE TO IT AS DETERMINED UNDER THE APPLICABLE PROPORTIONATE RESPONSIBILITY RULES OF THE STATE OF TEXAS. G. LIABILITY: Any person, firm or corporation performing services pursuant to this Agreement or Purchase Order shall be liable for all damages incurred while in the performance of such services. Vendor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands and causes of action of any nature including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third party, supplier or an employee of either of the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties, caused by or alleged to have been caused by, arising out of or in connection with the issuance of the Agreement or Purchase Order to the Vendor and the negligence of the Vendor, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificates of insurance may be required for, but not limited to, Commercial General Liability, Business Auto Liability, Workers Compensation and Professional Liability Insurance. H. INFRINGEMENT: Vendor represents and warrants to the City that: (a) Vendor shall provide the City good and indefeasible title to the deliverables and (b) the deliverables supplied by the Vendor in accordance with the specifications of the Agreement shall not infringe, directly or contributory, any patent, trademark, copyright, trade secret or any other intellectual property right of any kind of any third party; that no claims have been made by an person or entity with respect to the ownership or operation of the deliverables and the Vendor does not know of any basis for any such claims. Vendor shall, at its sole expense, defend, indemnify and hold the City harmless from and against all liability, damages and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (a) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s ownership, and if applicable, license rights, and its use of the deliverable infringes the intellectual property rights of any third party; or (b) Vendor’s breach of any of the Vendor’s representations or warranties stated in this Agreement. In the event of any such claim, the City shall have the right to monitor such claim or, at its option, engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Vendor agrees that the City’s specifications regarding the deliverables shall in no way diminish Vendor’s warranties or obligations under the Section, and the City makes no warranty that the products, development or delivery of such deliverables will not impact such warranties of Vendor. I. DAMAGE TO CITY PROPERTY: Vendor shall be responsible for any and all damage to the City’s equipment and/or property, the workplace and its contents, by its work, negligence in work, its personnel and equipment. Vendor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. J. OVERCHARGES: Vendor hereby assigns to the City any and all claims for overcharges associated with this Agreement which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and/or which arise under the antitrust laws of the State of Texas, Business and Commerce Code Ann., Section 15.01, et seq. K. CONFIDENTIALITY: In order to provide the deliverables to the City, Vendor may require access to certain of the City’s and/or its licensors’ confidential information (including, but not limited to, inventions, employee information, trade secrets, confidential know-how, confidential business information and other information which the City or its licensors consider confidential)(collectively, “Confidential Information”). Vendor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors, and any unauthorized use, disclosure, dissemination or other release of the Confidential Information will substantially injure the City and/or its licensors. The Vendor (including its employees, subcontractors, agents or representatives) agrees that it will maintain the Confidential Information in strict confident and shall not disclose, disseminate, copy, divulge, recreate or otherwise use the Confidential Information without the prior written consent of the City, or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or as a result of an order of any court or other governmental authority with proper jurisdiction, provided the Vendor promptly notifies the City prior to disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Vendor agrees to use protective measures no less stringent than the Vendor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. L. CODES, PERMITS, LICENSES: City of Georgetown INVESTMENT ADVISORY SERVICES Page 23 Vendor shall comply with all federal, state and local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations to the City. M. ADVERTISING/PUBLICITY: Vendor shall not advertise or otherwise publicize, without the City’s prior written consent, the fact that the City has entered into the Agreement, except to the extent required by applicable law. N. INDEPENDENT CONTRACTOR: The Agreement shall not be construed as creating an employer/employee relationship, a partnership or joint venture. The Vendor’s services shall be those of an independent contractor. The Vendor agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. Vendor shall not be within protection or coverage of the City’s Worker Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City, from time to time, may have in force. O. LIENS: Vendor shall defend, indemnify and hold the City harmless from and against any and all liens and encumbrances for all labor, goods and services provided under this Agreement. At the City’s request, the Vendor or its subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. P. ASSIGNMENT/DELEGATION: The Agreement shall be binding upon and endure to the benefit of the City and the Vendor, and their respective successors and assignees, provided however, that no right or interest in the Agreement shall be assigned and no obligation shall be delegated by the Vendor without the prior written consent of the City. Any attempted assignment or delegation by the Vendor shall be void unless made in conformity with this Section. The Agreement is not intended to confer any rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there be no third party beneficiaries to the Agreement. Q. INTERPRETATION: The Agreement is intended by both parties as the final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Agreement. Although the Agreement may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner fair to both parties, reading no provision more strictly against one party of the other. Whenever a term defined by the Uniform Commercial Code (the “UCC”), as enacted by the State of Texas, is used in the Agreement, the UCC definition shall control unless otherwise defined in the Agreement. R. GOVERNING LAW AND VENUE: This Agreement is made under and shall be governed by the laws of the State of Texas, including when applicable, the UCC as adopted in Texas, VTCA, Business & Commerce Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. This Agreement is fully performable in Georgetown, TX, and the venue for any action related to this Agreement shall be Georgetown, TX. All issues arising from this Agreement shall be resolved in the courts of Williamson County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or the ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein and does not waive the city’s defense of sovereign immunity. S. INTERLOCAL COOPERATIVE PURCHASING/PIGGYBACK CONTRACTS: Other governmental entities may be extended the opportunity to purchase from Solicitations of the City, with the consent and agreement of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in Vendor’s Response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that arise out of such independently negotiated piggyback procurements. T. SURVIVABILITY OF OBLIGATIONS: All provisions of the Agreement that impose continuing obligations on the parties, including but not limited to the warranty, indemnity and confidentiality obligations of the parties, shall survive the expiration or termination of the Agreement. U. CLAIMS: If a claim, demand, suit or other action is asserted against the Vendor which arises under or concerns the Agreement, or which could have a material adverse effect on the Vendor’s ability to perform thereunder, the Vendor shall give written notice to the City within ten (10) calendar days after receipt of notice by the Vendor. Such notice to the City shall state the date of notification of any such claim, demand, suit or other action; the names and address of the claimant(s); the basis thereof; and the name of each person against whom such claim is asserted. Such notice shall be delivered to the Purchasing Department as set forth below and to the City Attorney at PO Box 409, Georgetown, TX 78627. V. NOTICES: Unless otherwise specified, all notices, requests or other communications required or appropriate to be given under the Agreement shall be in writing and deemed delivered three (3) business days after postmarked if sent by US Postal Service City of Georgetown INVESTMENT ADVISORY SERVICES Page 24 Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, fax, or other commercially accepted means. Notices to the Vendor shall be sent to the address specified in the Vendor’s Offer or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to: City of Georgetown, Purchasing Department, PO Box 409, Georgetown, TX 78627 and marked to the attention of the Purchasing Manager. W. GRATUITIES: The City may, by written notice to the Vendor, cancel the Agreement without liability if it is determined by the City that gratuities were offered or give by the Vendor or any agent or representative of the Vendor to any officer or employee of the City with the intent of securing the Agreement or securing favorable treatment with respect to awarding or amending or the making of any determinations with respect to performing of the Agreement. In the event the Agreement is cancelled by the City pursuant to this Section, the City shall be entitled, in addition to any other rights and remedies, to recover the benefits or payments to the Vendor, as a result of the gratuities. X. PERSONAL INTEREST PROHIBITED: No officer, employee, independent consultant or elected official of the City who is involved in the development, evaluation or decision-making process of the performance of the any Solicitation shall have a financial interest, direct or indirect, in the resulting Agreement. Any willful violation of this Section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. In the event a member of the governing body or an appointed board or commission of the City belongs to a cooperative association, the City may purchase equipment or supplies for the association only if no member of the governing body, board or commission will receive pecuniary benefit from the purchase, other than as reflected as in increase in dividends distributed generally to members of the association. Any violation of this provision with the knowledge, expressed or implied, by the Vendor shall render the Agreement voidable by the City. Nevertheless, the City may obtain the equipment or service if a conflict of interest affidavit is filed and the Council member recuses his/herself. Y. WAIVER: No claim or right arising out of a breach of the Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Vendor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Agreement, or an express or implied acceptance of any other existing or future default(s), whether of similar or different character. Z. DISPUTE RESOLUTION: If either the Vendor or the City has a claim, dispute or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute or breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation than in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. AA. INVALIDITY: The invalidity, illegality or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace the stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is the essence of the Agreement be determined to be void. BB. RIGHT TO ASSURANCES: In the event the City, in good faith, has reason to question the intent of the Vendor to perform, the City may demand written assurances of the intent to perform. In the event no written assurance is given within the time specified, the City may treat this failure as an anticipatory repudiation of the Agreement. City of Georgetown INVESTMENT ADVISORY SERVICES Page 25 EXHIBIT B CITY OF GEORGETOWN, TEXAS INVESTMENT POLICY As amended December 10, 2013 SECTION 1: SCOPE & OBJECTIVES 1.1 SCOPE This Investment Policy applies to all financial assets of the City of Georgetown, Texas, which includes the City of Georgetown Economic Development Corporation and the Georgetown Transportation Enhancement Corporation, held in all funds. 1.2 STATEMENT OF CASH MANAGEMENT PHILOSOPHY The City will maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the City's bank accounts, the payment of obligations to comply with State law and in accord with vendor invoices, and the prudent investment of idle funds in accord with this Policy. 1.3 OBJECTIVES The City's investment program will be conducted to accomplish the following objectives, listed in priority order: 1. Safety. The City will give priority to the preservation and safety of the principal invested. Investments will be made in a manner that will mitigate credit risk and interest rate risk. 2. Liquidity. The City will maintain the availability of sufficient cash to pay obligations of the City when they are due. 3. Public Trust. Investment Officers shall seek to act responsibly as custodians of the public trust. Investment Officers shall avoid transactions that might impair public confidence in the City’s ability to govern effectively. 4 Yield. The City will invest idle cash in a manner that will maximize earnings to the greatest extent possible, consistent with State and local laws and the objectives of safety and liquidity listed above. It is also the objective of the City to diversify its investments to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of investments, when appropriate. It is the intent of the City to hold investments to maturity. SECTION 2: STANDARD OF CARE 2.1 PRUDENCE Investments will be made with judgment and care, under circumstances then prevailing, that 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 City of Georgetown INVESTMENT ADVISORY SERVICES Page 26 and the probable income to be derived. The City Council recognizes that in maintaining a diversified portfolio occasional measured losses due to market volatility are inevitable and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City’s control, over which the Officer had responsibility rather than a consideration as to the prudence of a single investment. B. Whether the investment decision was consistent with the written Investment Policy of the City. The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific investment's adverse credit risk or market price changes, provided that these deviations are reported immediately to the City Manager and/or the Council and that appropriate action is taken to control adverse developments. 2.2 ETHICS & CONFLICT OF INTEREST Investment Officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment Officers and employees will comply with all disclosure and reporting requirements of Section 2256.005 (I) of the Texas Government Code. 2.3 DELEGATION OF AUTHORITY The Chief Financial Officer, Finance Director and Controller are the City's Investment Officers. The Chief Financial Officer is responsible for overall management of the City's investment program and may direct the other Investment Officers in their duties. Accordingly, the Investment Officers are responsible for day-to-day administration of the investment program and for the duties listed below: 1. Maintain current information as to available cash balances in City accounts, and as to the amount of idle cash available for investment; 2. Make investments and maintain written procedures for the operation and internal control of the investment program consistent with this Policy; 3. Ensure that all investments are adequately secured; and 4. Attend training as required by Section 2256.008 (a) of the Texas Government Code and ensure that any staff executing transactions covered by this Policy attend the required training. The investment training shall be attended not less than once in a two-year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date and receive not less than 10 hours of instruction relating to investment responsibilities under this Policy. The training must be sponsored by: Texas Municipal League City of Georgetown INVESTMENT ADVISORY SERVICES Page 27 Government Finance Officers Association of Texas (GFOAT) Government Finance Officers Association of US and Canada Government Treasurers Organization of Texas (GTOT) University of North Texas Texas Tech University Center for Professional Development Unless authorized by State or local laws as provided above, no person may deposit, withdraw, transfer or manage in any other manner the funds of the City. SECTION 3: INVESTMENT STRATEGIES 3.1 OPERATING FUNDS Operating Funds are defined as cash and investments used for day to day operations that do not fall into one of the other categories. Operating funds will be invested in a manner suitable for funds requiring a high degree of liquidity. Investments of Operating Funds shall be limited to a weighted average maturity no greater than one year, and all investment instruments must meet credit and safety criteria as required by the Public Funds Investment Act and this Policy. Involuntary liquidation of Operating Fund investments is unlikely due to their short term nature. However, should a liquidation of investments prior to maturity be necessary, their short term nature will make material losses unlikely. Operating Fund investments will be diverse and may include financial institution deposits, U.S. treasuries and agencies, investment pools, and money market mutual funds. Investment of Operating Funds will be structured to attain the highest possible yield given the liquidity and safety requirements. 3.2 CONTINGENCY RESERVES (or operating reserves) Contingency Reserves are the minimum fund balance/working capital requirements as defined by Council in the Annual Operating Plan. Contingency Reserve balances may be used to cover any cash operating shortfalls due to the timing of bond issues, revenue receipts, etc. Investments of these funds may exceed 24 months with prior approval of the City Manager if short term cash flow needs are not evident. Any one investment may not exceed 36 months in maturity length. The weighted average maturity for these funds may not exceed 24 months. Involuntary liquidation of Contingency Reserve investments is unlikely due to their nature. However, should a liquidation of investments prior to maturity be necessary, the comparatively longer term nature of some of the investments could result in material losses depending on financial and economic conditions. Contingency Reserve investments will be diverse and may include financial institution deposits, U.S. treasuries and agencies, investment pools, and money market mutual funds. Investment of Contingency Reserves will be structured to attain the highest possible yield given the liquidity and safety requirements. 3.3 DEBT 3.3.1 Reserves. Debt reserves are defined as bond reserve funds required to be set aside in accordance with bond covenants. The City’s bond covenants do not require the City to maintain any reserve funds. Therefore, the City’s investments are not adversely affected by any reserve requirement conditions. 3.3.2 Interest & Sinking (or debt service funds). Interest and sinking funds are defined as those funds accumulated to meet periodic payments required by bond and note maturity schedules. The investment maturities are limited by pertinent debt service requirements and tax laws limiting accumulation and earnings for such funds. Involuntary liquidation of investments is highly unlikely due to the nature of these funds. Interest and sinking fund investments will be diverse and may include financial institution City of Georgetown INVESTMENT ADVISORY SERVICES Page 28 deposits, U.S. treasuries and agencies, investment pools, and money market mutual funds. 3.4 BOND PROCEEDS (capital improvement funds) Bond proceed funds are defined as those funds received from the sales of City bonds or notes and not otherwise set aside for debt service or reserve purposes. These funds typically include money to fund infrastructure construction or other large projects. The investment maturities are limited by pertinent project draw requirements and tax laws governing earnings for such funds, but may not have a weighted average maturity in excess of one year, with no single security greater than 24 months, unless a flexible repurchase agreement is used in accordance with Section 4.1.5 of this Policy. Involuntary liquidation of investment is highly unlikely. Bond proceed investments will be diverse and may include financial institution deposits, U.S. treasuries and agencies, investment pools, and money market mutual funds. SECTION 4: AUTHORIZED INVESTMENTS 4.1 ALLOWABLE INVESTMENTS City funds may be invested in the following instruments: 4.1.1 Financial Institution Deposits. Certificates of Deposit and other evidences of deposit at a financial institution that, a) has its main office or a branch office in Texas and is guaranteed or insured by the Federal Deposit Insurance Corporation or its successor, b) is secured by obligations in a manner and amount provided by law for deposits of the City, or c) is executed through a depository institution or approved broker that has its main office or a branch office in Texas that meets the requirements of the Public Funds Investment Act. All financial institution deposits in excess of the FDIC insured amount must be collateralized as described by Section 5.5 COLLATERALIZATION. 4.1.2 U.S. Treasuries and Agencies. Obligations of the United States of America, its agencies and instrumentalities. 4.1.3 Investment Pools. Investment pools that meet the following criteria: a. An investment pool must provide an offering circular or other similar disclosure instruments and provide monthly and transaction reporting as required by Section 2256.016 of the Texas Government Code. b. Investment in a new pool will require the approval of the City Council. c. A public funds investment pool created to function as a money market mutual fund must (1) mark its portfolio to market daily, (2) include in its investment objectives the maintenance of a stable net asset value of $1 for each share and (3) be continuously rated no lower than AAAm or at an equivalent rating by at least one nationally recognized rating service. 4.1.4. Money Market Mutual Funds. No-load money market mutual funds if the fund: a. Is regulated by the Securities and Exchange Commission; b. Marks its portfolio to market daily; c. Includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. Is continuously rated no lower than AAA or at an equivalent rating by at least one nationally recognized rating service. City of Georgetown INVESTMENT ADVISORY SERVICES Page 29 4.1.5. Repurchase Agreements. Fully collateralized repurchase agreements that: a. Have a defined termination date; b. Are secured by cash or obligations as allowed by the Public Funds Investment Act and this Policy; c. Require independent third party safekeeping of all securities prior to the release of any funds; d. Are placed through a primary dealer or financial institution doing business in this State; and e. Do not create a reverse repurchase agreement by the City. f. Construction, capital improvement and bond proceed funds may utilize a flexible repurchase agreement, or similar agreement, that allows expenditure-related withdrawal of funds, without penalty, with an average life and termination date limitation based on the anticipated draw schedule. 4.1.6. Municipal Issuers. Obligations of: a. This State and its agencies or instrumentalities; and b. Counties, cities, and other political subdivisions of the State of Texas rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. 4.1.7. Other Investments. Other investments as approved by the City Council and not prohibited by law. Investment securities purchased prior to this Policy’s revision, that do not meet the revised requirements of this Policy, are not required to be liquidated. The City shall monitor each security’s status to determine whether it is in the best interest of the City to hold or liquidate the security. 4.2 CREDIT RATING REVIEW AND EFFECT OF LOSS OF REQUIRED RATING Not less than quarterly, the Investment Officers will obtain from a reliable source the current credit rating for each held investment that has a PFIA-required minimum rating. Any Authorized Investment that requires a minimum rating and does not qualify at any time during the period, is considered to not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. 4.3 COMPLIANCE WITH STATE LAW All authorized investments outlined above must meet the requirements of the Public Funds Investment Act, Section 2256 of the Texas Government Code. No investment may be made in any instrument except as provided above. 4.4 CASH ON HAND Cash resources required for the immediate needs of the City and not otherwise available for longer term investment will be placed in account(s) at the City's Depository/ Depositories. Such account(s) will earn interest at the highest rate(s) provided in the respective depository contract(s). 4.5 LENGTH OF INVESTMENTS City of Georgetown INVESTMENT ADVISORY SERVICES Page 30 The following general constraints will apply. Maturities exceeding 36 months will require authorization by the City Manager, with no single maturity greater than 60 months. Maturities will be staggered to avoid undue concentration of assets in a specific maturity sector and maturities selected will provide for stability of income and reasonable liquidity. City of Georgetown INVESTMENT ADVISORY SERVICES Page 31 SECTION 5: SAFEKEEPING AND CUSTODY 5.1 AUTHORIZED BROKER/DEALERS and INVESTMENT POLICY CERTIFICATION Authorized investment securities may be purchased only through brokers/dealers who are licensed and in good standing with the Texas Department of Securities, the Securities Exchange Commission, the Financial Industry Regulatory Authority, or other applicable self- regulatory organization. The Investment Officers will maintain a list of broker/dealers who are authorized to provide investment services. The list is approved and included in Attachment “A” of this Policy. Before engaging in investment transactions with a financial institution, broker/dealer, Investment Pool, or Money Market Mutual Fund, the Investment Officers will have received from said firm a signed Certification Form. This form will attest that the individual responsible for the City’s account with that firm has received and reviewed the City’s Investment Policy and that the firm has implemented reasonable procedures and controls in an effort to preclude imprudent activities arising out of investment transactions conducted between the City and the firm. The letter must be signed by a qualified representative as defined by Section 2256.002, of the Texas Government Code. “Qualified Representative” means a person who holds a position with a business organization who is authorized to act on behalf of the business organization and who is one of the following: (1) a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the Financial Industry Regulatory Authority; (2) for a state or federal bank, a savings bank or state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (3) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool, or (4) for an investment management firm registered under the Investment Advisers Act of 1940 or, if not subject of registration under the Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. 5.2 AUTHORIZED FINANCIAL INSTITUTIONS Financial institution deposits and other evidences of deposit may be purchased at qualified City Depositories and other financial institutions. Qualifications will be determined by the Investment Officers. The City must have a written agreement with the Depository and other financial institutions, and that depository and other financial institutions must meet all State Laws for deposit of public funds. The City's main operating Depository/Depositories will be selected as provided by law and the City’s purchasing procedure. 5.3 INTERNAL CONTROLS All investment transactions will be documented by the Investment Officers. The Investment Officers may make investments orally, but will follow promptly with a written confirmation to the financial institution or broker/ dealer, with a copy of such confirmation retained in the City's files. City of Georgetown INVESTMENT ADVISORY SERVICES Page 32 On investments, the Investment Officers will solicit competitive quotes. Where appropriate, at least two (2) quotations will be solicited for each such investment made. Market value of the portfolio and each investment will be monitored at least quarterly through industry standard publications/sources for market data such as, but not limited to, The Wall Street Journal. Market value may also be determined through the City’s investment software application, which uses industry standard publications/sources for its market data. 5.4 SAFEKEEPING All securities purchased by the City under this Policy must be designated as assets of the City, must be conducted on a delivery-versus-payment (DVP) basis, and must be protected through the use of a third-party custody/safekeeping agent. The City will enter into a formal agreement with an institution of such size and expertise as is necessary to provide the services needed to protect and secure the investment assets of the City. 5.5 COLLATERALIZATION To the extent not insured by federal agencies that secure deposits, City funds (including financial institution deposits and C.D.’s) must be collateralized or enhanced in compliance with the Texas Public Funds Collateral Act and pertinent federal banking regulations. With the exception of deposits secured with irrevocable letters of credit at 100% of deposit plus accrued interest, the aggregate market value of pledged securities shall be equal to at least one hundred two percent (102%) of the of the deposit (including accrued interest) less an amount insured by the Federal Deposit Insurance Corporation. Should the depository fail to adequately maintain the required collateral level, the City may increase the minimum to 110%. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or collateralization pledged towards depository deposits. Institutions serving as a depository will be required to sign a Depository/Collateral Agreement with the City. The collateralized deposit portion of the Agreement shall define the City’s rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: • The agreement must be in writing; • The agreement has to be executed by the Depository and the City contemporaneously with the acquisition of the asset; • The agreement must be approved by the Board of Directors or designated committee of the Depository and a copy of the meeting minutes must be delivered to the City; and • The agreement must be part of the Depository’s “official record” continuously since its execution. Securities pledged as collateral must be retained in an independent third party bank and marked as pledged to the City. The City will be provided the original safekeeping receipt on each pledged security. With the exception of the Federal Reserve Bank, the City, financial institution, and the safekeeping bank(s) will operate in accordance with a master safekeeping agreement. The City's Investment Officers must approve in writing the release of collateral prior to its removal from the safekeeping account in accordance with the terms of the depository agreement. The financial institution(s) with which the City invests and/or maintains deposits will require the custodian to provide monthly a listing of the collateral pledged to the City marked to current market prices. The listing will include total pledged securities itemized by name, CUSIP, type and description of the security; safekeeping receipt number; par value; current market value; maturity date; and Moody's or Standard & Poor's rating, if available. City of Georgetown INVESTMENT ADVISORY SERVICES Page 33 SECTION 6: REPORTING 6.1 QUARTERLY REPORTING The Investment Officers shall prepare and submit to the Council a quarterly report on investment transactions for all funds covered by this Policy. The report will be prepared in compliance with the Public Funds Investment Act. The report will cover the investment position of the City at the end of the each fiscal quarter. The contents will include at a minimum: 1. Beginning and ending market value of the portfolio; 2. Beginning and ending market value and book value, maturity date, type of funds, interest coupon, accrued interest and yield for each separate security; and 3. A statement as to the compliance with this Policy and State law. 6.2 ANNUAL REPORTING Within 90 days following the end of the fiscal year, the Investment Officers will present to the City Council a comprehensive annual report on the investment program and investment activity. In addition to the information required for quarterly reporting, the annual report will include a review of the activities and return for the twelve months, suggest Policy revisions and improvements that might enhance the investment program, and include an investment plan for the ensuing fiscal year. 6.3 PERFORMANCE STANDARDS In order to evaluate portfolio performance of funds subject to this Policy, the City establishes “weighted average yield to maturity” as the standard portfolio performance measurement. The portfolio’s performance will be compared against appropriately competitive and reasonable benchmarks, including money market mutual funds or investment pools of similar make-up and maturities. 6.4 COMPLIANCE The quarterly reports shall be formally reviewed and a compliance audit of management controls and adherence to this Policy as it relates to the City’s investments and investing activity will be performed on an annual basis in conjunction with the City’s annual financial audit. The results shall be reported to the City Council. SECTION 7: POLICY REVIEW AND AMENDMENTS This Investment Policy will be reviewed by the City Council on at least an annual basis as required by the Public Funds Investment Act and make amendments as necessary. The Council will review the Policy as part of the annual investment report presented by staff. City of Georgetown INVESTMENT ADVISORY SERVICES Page 34 CITY OF GEORGETOWN INVESTMENT POLICY Attachment “A” Approved Broker/Dealer List Bank of America/Merrill Lynch UBS Paine Webber, Inc. Duncan Williams Rice Financial Raymond James JPMorgan Chase Securities Coastal Securities These broker/dealers meet the City’s Investment Policy requirements. City of Georgetown INVESTMENT ADVISORY SERVICES Page 35 EXHIBIT C CITY OF GEORGETOWN QUARTERLY REPORT – FOURTH QUARTER 1 AGREEMENT BY AND BETWEEN THE CITY OF GEORGETOWN, TEXAS AND VALLEY VIEW CONSULTING, L.L.C. It is understood and agreed that the City of Georgetown (the Investor) will have, from time to time, money available for investment (Investable Funds) and Valley View Consulting, L.L.C. (Advisor) has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to the subject matter hereof. 1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties: a) Assist the Investor in developing cash flow projections; b) Suggest appropriate investment strategies to achieve the Investor’s objectives; c) Advise the Investor on market conditions, general information and economic data; d) Analyze risk/return relationships between various investment alternatives; e) Attend occasional meetings as requested by the Investor; f) Assist in the selection, purchase and sale of investments. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. All funds shall be invested consistent with the Texas Public Funds Investment Act, Chapter 2256 Government Code and the Investor’s Investment Policy; g) Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations; h) Assist the Investor in creating investment reports in compliance with State legislation and the Investor’s Investment Policy; and i) Assist the Investor with primary depository bank selection. 2 4. The Investor agrees to: a) Compensate the Advisor for any and all services rendered and expenses incurred as set forth in Appendix A attached hereto; b) Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and will promptly notify the Advisor as to any changes in such estimated cash flow projections; c) Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions, or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information; d) Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor; and e) Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall have no liability or responsibility for any loss or penalty resulting from any investment made or not made in accordance with the provisions of this Agreement, except that the Advisor shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible for any loss incurred by reason of any act or omission of any broker, selected with reasonable care by the Advisor and approved by the Investor, or of the Investor’s custodian. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor’s obligations to become included in the gross income of the owners thereof. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. Any and all expenses for which the Advisor is entitled to reimbursement in accordance with Appendix A, attached hereto, shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This agreement incorporates the services as stated in the Advisor’s response to RFP #201515 dated December 16, 2014 and is subject to the Investor’s terms and conditions included therein. 8. This Agreement shall be in effect until February 28, 2017, with the option of the Investor to extend this Agreement in additional one and two year increments. Provided, however, the Investor or Advisor may terminate this Agreement upon thirty (30) days 3 written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other services contemplated herein. 9. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 10. The Advisor shall not assign this Agreement without the express written consent of the Investor. 11. The Investor acknowledges that: 1) _____ Investor was provided a written copy of Form ADV Part 2 not less than 48 hours prior to entering into this written contract, or 2) _____ Investor received a written copy of Form ADV Part 2 at the time of entering into this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3) __X__ Investor is renewing an expiring contract and has received in the past, and offered annually, a written copy of Form ADV Part 2. When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Investor and Advisor for the purposes and the consideration herein specified. Respectfully submitted, Richard G. Long, Jr. Manager, Valley View Consulting, L.L.C. This agreement is hereby agreed to and executed on behalf of the City of Georgetown, Texas. By _______________________________ City of Georgetown 4 Date: ______________________________ APPENDIX A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by Advisor in connection with the investment of the Investable Funds for the Investor, it is understood and agreed that its fee will be an annual fee equal to $26,000. Should the selected tax-exempt bond proceeds investment strategy incorporate a flexible repurchase agreement or other structured investment, fees will be determined by any applicable I.R.S. guidelines and industry standards and may be in addition to the annual fee. Said fee includes all costs of services related to this Agreement, and all travel and business expenses related to attending regularly scheduled meetings. With pre-trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expenses. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test case or other similar legal actions. Although none are anticipated, any other fees retained by Advisor in the performance of its duties shall be disclosed to the Investor. FORM ADV Part 2 – The Brochure Valley View Consulting, L.L.C. 2428 Carters Mill Road Huddleston, VA 24104-4003 SEC File Number 801-56181 540.297.3419 phone 540.297.3758 fax www.valleyviewconsulting.net March 15, 2014 This brochure provides information about the qualifications and business practices of Valley View Consulting, L.L.C. If you have any questions about the contents of this brochure, please contact us at 540.297.3419. The information in this brochure has not been approved or verified by the United States Securities and Exchange Commission or by any state securities authority. This filing of Form ADV Part 2 is in conjunction with the Annual Updating Amendments requirement. Only minor wording edits have been performed. The last update to this brochure was March 3, 2013. Page 1. Table of Contents Advisory Business Fees and Compensation Performance-Based Fees and Side-By-Side Management Types of Clients Methods of Analysis, Investment Strategies and Risk of Loss Disciplinary Information Other Financial Industry Activities and Affiliations Code of Ethics, Privacy Policy, Participation or Interest in Client Transactions, and Personal Trading Brokerage Practices Review of Accounts Client Referrals and Other Compensation Custody Investment Discretion Voting Client Securities Financial Information Page 2. Advisory Business Valley View Consulting, L.L.C. (“Valley View”), established in 1998 and registered in 1999. Valley View provides investment supervisory services primarily to public entities and their related organizations. Services are provided on a non-discretionary, non-custodial basis. State legislation and individual client investment policies determine authorized investments and appropriate strategies. Fixed income/fixed maturity securities, mutual funds, local government investment pools, and financial institution deposits provide the main investment options. Strategies are generally focused on safety of principal and maintenance of adequate liquidity to fund operational needs. Each client’s investment policy and cash flow requirements tailor the investment advice offered by Valley View. Clients have complete control and discretion over allowed investments and implemented strategies. As of December 31, 2013, Valley View provided advisory services to thirty-three entities with approximately $2.5 billion in total assets. Additionally, Valley View provides cash and investment consulting services to non-advisory clients. Valley View is solely owned by Richard G. Long, Jr. Fees and Compensation Investment supervisory fees can be a percentage of assets under management, hourly rates, fixed fees, or a combination of these. All fees are negotiable, and direct-billed and payable in arrears. Fees structures generally range from 0.01% to 0.30%, annually, based on the book value of assets under management; $150.00 to $750.00 per hour; $500 to $25,000 per project; $800 to $3,000 per day; $150.00 to $500.00 per month; $400.00 to $1,000.00 per transaction; or other fees as negotiated at the time of contract. In some cases, a minimum annual fee may apply. Contracts are cancelable without cause with 30 day notice. Clients maintain their own safekeeping agent/custodian relationships and are responsible for any related fees. Local government investment pools and mutual funds are subject to their own fee schedules. Recommended mutual funds have been, and are anticipated to be, no-load. Valley View assists each client in minimizing transactional expenses or any other normal business expenses that might be incurred in the management of its funds. In the event that a flexible repurchase agreement or other structured investment option is utilized for bond proceeds, Valley View may receive a normal and customary fee (usually paid by the counterparty) within the guidelines of the Internal Revenue Service, in lieu of the fee prescribed in advisor agreement. Although no other forms of compensation are anticipated, if any additional compensation is received, the amount and source will be disclosed to the client. Performance-Based Fees and Side-By-Side Management Valley View does not charge any performance-based fees nor participate in side-by-side management. Page 3. Types of Clients Valley View generally provides investment advice to “government entity” investors, including, but not limited to: state agencies, cities, counties, school districts, special districts, colleges and universities, and special authorities. Additionally, Valley View provides advice to clients on matters not directly involving investing. Valley View does not impose a minimum dollar value of assets for starting or maintaining a relationship. Methods of Analysis, Investment Strategies and Risk of Loss Each client’s investment policy governs investment strategy selection and implementation, with most client investment objectives focused on preservation of principal and maintenance of adequate liquidity to fund ongoing operations. Selecting investments with limited credit risk and matching short and long- term maturity purchases to client-based cash needs primarily manage the risk of realized loss. Most investments are cash equivalent or fixed income/fixed maturity that are held to maturity. Depending upon investment and strategy selection, each client may risk loss of principal or anticipated earnings due to issuer default or adverse market movement. Valley View most often offers advice on: money market instruments, certificates of deposit and other financial institution deposits, municipal securities, mutual fund shares, United States government securities, repurchase agreements, and local government investment pools. Valley View’s analysis includes fundamental, cyclical, and client-based cash flow requirements. Information sources include financial newspapers and magazines, research material prepared by others, corporate rating services, annual reports, prospectuses, regulatory filings, and other financial information sources. Credit Risk – Most government entities specifically manage and restrict the exposure to credit risk. Assuming large amounts of credit risk is inconsistent with the main objectives to “primarily emphasize safety of principal and liquidity.” All issuers contain incremental credit risk, although the markets believe certain ones have little to no real credit risk (e.g. U.S. government securities). Generally, legislation does allow specific issuer-types with true credit risk, but restricts that risk based on measurements of nationally recognized credit rating agencies. Credit risk considerations extend beyond the investments that are selected to be included in the organization’s portfolio. Properly collateralized deposits or repurchase agreements, secured in accordance with the investment policy and federal banking regulations, essentially reduce the inherent credit risk of the financial institution or counterparty. Periodic review of collateral values and financial institution strength ensures that any exposure remains minimal. Prior to investment, accurate identification of the individual issuer’s risk profile or the local government investment pool/mutual fund’s investment criteria, and analysis of the historical risk/return relationship determines if the client will potentially receive adequate return for any increased risk. Although minimum credit rating requirements may apply, the investment policies and strategies of available pools/funds are reviewed to ensure that their policies are congruent with those of the client. Page 4. Market/Opportunity Risk – The restriction of most credit risks focuses portfolio management on controlling market risk and opportunity risk. Working with the yield curve, issuer yield spreads, and cash flow requirements addresses these two risks. Appropriate yield curve positioning, with limited interest rate cycle timing, provides most yield enhancement. Our services include the research and analysis necessary to assist the client in formulating strategy recommendations. Cash flow predictability creates the baseline for investment strategy development. Keeping current-use funds in expenditure-related maturities or cash-equivalent alternatives, while positioning stable and longer range funds further out the yield curve, provides overall portfolio enhancement. For government entities, the higher yield-advantage of extended maturities most safely manifests itself in increased interest earnings (not speculative gains). Therefore, a hold-to-maturity strategy is primarily utilized. Disciplinary Information Valley View attempts to comply with all registration requirements and has not experienced any legal or disciplinary event that is material to a client’s evaluation of its advisory business or to the integrity of its management personnel. Other Financial Industry Activities and Affiliations Valley View is not affiliated with any other financial institution and no related person is a general partner in any partnership in which clients are solicited to invest. There are no registrations current or pending for either the firm or its management personnel to register as a broker-dealer, futures commission merchant, commodity pool operator, commodity trading advisor, or an associated person to the forgoing entities. Valley View provides investment advisory services on a consulting–basis through Estrada Hinojosa & Company, Inc. Estrada Hinojosa (a registered broker-dealer and adviser firm) provides similar investment advisory services to its financial advisory clients. No client transactions are conducted with Estrada Hinojosa. Two Valley View team members individually hold positions that provide continuing education services through the University of North Texas (see attached resumes). Any and all investment advice and security transactions are separately handled and are not subject to any commingling or front loading. Except as described above, Valley View is not compensated by any investment provider or investment manager. Valley View is actively engaged in business other than giving investment advice, and anticipates spending less than 50% of its resources pursuing and providing non-investment services. Other activities include, but are not limited to: bank service analysis and provider selection, cash and investment management policies and procedures creation and revision, government entity investment continuing education, and other finance-related services. Page 5. Code of Ethics, Privacy Policy, Participation or Interest in Client Transactions, and Personal Trading Valley View maintains a Code of Ethics that is available upon request to its clients. The Code is designed to prevent client-based conflicts of interest and attempts to comply with applicable laws and regulations. Valley View advises governmental entities subject to various open records requirements. Therefore most, if not all, client information is considered public. If Valley View and its advisory personnel do have access to non-public information (e.g. bank account numbers), said information shall not be disclosed without the prior written approval of the client and any discarded files shall be destroyed (e.g. shredded). As a firm, Valley View does not participate in, nor have an interest in, investments that may be recommended to clients or resulting client transactions. However, the team members are allowed to purchase similar investments for his or her personal account and related accounts. The team member is not allowed to commingle or execute in front of client transactions. To further reduce any conflict of interest, individual Valley View team members primarily invest in “non-reportable securities” or securities not eligible for client portfolios. Brokerage Practices Specific client consent is required to determine the investments to be bought or sold, the amount of the investments to be bought or sold, the broker-dealer or financial institution to be used, or the commission rates to be paid (where applicable). In most cases, the client authorizes and annually re-approves a broker-dealer list. Valley View may assist clients in selecting broker-dealers based on the firm and representative’s public funds experience, compliance with client investment policies, competitive pricing, and responsiveness to client needs. Valley View does receive “general” market research from investment providers, however no products, services, or soft dollar benefits are provided to Valley View. Eligible securities are usually sold by each broker-dealer “as principal” without additional commissions. Multiple client transactions are not aggregated as each client has specific needs and settlement requirements. Given the commonality of most investment options, not aggregating generally does not result in higher commissions or costs. Review of Accounts At relationship initiation, Valley View reviews each client’s investment policy, eligible investment products, current investment practices, cash flow requirements, recent investment reports, authorized broker-dealer and investment provider lists, and other pertinent documentation. Investment maturities, significant cash inflows and/or outflows, bond issuance, quarter end, fiscal year end, major market movements, and other factors trigger periodic reviews. Ongoing reviews include current portfolio, projected cash flows, investment policy requirements, investment strategy targets, market conditions, and other considerations. As Chief Investment Officer, Mr. Long performs the investment supervisory function and reviews all accounts. Ms. Anderson, Mr. Day, Mr. Koch, and Mr. Ross assist in all aspects of client service as registered investment adviser representatives. Page 6. Client reports include, but are not limited to: • Individual transaction information (at time of transaction). • Broker-dealer trade and financial institution deposit confirmations and activity reports sent directly to the client by the respective firm. • Safekeeping agent/custodian clearance receipts and holdings reports sent directly to the client. • Written portfolio reports, prepared as per each client’s investment policy and contract terms (usually quarterly). Fixed income security “Fair Value” is provided by client-specific safekeeping agents/custodians, by generally available market prices, or determined by reviewing generally available offering prices and decreasing the price by an appropriate bid/offer spread. Client Referrals and Other Compensation Valley View does not have any arrangements where it receives cash or other economic benefit from a non-client in connection with giving advice to clients. Valley View has an agreement with Estrada Hinojosa & Company, Inc. to provide cash or other economic benefit for client referrals. The arrangement and potential compensation are disclosed to each potential client prior to contract initiation, and on an ongoing basis thereafter. Custody Valley View does not have custody of client funds. Investment Discretion Valley View does not have investment discretion over client funds. Any and all investment advice and investment transactions are separately handled and are not subject to any commingling or front loading. Voting Client Securities Valley View does not vote client proxies. Each client’s safekeeping agent/custodian is responsible for communicating any and all proxy events. Financial Information Valley View does not have discretion over investment transactions, custody of client funds, or require payment of more than $1,200 in fees per client, six or more months in advance. Audited financial statements are not available. Page A-1. Résumés Richard G. Long, Jr.  Manager, Valley View Consulting, L.L.C.  Center for Public Management Staff, University of North Texas  Investment industry since 1981  Founded Valley View Consulting, L.L.C and registered with the SEC as an investment advisory firm Mr. Long’s background includes extensive public entity investment management. He has been actively involved in government entity investment legislation; investment policies and strategies; cash flow-based investment portfolios; eligible investment options; appropriate asset allocations; investment transaction settlement and safekeeping procedures; bank service agreements; and arbitrage rebate regulation. Mr. Long founded Valley View Consulting, L.L.C., in the fall of 1998 and became registered with the Securities and Exchange Commission as an investment adviser firm effective January 1999. Since 1988, Mr. Long has primarily provided cash and investment-related services to government entities. In earlier capacities, Mr. Long originated corporate, asset backed and tax-exempt securities, managed a government trading operation, and distributed both public and private securities. On a consulting-basis, Mr. Long coordinates the team’s efforts to assist Estrada Hinojosa & Company, Inc. (a registered broker-dealer and investment adviser firm) in providing cash and investment services. Mr. Long earned a Bachelor of Science, Business Administration degree in Finance from Colorado State University and a Masters of Business Administration degree from the University of Dallas. Mr. Long provides continuing education classes through the University of North Texas and has presented information to multiple investment management organizations. Susan K. Anderson  Registered Investment Adviser Representative, Valley View Consulting, L.L.C.  Chief Executive Officer, Anderson Financial Management, L.L.C.  Investing Public Funds since 1981  Former City of Austin, TX Treasurer & Investment Officer  Served as Chief Investment Officer for State of Texas  Investment Manager, The PFM Group for 9 years  Center for Public Management Staff, University of North Texas Page A-2. Ms. Anderson has extensive public fund experience, beginning in 1971 with her first government position at the City of Austin. Ms. Anderson served the City in the Financial Services Division for over twenty-five years. The last twenty years were specifically dedicated to the management of the investment, debt and cash resources of the City. As Treasurer of the City of Austin, she was responsible for the $1.5 billion investment portfolio, the $3.3 billion debt portfolio and all cash management programs, including collections and bank relations. Additional relevant responsibilities included serving as liaison to all three of the City’s pension programs and as Trustee on the City of Austin Firemen’s Relief and Retirement Fund, and Board Member of the City of Austin Deferred Compensation Fund. Investment strategies developed for City funds, pension funds and deferred compensation funds spanned the entire spectrum of public-eligible investment products, including fixed income, equity and international funds. Following her retirement from the City of Austin, she served as Chief Investment Officer for the State of Texas where she was responsible for the management of $35 billion of combined operating, endowment and trust funds. After her public service, she joined the national financial and investment advisory firm, The PFM Group. PFM allowed Ms. Anderson to be exposed to a myriad of government clients with unique needs and requirements and to hone her skills to identify problems and find the appropriate solutions for her clients. Ms. Anderson earned a Bachelor of Science, Business Administration degree in Finance from St. Edward’s University. She is a Certified Cash Manager and a registered investment advisor representative. Ms. Anderson founded Anderson Financial Management, L.L.C. in 2008 and has partnered with Valley View to bring her expertise to the Valley View team. Ms. Anderson provides continuing education classes through the University of North Texas and has presented information to multiple investment management organizations. William J. Koch  Registered Investment Adviser Representative, Valley View Consulting, L.L.C.  President, Avalon Financial Services  Public-sector consulting since 1990  Over forty years financial management experience  Founded Avalon Financial Services in 1996 Mr. Koch is a capable and versatile financial professional with extensive management and operational credentials that include a strong background in accounting, cash management, treasury, and information systems. He has broad industry experience with both publicly traded and privately held firms, including international market activities, and public sector organizations. His career has included management positions with Page A-3. Fortune magazine ranked firms in which he was responsible for accounting and financial reporting, treasury, and information services. Since 1990, Mr. Koch has been a management consultant providing specialized financial services primarily to public sector organizations, including municipalities, school districts, colleges, hospital districts, and regional transportation authorities. With proven financial expertise, solidly versed in statutes and legal requirements, and extensive knowledge of banking systems and services, he has a unique blend of capabilities to offer his clients. Mr. Koch is a registered investment adviser representative. Formerly a partner with a regional consulting group, Mr. Koch founded Avalon Financial Services in 1996 and serves as its president. Mr. Koch is a graduate of Texas A&M University. Thomas H. Ross  Registered Investment Adviser Representative, Valley View Consulting, L.L.C.  Retired City of Bedford, Texas Director of Administrative Services  Over seventeen years public-sector experience  Lengthy corporate finance and accounting career Mr. Ross has a background in financial operations and information technology management, including seventeen years in the public sector, and most recently completed fourteen years of service with the City of Bedford, Texas, retiring as Director of Administrative Services. Joining the team in February 2010, Mr. Ross brings a broad and unique client operations perspective to the areas of cash management, governmental accounting, banking relations, management reporting, portfolio management, and general financial analysis, all of which impact the successful execution of a client’s investment program. Mr. Ross is a member of the Government Finance Officers Association of Texas (GFOAT), where he earned the designation of Certified Government Finance Officer (CGFO), and the Government Treasurer’s Organization of Texas (GTOT). Mr. Ross is a registered investment adviser representative. Mr. Ross is a graduate of Texas A&M University with a Bachelor of Business Administration degree in Management. Page A-4. Benjamin F. Day  Registered Investment Adviser Representative, Valley View Consulting, L.L.C.  Investment industry since 1984  Diversified background in sales and trading  Extensive client-based risk/return analysis experience Mr. Day is the most recent addition to the Valley View team. He first entered the securities industry in 1984 and has sales and trading desk experience in equity, matched book and fixed income investments. His various positions with large and regional investment-related firms developed a knowledgeable assessment of the major market rallies and melt downs of the last thirty years. This background enhances his outlook regarding portfolio risk/reward and client expectation. He has over fifteen years’ experience in developing and delivering investment portfolio management seminars. Mr. Day is a registered investment adviser representative. Mr. Day is a graduate of Northwood University with a Bachelor of Business Administration degree.     REQUEST FOR PROPOSALS FOR INVESTMENT ADVISORY SERVICES RFP # 201515 DUE DATE FOR RESPONSES December 16, 2014 By 2:00 PM CST Proposal By   Page 2     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Investment Advisor Services Request For Proposals (“RFP”) RFP #201515 Table of Contents A. Cover Letter Page 3 B. Company Description Page 5 C. Personnel Page 7 D. Investment Approach Page 12 E. Descriptions and Sample Reports Page 19 F. Compensation Page 20 G. Additional Services Page 21 H. References Page 23 Certification of Non-Collusion Page 24 Conflict of Interest Questionnaire Page 25 W-9 Page 26 ATTACHMENTS: Form ADV Part 1 Form ADV Part 2 Sample Report Page 3     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   December 16, 2014 Ms. Trina Bickford Purchasing Manager City of Georgetown 300-1 Industrial Ave. Georgetown, TX 78627 Dear Ms. Bickford: Thank you for this opportunity to present Valley View’s credentials for continuing investment advisory services for the City of Georgetown (the “City”). Attached is our response to the RFP addressing Valley View’s experiences, philosophies, and capabilities related to the objectives and work to be performed under this contract. As we have demonstrated with our current servicing of the City, we believe an investment advisor should function as an extension of the City’s finance staff. The City has other pressing issues and additional time constraints to deal with in the overall administration of the City and we can assist to effectively manage and monitor this vital function. Our team monitors the markets on the City’s behalf, and develops and executes investment strategies to safely optimize the returns of the City’s portfolio. Our strategy and selection considerations are fully communicated prior to execution so that the City can be comfortable that appropriate decisions are made and confident that, should the need arise, the City could quickly re-integrate the delegated functions. The proposal reinforces our team’s overall approach when determining the City’s optimal allocation of financial assets, especially considering the recent unique economic environment. During our service period, the City effectively maintained a targeted yield curve position and actively evolved to an optimum investment structure. Even with the substantial variability in portfolio balances, the portfolio achieved the required liquidity and augmented interest income. If the City chose to re-contract with Valley View, the investment services you would continue to receive include: • Strategic portfolio advice to achieve the City’s investment objectives, • Investment policy and bond covenant review, • Development of historical cash flow model for all non-bond funds, • Project management assistance to develop a cash flow model for bond proceeds, • Complete analysis of investment types, pools, and money market funds, • Thorough communication, reporting, and training, • Effective broker/dealer management, • Integration of bond proceeds investment, and Page 4     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   • Long range portfolio strategy development. These services would be performed as non-discretionary functions, working to assist the City through: Personal Commitment – Our business objectives create dedicated focus and we believe the City has positively experienced that commitment. Education – All portfolio decisions thoroughly discussed, beneficial investment provider relationships developed, and education opportunities pursued will continue to increase the City’s abilities. Independence – We independently analyze each investment option. There is no promotional advantage to any choice, nor hidden agendas or back door marketing efforts to jeopardize recommendations. Providing value added services for a reasonable and appropriate fee is the objective. With that in mind, and based upon the current portfolio balances, we propose $36,000 annual fixed fee. We certainly appreciate our many years servicing the City and are willing to negotiate a mutually beneficial fee and fee structure. The attached information provides an extensive outline of the team’s history and approach to public funds investment. Valley View is a public-funds focused investment advisory firm with relatively few clients that have been carefully developed due to their compatibility with our business plan. This discretion is the cornerstone of our commitment to customer service, to ensure that each client feels as if they are our only client. This response attempts to fulfill the requirements of the RFP. Please call me at (888) 853-3778 if any information is missing, or if there are questions. Sincerely, Richard G. Long, Jr. Manager, Valley View Consulting, L.L.C. Page 5     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   B. Company Description - A complete description of Proposer’s organization, including at a minimum: • Date founded and details of ownership as well as any subsidiaries and affiliates relevant to the City; Valley View was founded in the fall of 1998 and registered with the SEC as an investment advisor firm effective January 1999. Richard G. Long, Jr. wholly owns the firm. To more fully address the complete spectrum of client needs, Mr. Long has teamed with Susan K. Anderson, Benjamin F. Day, Julie S. Gerhardt, William J. Koch, and Thomas H. Ross. These affiliations assure that our clients will receive more comprehensive and individually designed services related to the financial programs of government investors. Valley View Consulting, L.L.C. is a Securities and Exchange Commission (“SEC”) registered investment advisory firm serving public entities in a variety of cash and investment management and consulting roles. Valley View provides completely independent advice and consultation and is not affiliated with any investment pool, mutual fund, broker/dealer, financial institution, or investment provider. Valley View and its professionals perform substantial other consulting activities that include cash and investment-related projects, but do not meet the definition of investment advisory service. These activities have direct beneficial application to the City’s service requirements. Although Valley View’s office of registration is in Virginia, it is fully registered with the State of Texas and has personnel located in Austin, Fort Worth, and Dallas areas. All services provided to the City will be seamless from any physical address. • Description of the experience of the firm in serving as an investment advisor for municipalities and other public entities in Texas; Valley View specializes in serving public fund investors and recognizes that the challenges facing these clients are significantly different from non-governmental investors. Public fund investors face cash flow constraints, fewer staff resources and more limited investment options. Likewise, investment strategies and preferred investment products for the governmental investor can be significantly different. Valley View has successfully navigated through these challenges to develop effective investment programs. Valley View’s business plan offers a variety of advisory and consulting services exclusively to public entities similar to the City. Managing extremely large client portfolios or investment pools are not part of that business plan. Providing client-specific service will not be jeopardized by the whims of the “800 pound gorilla” that demands attention. The PFIA, and subsequently the City and all other local governments’ investment policies, requires local environment-cash flow based investment management decisions. With that requirement, each government has a unique and distinct “optimum” investment strategy. Page 6     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Consequently client-to-client yield comparisons are not appropriate. That stated, the City’s own portfolio experienced a wide variety of local and market conditions since 2001, and was appropriately adjusted and positioned by effective coordination between City staff and the investment advisory team. • The types of accounts primarily sought; Almost all of our clients are Texas public entities subject to the Public Funds Investment Act (the “PFIA”); therefore most of our client portfolios will be similar to that of the City. Valley View’s business plan will provide service to a limited number of entities with portfolios roughly sized from $10,000,000 to over $400,000,000. True value-added advice and consultation requires a consistent and dedicated focus. The City is a prime candidate to receive value from such a relationship. • Any SEC or regulatory censure or litigation involving institutional business Proposer conducts with governmental investors currently or over the past three years; Ms. Anderson, Mr. Day, Ms. Gerhardt, Mr. Koch, Mr. Long, Mr. Ross, nor Valley View has ever been subject to any SEC or FINRA (the Financial Industry Regulatory Authority replaced the NASD) regulatory censure litigation, arbitration, enforcement actions or complaints. • Description of any accounts which have discontinued services from the firm, including the reason for the termination; and Since 1999 only two investment advisory clients have discontinued utilizing Valley View as ongoing investment advisor. Both experienced general revenue challenges and terminated all, or a majority of, outside consulting agreements. Services were not terminated for cause or lack of performance. Both have volunteered as references: City of Beaumont Laura Clark 409.880.3115 City of Hurst Clay Caruthers 817.788.7059 There have been local governments that retained Valley View for specific bond issue investment. When those funds were expended the contracts expired. Valley View provides various consulting services to public entities on a project-by-project basis. Most engagements result in additional service contracts. • Copies of ADV Parts I and II, as on file with the SEC, and proof of registration with the Texas State Securities Board. Valley View qualifies for national registration – SEC registration file number 801-56181. The SEC registration includes a Notice Filing to the State of Texas. Please see attached Forms ADV Parts 1 and 2. Page 7     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   C. Personnel - Details of Proposer’s personnel including at a minimum: a. Size of staff committed to public sector clients and the credentials of key staff members; Valley View is pleased to offer a team whose members have extensive experience with the City and will each play an integral role in providing their expertise to fulfill the contract objectives of the City. Mr. Long will oversee the relationship. Ms. Anderson will coordinate most the portfolio activities and investment transactions. Mr. Ross will facilitate monthly and quarterly investment portfolio reporting. Mr. Day, Ms. Gerhardt, and Mr. Koch will provide client support and back-up as well as provide specialized investment and consulting services.   Team members will be available to attend most meetings within a reasonable amount of notice time. Because Valley View practices a team approach to client coverage, each member of the firm is aware of client initiatives and portfolio status. Each week, the firm reviews every client with updates on all portfolio activities and strategies. It is therefore our policy that our clients will be able to have their needs met by any team member. The following lists the credentials of key personnel: Richard G. Long, Jr. • Manager, Valley View Consulting, L.L.C. • Investment industry since 1981 • Public funds cash and investment management focus since 1988 • Registered Valley View Consulting, L.L.C. with the Securities and Exchange Commission in 1999 Susan K. Anderson • Chief Executive Officer, Anderson Financial Management, L.L.C. • Investing Public Funds since 1981 • Former City of Austin Treasurer & Investment Officer • Served as Chief Investment Officer for State of Texas • Founded Anderson Financial Management, L.L.C. in 2008 • Associated with Valley View since 2008 William J. Koch • President, Avalon Financial Services • Public-sector consulting since 1990 • Over forty years financial management experience • Founded Avalon Financial Services in 1996 • Associated with Valley View since 1999 Thomas H. Ross • Retired City of Bedford, Texas Director of Administrative Services • Twenty+ years public-sector experience Page 8     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   • Lengthy corporate finance and accounting career • Associated with Valley View since 2010 Benjamin F. Day • Investment industry since 1984 • Diversified background in sales and trading • Extensive client-based risk/return analysis experience • Associated with Valley View since 2012 Julie S. Gerhardt • Investment industry since 1993 • Responsible for administration and organizational issues • Experienced in customer support and reporting b. List of investment professionals proposed to directly provide services to the City, including their relationship with firm, number of years with the firm, their responsibilities, their investment business experience and experience in public sector investment management; The following resumes highlight each team member’s experience: Richard G. Long, Jr. Manager Mr. Long’s background includes extensive public entity investment management (he is responsible for in excess of $2 billion of public funds). He has been actively involved in the public funds investment legislation; investment policies and strategies; cash flow-based investment portfolios; eligible investment options; appropriate asset allocations; investment transaction settlement and safekeeping procedures; bank service agreements; and arbitrage rebate regulation. Mr. Long founded Valley View Consulting, L.L.C., in the fall of 1998 and became registered with the SEC as an investment advisor firm effective January 1999. At his previous employers (First Southwest Company and Ambac Investment Management, Inc.) he established and/or managed their investment management efforts. In other previous capacities, Mr. Long originated corporate, asset backed and tax-exempt securities, managed a government trading operation, and distributed both public and private securities. Mr. Long began his fixed income market career in 1981 and has focused on public funds since 1988. Mr. Long earned a Bachelor of Science, Business Administration degree in Finance from Colorado State University and a Masters of Business Administration degree from the University of Dallas. Mr. Long has presented information to multiple public funds investment management organizations. Page 9     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Mr. Long is a registered investment adviser representative. Susan K. Anderson Investment Advisor Representative Ms. Anderson has extensive public fund experience, beginning in 1971 with her first government position at the City of Austin, Texas. Ms. Anderson served the City in the Financial Services Division for over twenty-five years. The vast majority of time was specifically dedicated to the management of the investment, debt and cash resources of the City. As Treasurer, she was responsible for the $1.5 billion investment portfolio, the $3.3 billion debt portfolio and all cash management programs, including collections and bank relations. Additional relevant responsibilities included: serving as liaison to all three of the City’s pension programs, as Trustee on the Firemen’s Relief and Retirement Fund, and as Board Member of the Deferred Compensation Fund. Investment strategies developed for City funds, pension funds and deferred compensation funds spanned the entire spectrum of eligible investment products, including fixed income, equity and international funds. Following her retirement from the City of Austin, she served as Chief Investment Officer for the State of Texas where she was responsible for the management of $35 billion of combined operating, endowment and trust funds. After her public service, she joined the national financial and investment advisory firm, The PFM Group, where she continued to develop her knowledge of public fund investment. The stint at PFM allowed Ms. Anderson to be exposed to a myriad of government clients with unique needs and requirements and to hone her skills to identify problems and find the appropriate solutions for her clients. Throughout her career, Ms. Anderson has been involved in professional organizations for public sector officials. She has been a member of the Government Finance Officers’ Association (Texas and national), and the Texas Association of School Business Officials, and held officer positions in the Government Treasurers’ Organization of Texas (also chaired their Legislative Committee). Ms. Anderson earned a Bachelor of Science, Business Administration degree in Finance from St. Edward’s University. She is a Certified Cash Manager and a registered investment adviser representative. Ms. Anderson founded Anderson Financial Management, L.L.C. in 2008 and has partnered with Valley View since then to bring her expertise to the investment advisory team. William J. Koch Investment Advisor Representative Mr. Koch is a capable and versatile financial professional with extensive management and operational credentials that include a strong background in accounting, cash management, treasury, and information systems. He has broad industry experience with both publicly traded and privately held firms, including international market activities, and public sector Page 10     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   organizations. His career has included management positions with Fortune magazine ranked firms in which he was responsible for accounting and financial reporting, treasury, and information services. Since 1990, Mr. Koch has been a management consultant providing specialized financial services primarily to public sector organizations, including municipalities, school districts, colleges, hospital districts, and regional transportation authorities. With proven financial expertise, solidly versed in statutes and legal requirements, and extensive knowledge of banking systems and services, he has a unique blend of capabilities to offer his clients. Mr. Koch is a registered investment adviser representative. Formerly a partner with a regional consulting group, Mr. Koch founded Avalon Financial Services in 1996, serves as its president, and has been a Valley View team member since 1999. Mr. Koch is a graduate of Texas A&M University. Thomas H. Ross Investment Advisor Representative Mr. Ross has an outstanding background in financial operations and information technology management, including almost twenty years in the public sector, and most recently completed fourteen years of service with the City of Bedford, Texas, retiring as Director of Administrative Services. Joining the team in February 2010, Mr. Ross brings a broad and unique client operations perspective to the Valley View practice in the areas of cash management, governmental accounting, banking relations, management reporting, portfolio management, and general financial analysis, all of which impact the successful execution of a client’s investment program. Mr. Ross is a member of the Government Finance Officers Association of Texas (GFOAT), where he earned the designation of Certified Government Finance Officer (CGFO), and the Government Treasurer’s Organization of Texas (GTOT). Mr. Ross is a registered investment adviser representative. Mr. Ross is a graduate of Texas A&M University with a Bachelor of Business Administration degree in Management. Benjamin F. Day Investment Advisor Representative Mr. Day is primarily responsible for developing relationships in the Mid-Atlantic States. He first entered the securities industry in 1984 and has sales and trading desk experience in equity, matched book and fixed income investments. From offices in the east and west coasts, he has seen most of the major rallies and melt downs of the last thirty years. This background gives him an educated eye concerning portfolio risk/reward and client expectation. He has over Page 11     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   fifteen years’ experience in developing and delivering investment portfolio management seminars. Mr. Day joined the Valley View team in 2012 and is a registered investment adviser representative. Julie S. Gerhardt Administration Ms. Gerhardt is the most recent addition to the Valley View team. She is primarily responsible for administrative and organizational issues. She began her career in the financial industry in 1993 with Legg Mason Wood Walker, and then subsequently with Smith Barney. Ms. Gerhardt joined the Valley View team in 2013. c. Descriptions of investigations for improper, fraudulent or unfair activities related to the sales of securities involving personnel above, if any; and Ms. Anderson, Mr. Day, Ms. Gerhardt, Mr. Koch, Mr. Long, nor Mr. Ross, have never been subject to any SEC or regulatory censure litigation, enforcement actions or complaints, nor have they ever been investigated for alleged improper, fraudulent or unfair activities related to the sale of securities. d. Details of methods to inform investment professionals of developments relevant to governmental investment managers. Valley View actively pursues relevant forms of continuing education, and our professionals are members of multiple finance and investment-related government entity service groups, including the Government Finance Officers’ Association of Texas and Government Treasurers’ Organization of Texas. We participate in many educational seminars and professional schools, and are frequently asked to speak or present specific material for many organizations. We routinely monitor proposed and enacted changes to the PFIA to ensure that our clients implement any amendment that is required and any optional change that would be beneficial to their portfolio. As an integral part of attaining and maintaining its SEC registration, Valley View holds an annual meeting that discusses current regulatory changes that would impact our management of public funds. Ms. Anderson and Mr. Long are also staff members with the University of North Texas – Center for Public Management providing PFIA continuing education, and gaining additional exposure to relevant public funds topics and solutions. Page 12     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   D. Investment Approach - Detailed description of Proposer’s investment management approach, including at a minimum: • Process to ensure the City’s objectives of safety, liquidity and yield; Public funds require a different investment approach and fiduciary responsibility to adequately judge appropriate risk/return opportunities. The City has many essential functions to effectively serve its constituents. Investing is usually considered a secondary activity. Our service objective ensures the level of attention and commitment to effectively manage the City’s funds. We believe in the principles stressed by the PFIA and the City’s Investment Policy: • Safety • Liquidity • Public Trust • Yield (Risk-Appropriate) Whether the public fund invests operating or bond funds, these fundamental considerations and principles will be the same. The management of public funds are scrutinized more than any other organizations, therefore Valley View takes great care in assessing and addressing risks on multiple levels to ensure due diligence in minimizing risk exposure. • Experience in developing investment policies and portfolio strategies for governmental operating funds; With a primary focus on managing Texas public funds, Valley View regularly assists in the development, modification and implementation of investment policies, portfolio strategies and other investment-related services. We consider those functions as essential to the effective fulfillment of our contracts and have worked with the City annually in addressing its policy development needs. Members of the Valley View team have written scores of investment policies for Texas entities since the PFIA mandated the document in 1987 and regularly provide instruction through the University of North Texas on the effective and state law-compliant development of investment policies. Valley View is intimately familiar with the PFIA and extensively reviews each new investment option to ensure compliance. Our services will include an initial Investment Policy review and annual reviews thereafter. Additionally, the Valley View team’s personal Texas-government experience with spending and other internal polices will augment our interaction. No matter the objective or funding source of the portfolio, cash flow predictability creates the baseline for investment strategy development. As stated previously, keeping current-use funds in expenditure-related maturities or liquid alternatives, while positioning stable and longer range funds further out the yield curve, provides overall portfolio enhancement. Cash flow forecasting must be the cornerstone of the investment program. Valley View will work with the City to develop forecasts that will guide the investment strategy for each fund to ensure the appropriate mix of liquidity and longer-term asset allocation. Page 13     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   The resulting cash flow forecast and analysis will help identify the appropriate investment strategy and help control risks. Our assistance to the City could combine the following steps to achieve the portfolio’s objectives: • Actively managing the portfolio to maintain appropriate cash levels, • Conservatively estimating cash flows and minimum cash balances, • Appropriately diversifying maturity and investment mix, • Timely and regular market interaction to smooth price fluctuations, • Maintaining minimum positions in highly liquid investment types, and • Strictly adhering to the prohibition on speculative maturity extension. Ongoing review and forecast revision appropriately positions the City and reduces funding requirement concerns. • Types of investment research utilized and the methods for making investment decisions including maturity and selection; Valley View prides itself on generating independent research. As the markets and securities evolve, understanding the potential risk/return largely determines portfolio decisions. For example, in the early 1990s, inverse floating CMO tranches or classes provided the research challenge. Today, callable and step-up securities are the popularly pitched “deals of the day.” Generally, securities with an issuer call option offer a greater purchase yield than non-callable (bullet) securities. Theoretically, the investor receives this higher yield to compensate for the risk of call. If rates go down, the security’s value increases, and the issuer calls the security. The investor is then left with investable funds when interest rates are lower. Conversely, if yields increase, the value decreases, and the issuer will not call the security. The investor remains locked-in at the lower yield. In market/opportunity risk terms – callable securities increase opportunity risk (when yields fall) and increase market risk (when yields rise). The question should be, “Is the investor adequately compensated for the extra risk?” The theory was very obvious, but little research addressed the details. Many public funds investors have been buying callable securities for years. They, unfortunately, never looked back to determine if their portfolio’s actually earned more than a bullet portfolio. To accurately inform its clients, Valley View developed an analytical comparison of callable verses bullet securities. Our analysis compared the average portfolio yields of a rolling two-year bullet portfolio and a rolling two-year/three month callable portfolio since 1990. The rolling bullet portfolio averaged yields greater than the callable portfolio. Buying bullet securities (the lower risk investment) actually gained over callable securities (the higher risk choice)! Page 14     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Conclusion: Over a variety of market conditions, the extra purchase yield of a callable security does not offset the increased risk from the call. (Unfortunately, step-up securities seem to be exhibiting a similar disappointing holding period return.) This callable research is just an example of Valley View’s portfolio-focused capabilities. Other research projects have been and will continue to be done as client needs and market conditions dictate. With the growth of the Internet, investment information and research is available from a multitude of sources. Bloomberg Investor Services, the Federal Reserve Bank, various federal agencies, and many other sites provide most of the market information needed to effectively serve our clients. • Primary strategies for adding value to portfolios; Although market and economic considerations are involved in making the investment decisions, we believe a more important consideration revolves around the client’s cash flow needs. As a PFIA-oriented investment advisor, we believe providing a dependable and safe investment structure is a key objective. Market speculation does not factor into this strategy. Of course, we consider where interest rates might be headed in the short term, but our main focus is on maintaining a discipline to protect and preserve assets over the long term without taking inordinate amounts of risk. This discipline begins with the cash flows of the client. Maturity Distribution – To demonstrate the value that can be added by strategic allocation of assets out along the yield curve, Valley View has collected data going back for over three decades. This data yields compelling evidence of the value that can be added by such allocations. Before maturity extensions can be executed however, an analysis of the City’s cash flows must be instituted to ensure that adequate liquidity and safety remain at the forefront of the strategy and objectives. For example, one strategy model compares a rolling portfolio of two year investments to a government security-based local government investment pool. The rolling two-year portfolio has experienced significant average yield advantage over the pool yield. Analyzing the City’s cash flows and identifying potential non-pool balances could generate similar benefit for that portion of the portfolio that could be prudently laddered. Managing Market Risk by Limiting Investment Maturities – Selecting appropriate yield curve positions for fixed income securities must include an analysis of the potential valuation risk of that particular maturity. Market value of security positions will vary from the date of purchase until maturity. Longer-term maturities will be much more volatile than shorter-term positions and an assessment must be made prior to purchase as to whether the potential variance is worth the incremental yield of the longer maturities. Page 15     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   One strategy to mitigate the impact of changing market environments is to maintain a disciplined approach of regular security purchases through a variety of market conditions. This discipline generally allows the portfolio to offset unrealized losses with unrealized gains with the strategy objective to reach a net mark-to-market spread that is lower than that of any individual security. Adjusting to Market Movements – Current yields have remained dramatically low over the recent past. Those investors that had practiced a disciplined laddering approach for their fixed income portfolios fairly successfully weathered the storm. Moving forward, investing too short reduces current portfolio interest earnings as yields remain historically low. Too long of maturity, when rates rise rapidly, restricts future interest income and impairs market valuation. Therefore, gradual targeted implementation of portfolio strategy hedges the portfolio against the uncertainty and allows the portfolio to build towards its optimum long-term yield curve position. At the same time, however, the portfolio’s weighted average maturity can be strategically adjusted to anticipate and accommodate economic market movements. Valley View will work with the City to identify the appropriate maturity allocation during any given market environment. Adding Potential Returns Through Investment Selection – Valley View generally prefers diversified investment portfolios, and works with each client to establish the optimal mix for their portfolio. However, most of these clients want us to be nimble and flexible enough to adjust this structure to market opportunities or current market risks. As an example, not too long ago, we were focusing our clients on U.S. Government securities that were offering attractive returns relative to the other issuers in the marketplace. As their risk/return profile and attractiveness changed, we began to research other opportunities on behalf of our clients. Our research uncovered significant opportunities available in bank certificates of deposit and other interest bearing products, and we began to move client monies into those fully insured or collateralized options. These investments require much greater effort on the part of the investment advisor and have historically not been included in the arsenal of larger investment advisors’ recommendations (probably because of the additional time to identify potential sources and ensure proper document execution). On the other hand, we have found them to be safe (as long as they are documented appropriately), dependable, and attractive. Since 2008, these instruments have exceeded the returns of comparable Agency issues by 20 to 75 basis points. In the current economic environment, Valley View continues to see value in bank deposit products. We have placed deposits with a number of Texas-based financial institutions, and continue to expand that list. Additionally, we have utilized Certificate of Deposit Account Registry Service (CDARS), which is a PFIA-authorized deposit product. For solicitations, Valley View generally contacts banks statewide to provide rates to various dates. We also send solicitations to local financial institutions to allow them to offer rates to clients in their vicinity. These direct-placed CDs are issued in the name of the client. Brokered or mass-marketed CD programs may be considered if adequate advantage can be achieved. As market conditions change, Valley View will again adjust our selection process. We recognize that the economic and market conditions over the past few years have been extremely Page 16     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   challenging and unique. The most important strategy to keep in mind is to ensure that all cash flow needs are covered and that a laddered approach to investing is diligently practiced. Sector selection, while important, becomes a secondary consideration as long as the portfolios invest in the types allowed by the PFIA and individual client investment policies. Combining all of these concepts into active portfolio management will enhance portfolio return over the long run. Past market performance does not ensure similar future results. However, over time, through a variety of market conditions, the potential advantage of cash flow–based portfolio yield curve position provides substantial value. Changes to the current portfolio strategy development will be suggested only after thorough analysis and conclusive evidence that the adjustment provides long-term benefit to the City. The City has clearly experienced the advantage of prudent investment product selection, interest rate cycle timing and appropriate yield curve positioning. Valley View’s services will continue to include the research and analysis necessary for the City to reformulate strategy recommendations and Valley View will participate in any presentation (formal or informal) designed to gain approval to implement the desired strategy. Operating - For the operating portion of the portfolio, Valley View will: • Review and recommend modifications to the City’s Investment Policy, • Assist in cash flow forecasting, • Analyze available products (individual securities and pool/fund options) and institutions, • Interpret market conditions and trends, • Determine appropriate asset allocations, • Advise on long-range strategy selection, • Implement strategy within a competitive pricing environment, • Prepare appropriate calculations, accruals and reports, • Provide independent sources for investment market valuations, • Comply with Investment Policy and state and federal regulations, • Review procedures and documentation for management procedures and investment alternatives, • Monitor broker/dealer and safekeeping relationships, • Attend regularly scheduled meetings, and • Educate City staff on pertinent investment topics. Combining all of these concepts into active portfolio management will enhance portfolio return over the long run. Whether the City invests operating or other funds, the fundamental considerations and principles stressed above will be the same. • Suggested performance benchmarks for the City’s portfolio; and Page 17     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   There are several philosophies on appropriate benchmarks, but for many public entities a simple standard is the preferred measurement device. Many Texas public funds select the return of TexPool (or another pool) as their benchmark, because it is a publicly available source and because a local government investment pool is usually the default strategy. Selection of TexPool as a benchmark would therefore provide an assessment of the incremental yield gained by active portfolio management. The development of a custom benchmark may be needed to effectively assess management performance. For example, an operating fund that includes short-term obligations and some longer-term investment capacity, a customized benchmark including a percentage of the return of TexPool and a percentage of the return of 2-year U.S. Agency Notes may be appropriate. By designing a benchmark that more accurately depicts the City’s portfolio allocation objective, the performance of the portfolio against a similarly allocated benchmark would be an appropriate measurement of success. Valley View will explore all of the options with the City to assure that the optimal and preferred benchmark is selected. As speculation is prohibited by the PFIA, and clients tend to hold investments full term, weighted average yield to maturity is the most common performance standard. • Daily procedures for portfolio review and client contact. The needs and desires of the City will dictate the optimum schedule for portfolio review and meetings. The following minimum review schedule is consistent with the objectives of the City: • Quarterly strategy/portfolio review and • Annual performance review. Market cycles and the City’s cash flow schedule will largely determine appropriate ongoing interaction. Regular communication will focus on: • Current cash requirements, • Specific security opportunities, • Market information, • Appropriate transaction execution levels, • Transaction settlement status, and • Investment reporting. Contact and meeting frequency will be based on ebb and flow of the investment portfolio and other assignments. Certain items are best handled face-to-face; others can effectively be completed via phone or email. Major market shifts or portfolio modifications may also require emergency meetings or conference calls to review market trends and appropriately adjust strategies. Valley View is committed to effective and timely response to the City’s needs and if additional meetings are necessary, we will be available. Page 18     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Mr. Long, Ms. Anderson and Mr. Koch will handle the City’s account. As a team we will coordinate our efforts and communications with the City. Specific activities or services will be shared and/or designated to the individual with the most expertise. The City’s experience should be seamless between the individuals. Page 19     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   E. Descriptions & Sample Reports - Detailed descriptions and samples of reports available to the City and their frequency, including methods and formulas used to calculate yield and performance. The City has historically generated its own accounting and investment reports. For quarterly investment reports Valley View customizes each client’s report for a general, yet PFIA- compliant, Council-level overview. For detailed accounting reports, we utilize the Tracker portfolio reporting system. We believe this separation of overview and detail allows the Council to concentrate on the bigger picture of the investment program, and appropriately provides the required data reports to the Finance personnel. As mentioned above, for accounting reports, Valley View utilizes Tracker, a web-based investment reporting service that affords a high degree of flexibility in content and format of reported information. This information can be produced in PDF reports as well as downloaded into Excel worksheet form. Additionally, Valley View can allow City staff to have on-line access to the data in a “Read Only” authorization to maintain the integrity of the data while allowing the City to view portfolio detail. There are no licensing fees or other charges passed on to the City for software use. As with all services provided, we will work with the City to generate any report and/or format necessary to full your requirements. The reports use weighted average yield to maturity as the performance measurement standard. Valley View will prepare monthly accounting reports and quarterly investment reports in compliance with the PFIA and the City Investment Policy. Sample quarterly report attached. Page 20     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   F. Compensation - Proposed compensation for services, either as a flat annual fee or as a per trade fee with an annual cap. As with all contracts, a mutually agreed upon fee will provide the City with good value for the cost and adequate compensation for our efforts and expertise. We offer services with a variety of fee structures and our fee structure may be negotiated. Valley View will work with the City to find the optimum contract fee mechanism prior to contract approval. To provide the total service package described in the RFP, we propose a $35,000 fixed annual fee. The City would be billed in arrears each quarter. When comparing Valley View’s contract fees, it is important to consider that Valley View does not generate any additional revenue, income, soft dollar, or other form of compensation, either disclosed or undisclosed, related to performing investment advisor services for the City. No transactions will flow through an affiliated trading desk or be subject to additional price mark- up. No pool management or referral fees will be generated. No deposit broker or placement fees will be received. Every strategy recommendation and transaction will be based solely on fulfilling the City’s objectives. It is important to understand the benefit of our independence from trading or product-related revenues. Some advisors derive revenues beyond those that are paid in hard dollars by their client. As an example, firms that offer investment pool products derive a fee from the investment pool based upon the dollars that are invested in that product. By recommending deposits into their pool product, these managers subsidize their contracted fees from that client. Other firms require that securities be traded through their own trading desks, which typically are compensated during the trade for providing those services. Both of these techniques are not noticeable to the client, but ultimately reduce their returns. Valley View’s independence means that we derive revenues as hard dollar payments from our clients and from no other sources. Should a selected bond proceeds investment strategy incorporate a flexible repurchase agreement or other structured investment agreement, Valley View’s fees will be determined by any applicable I.R.S. guidelines and industry standards, and not included in the assets under management fee schedule. Page 21     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   G. Additional Services - Provide description of services and approach for assisting the City with the following optional services. If these services are not included in the proposed price above, additional compensation must be clearly noted. • Preparation of RFP, review and selection of new depository banking services. The City’s current depository agreement will expire August 31, 2015 with no renewal options. Valley View goes above and beyond the traditional investment advisory services and routinely provides our clients with other complimentary services. Primary Depository Bank – Valley View’s primary depository bank selection services generally involve a Request for Application (“RFA”), and incorporate all necessary activities to successfully select and contract with the primary depository bank. Some of those activities include the following, as necessary: • Analyzing the prior Primary Depository Bank selection process and current operations. • Reviewing the budget, annual financial report and audit. • Developing a calendar of events. • Defining the acceptable area from which prospective applicants will be considered. • Establishing the criteria by which the applications will be evaluated. • Preparing a list of financial institutions that will be sent the RFA. • Preparing a draft RFA. • Finalizing the RFA with officials and attorney. • Assisting with hosting a pre-proposal conference. • Analyzing responses for conformance to the RFA requirements and to determine the best relative value based on the evaluation criteria. • Meeting to review the results of the proposal analysis. • Assisting with the presentation to the Committee/Council for selection of a depository bank for the new contract period. With agreement expiration August 31st, it will be prudent to begin the RFA process shortly after the first of the year to allow adequate time for a thorough and productive RFA process. • Ongoing review and assistance in implementing best practices in managing its banking, cash management and cash handling programs. As stated throughout this response, we believe an investment advisor should function as an extension of the client’s staff. That objective is achieved by dedicated, independent advice and consultation. Our client/advisor ratio (and other professional staff commitments) is purposely low enough to allow the necessary time and energy to fully service each client. We thoroughly research and implement our recommendations and work with each client to gain comfort and approval for any procedure or strategy modification. Valley View’s team background extends beyond just Page 22     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   investment management and includes practical experience in most treasury-related functions. We will provide that experience as need to the City’s requests. The City has already experienced our thoroughness in security transaction settlement and financial institution placement and collateralization. That focus will continue going forward with any other treasury-related services. • Evaluation and selection of separate contract for securities clearing and safekeeping, if needed. Properly established custodial and safekeeping agreements are essential to safely and effectively manage the city’s funds. Valley View’s dedicated focus to public funds investment has built extensive experience in opening and maintaining acceptable custodian and safekeeping accounts. We will assist the City as necessary with the necessary arrangements. • Others as might be suggested by the proposer. As discussed throughout this proposal, cash management is critical to the prudent and proper implementation of an effective investment strategy. Valley View will assist the City in researching and developing a cash flow model to more effectively implement cash and investment strategies. The process with include historical analysis and forward projections. Modeling potential CIP programs or other projects will also be included. The City currently has an approved broker/dealer list. If needed, Valley View will assist the City in reviewing, modifying, and establishing effective broker/dealer relationships. Three criteria guide Valley View’s approach to managing broker/dealer relationships. They must: 1. Understand and accept the unique objectives of investing public funds, 2. Provide competitive pricing, and 3. Respond appropriately to the needs of the client. Many times an investment advisor only transacts with its “list” of broker/dealers and the client loses identity to the broker/dealer community. Valley View’s approach clearly communicates the client’s role in broker/dealer selection, encourages complete knowledge of each participant, and provides direct contact information to both parties. If the City re-internalized the investment management function, the City and its broker/dealers would be prepared. Page 23     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   H. References - Reference information for Proposer’s five comparable public sector clients, including at a minimum a description of services provided to client, length of relationship with client, the point of contact, phone number and email. City of Lufkin Belinda Southern 300 East Shepard Lufkin, TX 75902 936.633.0305 Full investment advisory services since 1999. bsouthern@cityoflufkin.com Brazos River Authority John Hawes 4600 Cobbs Drive Waco, TX 76710 254.761.3229 Full investment advisory services since 2008. jhawes@brazos.org City of Longview Angela Coen 300 West Cotton Street Longview, TX 75601 903.239.5521 Full investment advisory services since 2012. acoen@longviewtexas.gov Austin Community College Ben Ferrell 5930 Middle Fiskville Road Austin, TX 78752-4390 512.223.7600 Full investment advisory services since 2010. bferrell@austincc.edu City of Tyler Keidric Trimble 212 North Bonner Street Tyler, TX 75702 903.245.6588 Full investment advisory services since 2009. ktrimble@tylertexas.com Please consider our reference list confidential. Page 24     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   Certification of Non-Collusion "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Offeror, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal." A LIMITED LIABILITY COMPANY, chartered in the State of VIRGINIA, authorized to do business in the State of TEXAS. Respectfully Submitted, By: ____________________________________ Richard G. Long, Jr., Manager Valley View Consulting, L.L.C. 2428 Carters Mill Road Huddleston, VA 24104-4003 540.297.3419 telephone 540.297.3758 FAX rglong@yahoo.com December 16, 2014 Page 25     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. Not Applicable 2. Check this box if you are filing an update to a previously filed questionnaire. Not Applicable 3. Name of local government officer with whom filer has employment or business relationship. Not Applicable ______________________________________________________ Richard G. Long, Jr. Manager Valley View Consulting, L.L.C. December 16, 2014 Page 26     2428 Carters Mill Road, Huddleston, VA 24104 888.853.3778   W-9   Chief Financial Officer Cash and Investment Manager Accounting Manager The investment portfolio of the Brazos River Authority is in compliance with the Public Funds Investment Act and the Authority's Investment Policy and Investment Strategy Statements. These reports were compiled using information provided by the Brazos River Authority. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields and do not account for investment advisor fees. Brazos River Authority Quarterly Investment Report For the Quarter Ended August 31, 2014 Prepared by Valley View Consulting, L.L.C. Asset Type Book Value Market Value Book Value Market Value Ave. Yield Demand/Pools/MMMF 18,056,096$ 18,056,096$ 18,702,811$ 18,702,811$ 0.35% Securities/CDs 56,881,182 56,882,000 56,225,871 56,226,404 0.69% Totals 74,937,278$ 74,938,096$ 74,928,682$ 74,929,215$ Total Portfolio 0.60% Total Portfolio 0.58% Average Yield 1 year Treasury Note 0.12% Average Yield 1 year Treasury Note 0.12% Quarter 112,038$ Fiscal Year to Date 485,057$ Average Yield for Current Quarter (1)Fiscal Year-to-Date Average Yield (2) Interest Income (1) Average Yield for Current Quarter is calculated using quarter end report yield and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year-to-Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Strategy Summary: The Federal Open Market Committee (FOMC) maintained the Fed Funds target range between 0.00% and 0.25% (actual Fed Funds traded <10 bps). The FOMC continued tapering the Quantitative Easing (QE3) program to $25 billion per month. Tapering is anticipated to eliminate the program in October. Second quarter 2014 GDP was a strong 4.2% and first quarter was revised up to (2.1%). Employment data remains key as the FOMC focuses on wage growth, under-employment and overall participation. The US stock markets again touched new highs. International economical and political struggles weigh on US interest rates. Financial institution deposit yields generally provide the best interest earnings opportunity, although spreads to security yields have tightened. Quarter End Results by Investment Category: May 31, 2014 August 31, 2014 Valley View Consulting, L.L.C. Page 2. Valley View Consulting, L.L.C. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Pe r c e n t a g e Treasury Yield Curves August 30, 2013 May 30, 2014 August 29, 2014 Page 3. Valley View Consulting, L.L.C. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 6.00 6.50 7.00 7.50 Pe r c e n t a g e US Treasury Historical Yields Six Month T-Bill Two Year T-Note Ten Year T-Note Page 4. Valley View Consulting, L.L.C. 0 250 500 750 1,000 1,250 1,500 1,750 2,000 2,250 S&P 500 Page 5. Detail of Investment Holdings Coupon/ Maturity Settlement Call Original Face/ Purchased Book Market Market Life Description Ratings YTM Date Date Date Par Value Value Value Price Value (days) Yield Demand 0.00% 09/01/14 08/31/14 (240,798)$ (240,798)$ (240,798)$ 1.000 (240,798)$ 1 0.00% BBVA Compass RFB Deposit 0.00% 09/01/14 08/31/14 64,965 64,965 64,965 1.000 64,965 1 0.00% BBVA Compass Checking 0.36% 09/01/14 08/31/14 2,350,949 2,350,949 2,350,949 1.000 2,350,949 1 0.36% BBVA Compass Payroll 0.36% 09/01/14 08/31/14 4,895 4,895 4,895 1.000 4,895 1 0.36% BBVA Compass Savings 0.36% 09/01/14 08/31/14 14,935,644 14,935,644 14,935,644 1.000 14,935,644 1 0.36% BBVA Compass Employee Benefits 0.36% 09/01/14 08/31/14 13,779 13,779 13,779 1.000 13,779 1 0.36% Graham Savings 0.25% 09/01/14 08/31/14 9,298 9,298 9,298 1.000 9,298 1 0.25% SSB MMA 0.19% 09/01/14 08/31/14 1,559,473 1,559,473 1,559,473 1.000 1,559,473 1 0.19% TexPool AAAm 0.04% 09/01/14 08/31/14 4,607 4,607 4,607 1.000 4,607 1 0.04% Comerica Bank CD 0.58% 09/24/14 09/24/12 1,011,167 1,011,167 1,011,167 100.000 1,011,167 24 0.58% Comerica Bank CD 0.58% 10/09/14 10/09/12 2,021,370 2,021,370 2,021,370 100.000 2,021,370 39 0.58% Independent Bank CD 0.65% 10/22/14 10/22/12 5,057,086 5,057,086 5,057,086 100.000 5,057,086 52 0.65% Comerica Bank CD 0.57% 12/26/14 12/26/12 1,009,538 1,009,538 1,009,538 100.000 1,009,538 117 0.57% Frisco TX EDC Bond AA-/Aa3 2.00% 02/15/15 09/20/12 500,000 513,645 502,587 100.624 503,120 168 0.85% Comerica Bank CD 0.52% 04/29/15 04/29/13 2,058,287 2,058,287 2,058,287 100.000 2,058,287 241 0.52% Comerica Bank CD 0.53% 05/15/15 05/16/13 2,013,313 2,013,313 2,013,313 100.000 2,013,313 257 0.53% Southside Bank CD 0.50% 06/08/15 09/16/13 1,003,744 1,003,744 1,003,744 100.000 1,003,744 281 0.50% Independent Bank CDARS 0.40% 06/11/15 03/13/14 1,703,207 1,703,207 1,703,207 100.000 1,703,207 284 0.40% Alliance Bank CD 0.75% 07/20/15 07/18/14 3,000,000 3,000,000 3,000,000 100.000 3,000,000 323 0.75% Comerica Bank CD 0.55% 08/14/15 08/14/13 2,024,668 2,024,668 2,024,668 100.000 2,024,668 348 0.55% Alliance Bank CD 1.00% 09/02/15 09/02/13 3,611,886 3,611,886 3,611,886 100.000 3,611,886 367 1.00% Comerica Bank CD 0.68% 12/16/15 09/16/13 2,012,480 2,012,480 2,012,480 100.000 2,012,480 472 0.68% Comerica Bank CD 0.62% 01/07/16 10/07/13 2,010,352 2,010,352 2,010,352 100.000 2,010,352 494 0.62% Comerica Bank CD 0.45% 01/25/16 04/23/14 1,001,505 1,001,505 1,001,505 100.000 1,001,505 512 0.45% Comerica Bank CD 0.56% 02/22/16 02/20/14 2,005,560 2,005,560 2,005,560 100.000 2,005,560 540 0.56% Comerica Bank CD 0.56% 03/04/16 03/04/14 2,004,699 2,004,699 2,004,699 100.000 2,004,699 551 0.56% Comerica Bank CD 0.69% 04/07/16 10/07/13 2,011,523 2,011,523 2,011,523 100.000 2,011,523 585 0.69% Comerica Bank CD 0.60% 04/25/16 04/23/14 4,008,028 4,008,028 4,008,028 100.000 4,008,028 603 0.60% Comerica Bank CD 0.64% 05/23/16 05/23/14 4,006,456 4,006,456 4,006,456 100.000 4,006,456 631 0.64% BankTexas CD 0.70% 06/24/16 06/24/14 4,004,681 4,004,681 4,004,681 100.000 4,004,681 663 0.70% Alliance Bank CD 0.95% 07/18/16 07/18/14 3,126,287 3,126,287 3,126,287 100.000 3,126,287 687 0.95% Alliance Bank CD 0.95% 08/15/16 08/15/14 2,007,521 2,007,521 2,007,521 100.000 2,007,521 715 0.95% Comerica Bank CD 1.08% 09/16/16 09/16/13 1,009,927 1,009,927 1,009,927 100.000 1,009,927 747 1.08% Comerica Bank CD 0.96% 02/28/17 08/28/14 2,000,000 2,000,000 2,000,000 100.000 2,000,000 912 0.96% 74,926,095$ 74,939,740$ 74,928,682$ 74,929,215$ 333 0.60% (1) (2) August 31, 2014 (1) Weighted average life - For purposes of calculating weighted average life bank, pool, and money market investments are assumed to mature the next business day. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market investments. Valley View Consulting, L.L.C.Page 6. Valley View Consulting, L.L.C. Securities/CDs 74% Pools 0% Bank Accounts 26% Portfolio Composition Page 7. $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 $180,000,000 Total Portfolio Quarter End Book Value $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 Book Value Maturity Distribution Maturity Date Call Date Valley View Consulting, L.L.C. Page 8. Valley View Consulting, L.L.C. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 Pe r c e n t a g e Total Portfolio Performance One Year Treasury Weighted Average Yield Page 9. Book Value Comparison Coupon/ Maturity Original Face/Purchase/ Maturity/Call/ Original Face/ Description Rating Yield Date Par Value Book Value Adjustment Adjustment Par Value Book Value Demand 0.00% 09/01/14 (282,029)$ (282,029)$ 41,232$ -$ (240,798)$ (240,798)$ BBVA Compass RFB Deposit 0.00% 09/01/14 - - 64,965 - 64,965 64,965 BBVA Compass Checking 0.36% 09/01/14 72,190 72,190 2,278,760 - 2,350,949 2,350,949 BBVA Compass Payroll 0.36% 09/01/14 2,919 2,919 1,976 - 4,895 4,895 BBVA Compass Savings 0.36% 09/01/14 16,632,302 16,632,302 - (1,696,658) 14,935,644 14,935,644 BBVA Compass Employee Benefits 0.36% 09/01/14 (1,803) (1,803) 15,581 - 13,779 13,779 Graham Savings 0.25% 09/01/14 69,150 69,150 - (59,853) 9,298 9,298 SSB MMA 0.19% 09/01/14 1,558,761 1,558,761 712 - 1,559,473 1,559,473 TexPool AAAm 0.04% 09/01/14 4,607 4,607 - - 4,607 4,607 Comerica Bank CD 0.52% 06/23/14 4,033,009 4,033,009 - (4,033,009) - - Alliance Bank CD 1.05% 07/18/14 6,111,168 6,111,168 - (6,111,168) - - Alliance Bank CD 0.75% 08/15/14 1,005,620 1,005,620 - (1,005,620) - - Southside Bank CD 0.65% 08/18/14 633,147 633,147 - (633,147) - - Southside Bank CD 0.65% 08/28/14 3,075,867 3,075,867 - (3,075,867) - - Com erica Bank CD 0.58% 09/24/14 1,009,690 1,009,690 1,477 - 1,011,167 1,011,167 Comerica Bank CD 0.58% 10/09/14 2,018,417 2,018,417 2,952 - 2,021,370 2,021,370 Independent Bank CD 0.65% 10/22/14 5,048,904 5,048,904 8,182 - 5,057,086 5,057,086 Comerica Bank CD 0.57% 12/26/14 1,008,089 1,008,089 1,449 - 1,009,538 1,009,538 Frisco TX EDC Bond AA-/Aa3 2.00% 02/15/15 500,000 504,007 - (1,420) 500,000 502,587 Comerica Bank CD 0.52% 04/29/15 2,055,591 2,055,591 2,695 - 2,058,287 2,058,287 Comerica Bank CD 0.53% 05/15/15 2,010,626 2,010,626 2,687 - 2,013,313 2,013,313 Southside Bank CD 0.50% 06/08/15 1,002,481 1,002,481 1,263 - 1,003,744 1,003,744 Independent Bank CDARS 0.40% 06/11/15 1,701,491 1,701,491 1,716 - 1,703,207 1,703,207 Alliance Bank CD 0.75% 07/20/15 - - 3,000,000 - 3,000,000 3,000,000 Comerica Bank CD 0.55% 08/14/15 2,021,863 2,021,863 2,804 - 2,024,668 2,024,668 Alliance Bank CD 1.00% 09/02/15 3,602,805 3,602,805 9,081 - 3,611,886 3,611,886 Comerica Bank CD 0.68% 12/16/15 2,009,035 2,009,035 3,445 - 2,012,480 2,012,480 Comerica Bank CD 0.62% 01/07/16 2,007,213 2,007,213 3,138 - 2,010,352 2,010,352 Comerica Bank CD 0.45% 01/25/16 1,000,370 1,000,370 1,135 - 1,001,505 1,001,505 Comerica Bank CD 0.56% 02/22/16 2,002,732 2,002,732 2,828 - 2,005,560 2,005,560 Comerica Bank CD 0.56% 03/04/16 2,001,872 2,001,872 2,827 - 2,004,699 2,004,699 Comerica Bank CD 0.69% 04/07/16 2,008,029 2,008,029 3,494 - 2,011,523 2,011,523 Comerica Bank CD 0.60% 04/25/16 4,001,973 4,001,973 6,055 - 4,008,028 4,008,028 Comerica Bank CD 0.64% 05/23/16 4,000,000 4,000,000 6,456 - 4,006,456 4,006,456 BankTexas CD 0.70% 06/24/16 - - 4,004,681 - 4,004,681 4,004,681 Alliance Bank CD 0.95% 07/18/16 - - 3,126,287 - 3,126,287 3,126,287 Alliance Bank CD 0.95% 08/15/16 - - 2,007,521 - 2,007,521 2,007,521 Comerica Bank CD 1.08% 09/16/16 1,007,183 1,007,183 2,744 - 1,009,927 1,009,927 Comerica Bank CD 0.96% 02/28/17 - - 2,000,000 - 2,000,000 2,000,000 74,933,271$ 74,937,278$ 16,608,146$ (16,616,742)$ 74,926,095$ 74,928,682$ May 31, 2014 August 31, 2014 Valley View Consulting, L.L.C. Page 10. Market Value Comparison Coupon/ Maturity Original Face/Qtr to Qtr Original Face/ Description Rating Discount Date Par Value Market Value Change Par Value Market Value Demand 0.00% 09/01/14 (282,029)$ (282,029)$ 41,232$ (240,798)$ (240,798)$ BBVA Compass RFB Deposit 0.00% 09/01/14 - - 64,965 64,965 64,965 BBVA Compass Checking 0.36% 09/01/14 72,190 72,190 2,278,760 2,350,949 2,350,949 BBVA Compass Payroll 0.36% 09/01/14 2,919 2,919 1,976 4,895 4,895 BBVA Compass Savings 0.36% 09/01/14 16,632,302 16,632,302 (1,696,658) 14,935,644 14,935,644 BBVA Compass Employee Benefits 0.36% 09/01/14 (1,803) (1,803) 15,581 13,779 13,779 Graham Savings 0.25% 09/01/14 69,150 69,150 (59,853) 9,298 9,298 SSB MMA 0.19% 09/01/14 1,558,761 1,558,761 712 1,559,473 1,559,473 TexPool AAAm 0.04% 09/01/14 4,607 4,607 - 4,607 4,607 Comerica Bank CD 0.52% 06/23/14 4,033,009 4,033,009 (4,033,009) - - Alliance Bank CD 1.05% 07/18/14 6,111,168 6,111,168 (6,111,168) - - Alliance Bank CD 0.75% 08/15/14 1,005,620 1,005,620 (1,005,620) - - Southside Bank CD 0.65% 08/18/14 633,147 633,147 (633,147) - - Southside Bank CD 0.65% 08/28/14 3,075,867 3,075,867 (3,075,867) - - Comerica Bank CD 0.58% 09/24/14 1,009,690 1,009,690 1,477 1,011,167 1,011,167 Comerica Bank CD 0.58% 10/09/14 2,018,417 2,018,417 2,952 2,021,370 2,021,370 Independent Bank CD 0.65% 10/22/14 5,048,904 5,048,904 8,182 5,057,086 5,057,086 Comerica Bank CD 0.57% 12/26/14 1,008,089 1,008,089 1,449 1,009,538 1,009,538 Frisco TX EDC Bond AA-/Aa3 2.00% 02/15/15 500,000 504,825 (1,705) 500,000 503,120 Comerica Bank CD 0.52% 04/29/15 2,055,591 2,055,591 2,695 2,058,287 2,058,287 Comerica Bank CD 0.53% 05/15/15 2,010,626 2,010,626 2,687 2,013,313 2,013,313 Southside Bank CD 0.50% 06/08/15 1,002,481 1,002,481 1,263 1,003,744 1,003,744 Independent Bank CDARS 0.40% 06/11/15 1,701,491 1,701,491 1,716 1,703,207 1,703,207 Alliance Bank CD 0.75% 07/20/15 - - 3,000,000 3,000,000 3,000,000 Comerica Bank CD 0.55% 08/14/15 2,021,863 2,021,863 2,804 2,024,668 2,024,668 Alliance Bank CD 1.00% 09/02/15 3,602,805 3,602,805 9,081 3,611,886 3,611,886 Comerica Bank CD 0.68% 12/16/15 2,009,035 2,009,035 3,445 2,012,480 2,012,480 Comerica Bank CD 0.62% 01/07/16 2,007,213 2,007,213 3,138 2,010,352 2,010,352 Comerica Bank CD 0.45% 01/25/16 1,000,370 1,000,370 1,135 1,001,505 1,001,505 Comerica Bank CD 0.56% 02/22/16 2,002,732 2,002,732 2,828 2,005,560 2,005,560 Comerica Bank CD 0.56% 03/04/16 2,001,872 2,001,872 2,827 2,004,699 2,004,699 Comerica Bank CD 0.69% 04/07/16 2,008,029 2,008,029 3,494 2,011,523 2,011,523 Comerica Bank CD 0.60% 04/25/16 4,001,973 4,001,973 6,055 4,008,028 4,008,028 Comerica Bank CD 0.64% 05/23/16 4,000,000 4,000,000 6,456 4,006,456 4,006,456 BankTexas CD 0.70% 06/24/16 - - 4,004,681 4,004,681 4,004,681 Alliance Bank CD 0.95% 07/18/16 - - 3,126,287 3,126,287 3,126,287 Alliance Bank CD 0.95% 08/15/16 - - 2,007,521 2,007,521 2,007,521 Comerica Bank CD 1.08% 09/16/16 1,007,183 1,007,183 2,744 1,009,927 1,009,927 Comerica Bank CD 0.96% 02/28/17 - - 2,000,000 2,000,000 2,000,000 74,933,271$ 74,938,096$ (8,881)$ 74,926,095$ 74,929,215$ May 31, 2014 August 31, 2014 Valley View Consulting, L.L.C. 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Allocation - Book Value August 31, 2014 Description Portfolio Total Current Operating Operating Reserve Bond Proceeds Bond Reserve Debt Service Repair and Replacement Demand (240,798)$ (240,798)$ -$ -$ -$ -$ -$ BBVA Compass RFB Deposit 64,965 64,965 - - - - - BBVA Compass Checking 2,350,949 2,350,949 - - - - - BBVA Compass Payroll 4,895 4,895 - - - - - BBVA Compass Savings 14,935,644 3,017,145 5,500,000 3,063,916 7,186 2,772,598 574,800 BBVA Compass Employee Benefits 13,779 13,779 - - - - - Graham Savings 9,298 9,298 - - - - - SSB MMA 1,559,473 - 1,559,473 - - - - TexPool 4,607 4,607 - - - - - 09/24/14 1,011,167 - 1,011,167 - - - - 10/09/14 2,021,370 - 2,021,370 - - - - 10/22/14 5,057,086 - 5,057,086 - - - - 12/26/14 1,009,538 - - - - - 1,009,538 02/15/15 502,587 502,587 - - - - - 04/29/15 2,058,287 - 2,058,287 - - - - 05/15/15 2,013,313 - 2,013,313 - - - - 06/08/15 1,003,744 797,977 - - 205,768 - - 06/11/15 1,703,207 203,383 - - - - 1,499,824 07/20/15 3,000,000 3,000,000 - 08/14/15 2,024,668 - 1,019,154 - - - 1,005,514 09/02/15 3,611,886 - 2,201,388 - 1,410,497 - - 12/16/15 2,012,480 - 1,006,240 - - - 1,006,240 01/07/16 2,010,352 - 2,010,352 - - - - 01/25/16 1,001,505 - 1,001,505 - - - - 02/22/16 2,005,560 - 2,005,560 - - - - 03/04/16 2,004,699 - 2,004,699 - - - - 04/07/16 2,011,523 - 2,011,523 - - - - 04/25/16 4,008,028 - 4,008,028 - - - - 05/23/16 4,006,456 - 4,006,456 - - - - 06/24/16 4,004,681 - 4,004,681 - - - - 07/18/16 3,126,287 - 3,126,287 - - - - 08/15/16 2,007,521 - 1,383,521 - 624,000 - - 09/16/16 1,009,927 - 1,009,927 - - - - 02/28/17 2,000,000 - 2,000,000 - - - - Totals 74,928,682$ 9,728,786$ 52,020,016$ 3,063,916$ 2,247,451$ 2,772,598$ 5,095,916$ Valley View Consulting, L.L.C. 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Allocation - Market Value August 31, 2014 Description Portfolio Total Current Operating Operating Reserve Bond Proceeds Bond Reserve Debt Service Repair and Replacement Demand (240,798)$ (240,798)$ -$ -$ -$ -$ -$ BBVA Compass RFB Deposit 64,965 64,965 - - - - - BBVA Compass Checking 2,350,949 2,350,949 - - - - - BBVA Compass Payroll 4,895 4,895 - - - - - BBVA Compass Savings 14,935,644 3,017,145 5,500,000 3,063,916 7,186 2,772,598 574,800 BBVA Compass Employee Benefits 13,779 13,779 - - - - - Graham Savings 9,298 9,298 - - - - - SSB MMA 1,559,473 - 1,559,473 - - - - TexPool 4,607 4,607 - - - - - 09/24/14 1,011,167 - 1,011,167 - - - - 10/09/14 2,021,370 - 2,021,370 - - - - 10/22/14 5,057,086 - 5,057,086 - - - - 12/26/14 1,009,538 - - - - - 1,009,538 02/15/15 503,120 503,120 - - - - - 04/29/15 2,058,287 - 2,058,287 - - - - 05/15/15 2,013,313 - 2,013,313 - - - - 06/08/15 1,003,744 797,977 - - 205,768 - - 06/11/15 1,703,207 203,383 - - - - 1,499,824 07/20/15 3,000,000 3,000,000 - - - - 08/14/15 2,024,668 - 1,019,154 - - - 1,005,514 09/02/15 3,611,886 - 2,201,388 - 1,410,497 - - 12/16/15 2,012,480 - 1,006,240 - - - 1,006,240 01/07/16 2,010,352 - 2,010,352 - - - - 01/25/16 1,001,505 - 1,001,505 - - - - 02/22/16 2,005,560 - 2,005,560 - - - - 03/04/16 2,004,699 - 2,004,699 - - - - 04/07/16 2,011,523 - 2,011,523 - - - - 04/25/16 4,008,028 - 4,008,028 - - - - 05/23/16 4,006,456 - 4,006,456 - - - - 06/24/16 4,004,681 - 4,004,681 - - - - 07/18/16 3,126,287 - 3,126,287 - - - - 08/15/16 2,007,521 - 1,383,521 - 624,000 - - 09/16/16 1,009,927 - 1,009,927 - - - - 02/28/17 2,000,000 - 2,000,000 - - - - Totals 74,929,215$ 9,729,319$ 52,020,016$ 3,063,916$ 2,247,451$ 2,772,598$ 5,095,916$ Valley View Consulting, L.L.C. 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Allocation - Book Value May 31, 2014 Description Portfolio Total Current Operating Operating Reserve Bond Proceeds Bond Reserve Debt Service Repair and Replacement Demand (282,029)$ (282,029)$ -$ -$ -$ -$ -$ BBVA Compass Checking 72,190 72,190 - - - - - BBVA Compass Payroll 2,919 2,919 - - - - - BBVA Compass Savings 16,632,302 1,193,949 9,000,000 3,270,449 10,054 2,558,645 599,204 BBVA Compass Employee Benefits (1,803) (1,803) - - - - - Graham Savings 69,150 69,150 - - - - - SSB MMA 1,558,761 - 1,558,761 - - - - TexPool 4,607 4,607 - - - - - 06/23/14 4,033,009 - 4,033,009 - - - - 07/18/14 6,111,168 3,055,584 3,055,584 - - - - 08/15/14 1,005,620 - 1,005,620 - - - - 08/18/14 633,147 - - - 633,147 - - 08/28/14 3,075,867 - 3,075,867 - - - - 09/24/14 1,009,690 - 1,009,690 - - - - 10/09/14 2,018,417 - 2,018,417 - - - - 10/22/14 5,048,904 - 5,048,904 - - - - 12/26/14 1,008,089 - - - - - 1,008,089 02/15/15 504,007 504,007 - - - - - 04/29/15 2,055,591 - 2,055,591 - - - - 05/15/15 2,010,626 - 2,010,626 - - - - 06/08/15 1,002,481 796,972 - - 205,509 - - 06/11/15 1,701,491 203,178 - - - - 1,498,313 08/14/15 2,021,863 - 1,017,742 - - - 1,004,121 09/02/15 3,602,805 - 2,195,853 - 1,406,951 - - 12/16/15 2,009,035 - 1,004,517 - - - 1,004,517 01/07/16 2,007,213 - 2,007,213 - - - - 01/25/16 1,000,370 - 1,000,370 - - - - 02/22/16 2,002,732 - 2,002,732 - - - - 03/04/16 2,001,872 - 2,001,872 - - - - 04/07/16 2,008,029 - 2,008,029 - - - - 04/25/16 4,001,973 - 4,001,973 - - - - 05/23/16 4,000,000 - 4,000,000 - - - - 09/16/16 1,007,183 - 1,007,183 - - - - Totals 74,937,278$ 5,618,723$ 56,119,555$ 3,270,449$ 2,255,661$ 2,558,645$ 5,114,245$ Valley View Consulting, L.L.C. Page 14. Allocation - Market Value May 31, 2014 Description Portfolio Total Current Operating Operating Reserve Bond Proceeds Bond Reserve Debt Service Repair and Replacement Demand (282,029)$ (282,029)$ -$ -$ -$ -$ -$ BBVA Compass Checking 72,190 72,190 - - - - - BBVA Compass Payroll 2,919 2,919 - - - - - BBVA Compass Savings 16,632,302 1,193,949 9,000,000 3,270,449 10,054 2,558,645 599,204 BBVA Compass Employee Benefits (1,803) (1,803) - - - - - Graham Savings 69,150 69,150 - - - - - SSB MMA 1,558,761 - 1,558,761 - - - - TexPool 4,607 4,607 - - - - - 06/23/14 4,033,009 - 4,033,009 - - - - 07/18/14 6,111,168 3,055,584 3,055,584 - - - - 08/15/14 1,005,620 - 1,005,620 - - - - 08/18/14 633,147 - - - 633,147 - - 08/28/14 3,075,867 - 3,075,867 - - - - 09/24/14 1,009,690 - 1,009,690 - - - - 10/09/14 2,018,417 - 2,018,417 - - - - 10/22/14 5,048,904 - 5,048,904 - - - - 12/26/14 1,008,089 - - - - - 1,008,089 02/15/15 504,825 504,825 - - - - - 04/29/15 2,055,591 - 2,055,591 - - - - 05/15/15 2,010,626 - 2,010,626 - - - - 06/08/15 1,002,481 796,972 - - 205,509 - - 06/11/15 1,701,491 203,178 - - - - 1,498,313 08/14/15 2,021,863 - 1,017,742 - - - 1,004,121 09/02/15 3,602,805 - 2,195,853 - 1,406,951 - - 12/16/15 2,009,035 - 1,004,517 - - - 1,004,517 01/07/16 2,007,213 - 2,007,213 - - - - 01/25/16 1,000,370 - 1,000,370 - - - - 02/22/16 2,002,732 - 2,002,732 - - - - 03/04/16 2,001,872 - 2,001,872 - - - - 04/07/16 2,008,029 - 2,008,029 - - - - 04/25/16 4,001,973 - 4,001,973 - - - - 05/23/16 4,000,000 - 4,000,000 - - - - 09/16/16 1,007,183 - 1,007,183 - - - - Totals 74,938,096$ 5,619,542$ 56,119,555$ 3,270,449$ 2,255,661$ 2,558,645$ 5,114,245$ Valley View Consulting, L.L.C. Page 15. Report Abbreviations CD Certificate of Deposit CDARS Certificate of Deposit Account Registry Service Demand Demand Deposit Bank Accounts FFCB Federal Farm Credit Bank FHLB Federal Home Loan Bank FHLMC Federal Home Loan Mortgage Corporation FNMA Federal National Mortgage Association FRMAC Farmer Agricultural Mortgage Corporation FCDN Federal Farm Credit Bank - Discount Note FHDN Federal Home Loan Bank - Discount Note FMCDN Federal Home Loan Mortgage Corporation - Discount Note FNDN Federal National Mortgage Association - Discount Note FRMDN Farmer Agricultural Mortgage Corporation - Discount Note FNMA MBS Federal National Mortgage Association - Mortgage Backed Security MMA Money Market Account MMMF Money Market Mutual Fund NOW Negotiable Order of Withdrawal Account Page 16. City of Georgetown, Texas Government and Finance Advisory Board January 28, 2015 SUBJECT: Consideration and recommendation to implement an expansion of the City’s Infor Enterprise Asset Management software to enable its use for vehicle fleet management at the City of Georgetown’s Fleet Service Center - Chris Bryce, Assistant Director – IT; Stan Hohman, Fleet Maintenance Supervisor; Paul Diaz, Utilities Financial Analyst ITEM SUMMARY: At the January 7, 2015 meeting of GGAF, the Subcommittee requested additional information on this matter including a business analysis of the Infor Fleet module that compared its implementation costs with its financial benefits. City Staff conducted the analysis using conservative assumptions about the cost savings gained by delaying capital replacement of vehicles and improving staff efficiency. Over a standard 5 year lifespan for software, the Infor Fleet model delivers a substantial financial benefit for the City. This benefit would increase as the City uses the software over an expected 7 year minimum lifespan. Staff extends its recommendation that the City expand its existing enterprise asset management software (Infor EAM) to enable its use for managing the City’s vehicle fleet. FINANCIAL IMPACT: Total cost of this project is expected to be $138,516 ($52,375 software costs, $86,141 implementation). The yearly cost of software maintenance is 20% of total purchase costs. First year of maintenance is included in the total cost. FY 2015 amount is budgeted under accounts 570-5-0641-51-741 and 570-5-0641-52-102. SUBMITTED BY: Chris Bryce, Assistant Director – IT; Stan Hohman, Fleet Maintenance Supervisor; Paul Diaz, Utilities Financial Analyst ATTACHMENTS: Description Type Infor Fleet Presentation Cover Memo Fleet Analysis for Infor Cover Memo 1/22/2015 1 Infor Fleet Module Business Case Analysis City of Georgetown Questions for the Board • Are implementation costs reasonable? • Why are we paying to implement? • Is the RTA data conversion necessary? • What does the cost benefit analysis recommend? City of Georgetown 1/22/2015 2 Current Issues City of Georgetown Current Issues City of Georgetown 1/22/2015 3 Current Issues City of Georgetown Current Issues City of Georgetown *Recommended Average from Government Fleet Magazine 1/22/2015 4 Current Issues City of Georgetown Problem Solving: What are we getting for the Funds? Retirement of the RTA system means: • Replacement of 1999 technology. • Reduction in work order errors. • Reduction in collecting and analyzing fleet data. • 5% Reduction in capital replacement costs. City of Georgetown 1/22/2015 5 Delaying Capital Replacement • Overview of fleet size: 505 Vehicles valued at $22.02 M. • Additional years on capital assets can have dramatic impacts on the health of the fund and overall RIO. City of Georgetown An Extra Year Really Adds Up • Fire Ladder Replacement Costs: $1,466,000 with a useful life of ten years: $146,000 • Fire Engine Replacement Costs: $446,000 with useful life of ten years: $44,600 • Police Car Replacement Costs: $52,000 with a useful life of six years: $8,666 • Bucket Truck Replacement Costs: $162,000 with a useful life of nine year: $18,000 City of Georgetown 1/22/2015 6 Proposed Infor Project Costs City of Georgetown • Start Up Costs Breakdown – Software License: $52,000 – Hardware: $3,516 – Implementation: $83,000 Implementation Breakdown City of Georgetown Segment Amount Requirements Definition 8,000            Installation & Configuration 12,000         Data Conversion 9,600            Intergrations 3,200            Testing 12,000         Go‐Live Support 12,000         Training 13,700         Travel 12,500         Total 83,000         1/22/2015 7 Net Impact/RIO City of Georgetown Opportunities • Capital Replacement Schedule • Fuel Monitoring increases Internal Control, Audits and controls against possible fraud. • Preventative maintenance can help in legal, insurance, safety & risk requirements. • Help maintain complex assets in Fire, Police and the new EMS Ambulances. City of Georgetown 1/22/2015 8 Questions City of Georgetown Mechanic to Vehicle Ratio We hired Justin in 12/13 budget year 436 vehicles 1/73 ratio. Opened Customer Care Center staffed by Denny Herrin Budget Year Vehicle Count Technicians Mech/Ratio 03/04 284 3 1/95 04/05 290 4 1/73 05/06 314 4 1/79 06/07 343 5 1/69 07/08 373 5 1/75 08/09 391 5 1/78 09/10 398 5 1/80 10/11 408 5 1/82 11/12 429 5 1/86 12/13 436 5 1/87 13/14 456 5 1/92 14/15 504 5 1/101 According to an article in Government Fleet magazine dated February 2011, the typical city & county mechanic to vehicle ratio is 55 to 60:1 ASE Blue Seal Shop We have been an ASE Blue Seal Shop for the past 6 years Staff Certifications Fleet staff currently hold 97 ASE and EVT certifications We have 5 staff that are ASE Master certified We have 2 staff that are Master Fire Apparatus technicians Technician time saved 15 minutes of saved time per technician because: Average time spent for each trip is 3 minutes We hired Becky in 04/05 budget year 284 vehicles 1/95 ratio We hired Alan in 06/07 budget year 314 vehicles 1/79 ratio 5 less trips to computer throughout day to input information, each time their hands need to be cleaned before using keyboard and they have to log in each time Work Order Count 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 OCT 114 198 211 269 307 220 413 294 244 NOV 135 200 162 149 168 155 300 236 387 DEC 167 144 247 237 227 192 238 252 322 JAN 167 176 160 185 227 177 301 202 356 FEB 213 248 205 182 230 260 235 365 360 MARCH 277 258 236 233 240 211 248 300 324 APRIL 192 297 263 233 275 252 305 325 354 MAY 210 281 195 223 288 288 283 267 349 JUNE 144 246 294 251 272 254 317 269 347 JULY 174 333 279 248 224 325 285 243 384 AUG 170 299 221 234 289 250 253 292 319 SEPT 173 213 180 201 284 217 337 172 285 TOTAL 2136 2893 2653 2645 3031 2801 3515 3217 4031 Fleet Past Survey Comments/Responses We were the highest rated department in the last internal customer service survey Quality of service was very high Exceptional, problem was resolved in a timely manner Excellent, provides expert service and commitment to our apparatus Excellent service, friendly Work performed was professional and done right Great, always prepared to help and make accommodations Overall great job, I like the new process with the customer service desk A+ quality of service, I only came in for two tires and got a PM and inspection completed Outstanding work and done on time 10 out of 10 Overall quality of service is excellent, everyone was very helpful and understanding Car needed immediate repair and we picked it up in a couple of hours Great, we were able to get in and right back out Awesome I'm always treated like a customer and get better service that at a paid automotive shop. Keep up the good work. Fleet Growth Over Last Five Years Class 2009/10 2010/2011 2011/2012 2012/2013 2013/2014 Class Includes C - cars/sedans 90 90 85 91 91 cars, sedans, police cars ST - small trucks 115 131 134 138 152 pickups and trucks from small SUV's up to class 5 trucks LT - large trucks 14 14 15 14 18 class 6 trucks and larger SE - small equipment 36 48 47 47 50 mowers, golf carts, small utility vehicles, etc. LE - large equipment 32 35 36 37 47 backhoes, rollers , loaders, graders, roadside mowers, etc. SEW - sewer equipment 2 3 3 3 5 vacuum trucks, camera van for sewer work SW - street sweepers 2 2 2 2 2 street sweepers EU - electric utility 11 13 13 13 14 bucket trucks, digger trucks, boom trucks, crane truck FT - fire trucks 7 10 12 13 13 engines, rescue truck, brush trucks, tanker QT - quint ladder trucks 4 3 3 3 3 quints and ladder trucks TS - small trailers 45 47 47 48 55 small trialers generally with one axle TL - large trailers 30 33 37 45 49 large trailers with more than one axle, including generators M - motorcycles 4 4 4 4 6 police motorcycles Total Unit Count 392 433 438 458 505 Unit Data Car Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 102-01 2003 $16,082.00 35.92 $1,882.15 $4,692.12 12 $26,000.00 105-04 2011 $42,308.75 4.17 $260.80 $1,198.74 4 $42,000.00 Average 2007 $29,195.38 20.045 $1,071.48 $2,945.43 8 $34,000.00 Marked Police Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 864-02 2007 $36,617.00 102.83 $6,116.68 $20,280.72 8 $52,000.00 864-07 2007 $36,617.00 67.75 $4,060.10 $7,209.29 8 $52,000.00 864-14 2011 $35,104.00 29.12 $1,822.58 $4,233.99 4 $52,000.00 864-18 2011 $35,104.00 33.65 $2,104.87 $4,006.88 4 $52,000.00 864-25 2011 $35,104.00 36.88 $2,318.42 $4,519.75 4 $52,000.00 864-27 2011 $35,104.00 46.6 $2,906.36 $6,805.76 4 $52,000.00 864-33 2011 $35,104.00 49.55 $3,140.08 $7,334.55 4 $52,000.00 864-56 2008 $45,031.00 95.43 $5,761.68 $13,241.47 7 $52,000.00 864-70 2008 $45,031.00 90.72 $5,488.72 $12,514.01 7 $52,000.00 864-71 2008 $45,031.00 85.87 $5,165.32 $10,078.80 7 $52,000.00 864-72 2008 $45,031.00 65.15 $3,919.41 $8,240.82 7 $52,000.00 864-73 2008 $45,031.00 85.5 $5,163.11 $15,322.50 7 $52,000.00 864-74 2008 $45,031.00 80.05 $4,878.62 $9,047.50 7 $52,000.00 864-75 2008 $45,031.00 76.92 $4,707.44 $9,420.78 7 $52,000.00 Average 2008.9 $40,283.64 67.57285714 $4,110.96 $9,446.92 6.1 $52,000.00 Un-marked Police Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 863-107 2005 $21,953.00 42.82 $2,380.04 $6,476.05 10 $35,000.00 863-120 2007 $23,352.00 66.87 $3,910.62 $10,406.62 8 $35,000.00 863-123 2006 $22,140.00 24.46 $1,340.12 $2,793.50 9 $35,000.00 864-111 2004 $21,767.00 40.75 $2,279.83 $4,749.70 11 $35,000.00 864-112 2004 $21,767.00 65.57 $3,655.94 $7,428.43 11 $35,000.00 Average 2005.2 $22,195.80 48.094 $2,713.31 $6,370.86 9.8 $35,000.00 1/2 ton pickup Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-08 2011 $20,530.00 12.92 $811.24 $1,622.92 4 $25,000.00 106-09 2011 $20,530.00 11.73 $735.63 $1,540.35 4 $25,000.00 106-15 2011 $16,347.00 11.62 $558.71 $1,183.81 4 $25,000.00 106-17 2011 $16,747.00 22.53 $1,359.53 $9,427.78 4 $25,000.00 108-05 2008 $15,400.00 37.41 $2,289.77 $5,569.08 7 $25,000.00 108-26 2006 $14,230.00 40.34 $2,169.15 $9,213.58 9 $25,000.00 346-02 2004 $13,637.00 19.25 $1,065.77 $2,461.20 11 $25,000.00 550-33 2001 $17,505.00 38.5 $1,998.00 $8,322.97 14 $25,000.00 551-12 2003 $15,732.00 60.01 $3,363.24 $6,641.83 12 $25,000.00 551-15 2004 $14,132.00 43.04 $2,381.96 $7,578.70 11 $25,000.00 Average 2007.0 $16,479.00 29.735 $1,673.30 $5,356.22 8 $25,000.00 Small SUV's Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 602-08 2012 $27,115.00 19.57 $1,203.31 $2,045.04 3 $25,000.00 551-11 2008 $24,947.00 22.76 $1,310.64 $2,603.86 7 $25,000.00 346-07 2008 $24,387.00 15.63 $970.97 $3,332.13 7 $25,000.00 346-08 2008 $24,387.00 12.45 $766.14 $2,781.62 7 $25,000.00 135-09 2008 $24,387.00 14.89 $918.41 $2,690.46 7 $25,000.00 Average 2008.8 $25,044.60 17.06 $1,033.89 $2,690.62 6.2 $25,000.00 1 ton Utility Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-24 2006 $21,489.00 90.73 $5,101.48 $10,592.88 9 $36,000.00 110-07 2007 $31,592.00 35.58 $2,013.02 $6,838.34 8 $54,000.00 110-09 2007 $41,637.00 92.24 $5,302.47 $14,535.40 8 $54,000.00 110-33 2013 $47,986.00 8.5 $543.26 $1,369.36 2 $54,000.00 110-34 2013 $40,290.06 10.4 $660.81 $853.32 2 $41,000.00 108-13 2005 $36,634.00 129.94 $7,367.67 $18,339.05 10 $41,000.00 134-01 2004 $29,167.00 102.87 $5,661.25 $14,862.27 11 $42,000.00 134-05 2007 $31,592.00 76.12 $4,221.54 $9,242.47 8 $35,000.00 134-23 2003 $25,140.00 124.88 $6,928.73 $17,164.63 12 $45,000.00 439-03 1999 $27,949.00 187.52 $9,384.93 $18,072.82 16 $52,000.00 Average 2006.4 $33,347.61 85.878 $4,718.52 $11,187.05 8.6 $45,400.00 Dump Trucks Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 108-01 2002 $45,091.00 160.47 $8,459.25 $19,270.39 13 $80,000.00 108-07 2009 $67,696.00 42.17 $2,542.36 $9,497.57 6 $80,000.00 108-08 2003 $42,432.00 147.89 $7,654.72 $17,763.65 12 $80,000.00 134-07 2008 $60,109.00 119.49 $6,628.56 $15,651.31 7 $80,000.00 134-09 2008 $60,109.00 91.07 $5,164.87 $13,087.68 7 $80,000.00 134-18 2009 $67,696.00 85.13 $5,076.76 $10,686.94 6 $80,000.00 Average 2006.5 $57,188.83 107.7033333 $5,921.09 $14,326.26 8.5 $80,000.00 Mowers Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 736-08 2009 $11,300.64 115.11 $7,114.62 $13,868.95 6 $15,000.00 736-09 2008 $12,325.00 72.71 $4,395.62 $6,822.97 7 $15,000.00 736-23 2010 $11,330.64 41.15 $2,539.87 $4,323.64 5 $15,000.00 736-29 2006 $43,664.97 118.31 $7,031.13 $15,891.95 9 $45,000.00 736-46 2005 $33,000.00 50.03 $2,709.77 $5,557.52 10 $45,000.00 736-58 2013 $13,514.15 11.22 $712.92 $1,775.55 2 $15,000.00 Average 2008.5 $20,855.90 68.08833333 $4,083.99 $8,040.10 6.5 $25,000.00 Golf Carts Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 864-180 2011 $6,890.00 11.42 $725.62 $1,769.68 4 $7,000.00 864-181 2011 $6,890.00 9.38 $596.00 $1,227.89 4 $7,000.00 864-182 2011 $6,890.00 18.88 $1,199.63 $2,472.00 4 $7,000.00 864-183 2011 $6,890.00 14.19 $901.63 $1,610.80 4 $7,000.00 Average 2011 $6,890.00 13.4675 $855.72 $1,770.09 4 $7,000.00 Backhoes Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-23 2005 $58,625.41 73.25 $3,814.06 $10,261.77 10 $69,500.00 108-03 2012 $72,360.00 19.12 $1,167.79 $2,758.52 3 $80,000.00 108-12 2009 $75,843.00 61.01 $3,710.37 $6,893.10 6 $80,500.00 108-22 2003 $55,747.05 198.2 $9,780.52 $15,440.65 12 $69,500.00 114-19 2008 $66,283.00 142.51 $8,478.49 $16,386.31 7 $69,500.00 Average 2007.4 $65,771.69 98.818 $5,390.25 $10,348.07 7.6 $73,800.00 Loaders Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 134-02 2005 $98,701.67 127.09 $6,605.97 $14,109.59 10 $210,000.00 134-34 1998 $99,030.00 251.56 $12,648.70 $53,859.05 17 $175,000.00 Average 2001.5 $98,865.84 189.325 $9,627.34 $33,984.32 13.5 $192,500.00 Grader Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 134-37 1999 $123,514.00 174.32 $8,656.06 $33,672.15 16 $175,000.00 Average 1999 $123,514.00 174.32 $8,656.06 $33,672.15 16 $175,000.00 Vacuum Trucks Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-59 2003 $216,971.60 603.83 $33,952.76 $129,258.71 12 $330,000.00 110-15 2006 $214,000.00 110.54 $6,066.67 $22,219.14 9 $230,000.00 Average 2004.5 $215,485.80 357.185 $20,009.72 $75,738.93 10.5 $280,000.00 Camera Truck Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 110-08 2011 $139,408.00 31.8 $1,997.02 $3,645.73 4 $150,000.00 Average 2011 $139,408.00 31.8 $1,997.02 $3,645.73 4 $150,000.00 Street Sweepers Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 114-05 2008 $142,881.55 266.75 $16,280.32 $48,193.68 7 $230,000.00 114-10 2004 $108,680.85 553.09 $26,825.77 $82,850.54 11 $230,000.00 Average 2006 $125,781.20 409.92 $21,553.05 $65,522.11 9 $230,000.00 Bucket Trucks Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-07 2002 $97,480.00 294.31 $15,399.35 $47,974.96 13 $180,000.00 106-11 2008 $132,535.00 134.68 $8,088.05 $24,760.23 7 $180,000.00 106-31 2008 $160,450.00 100.26 $6,180.77 $17,110.60 7 $180,000.00 106-37 2012 $118,596.00 45.07 $2,863.74 $10,918.40 3 $135,000.00 106-38 2012 $118,596.00 43.74 $2,779.24 $10,835.51 3 $135,000.00 Average 2008.4 $125,531.40 123.612 $7,062.23 $22,319.94 6.6 $162,000.00 Digger Truck Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-13 1999 $165,000.00 548.81 $29,109.23 $79,195.95 16 $350,000.00 Average 1999 $165,000.00 548.81 $29,109.23 $79,195.95 16 $350,000.00 Boom/Crane truck Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 106-18 2002 $175,000.00 328.17 $17,269.42 $68,137.41 13 $180,000.00 110-13 1998 $109,000.00 262.21 $14,253.94 $33,100.61 17 $250,000.00 Average 2000 $142,000.00 295.19 $15,761.68 $50,619.01 15 $215,000.00 Fire Engines Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 550-27 2010 $302,660.00 187.25 $11,368.78 $27,971.03 5 $450,000.00 550-30 2012 $375,295.00 58.01 $3,685.95 $8,374.50 3 $450,000.00 550-31 2011 $357,000.00 86.63 $5,432.43 $22,032.27 4 $450,000.00 550-34 2012 $409,516.00 47030 $2,988.28 $8,695.78 3 $450,000.00 550-06 1999 $250,000.00 804.64 $41,019.41 $148,079.83 16 $430,000.00 Average 2008.8 $338,894.20 9633.306 $12,898.97 $43,030.68 6.2 $446,000.00 Fire Brush Trucks Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 550-12 1994 $82,677.00 520.08 $520.08 $45,680.41 21 $400,000.00 550-15 1994 $82,677.00 612.69 $30,845.01 $91,000.80 21 $400,000.00 550-10 2008 $173,587.00 188.08 $11,044.63 $22,517.14 7 $360,000.00 Average 1998.7 $112,980.33 440.2833333 $14,136.57 $53,066.12 16.3 $386,666.67 Fire Ladder Trucks Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 550-03 2004 $503,459.08 607.47 $32,728.14 $144,636.80 11 $1,400,000.00 550-05 2008 $888,456.87 517.62 $30,795.44 $104,482.64 7 $1,600,000.00 550-07 2006 $499,516.12 517.36 $29,053.82 $127,418.90 9 $1,400,000.00 Average 2006 $630,477.36 547.4833333 $30,859.13 $125,512.78 9 $1,466,666.67 Police Motorcycles Unit number Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost 864-81 2007 $21,948.00 19.32 $1,088.54 $5,154.51 8 $43,000.00 864-82 2007 $21,948.00 45.94 $2,600.77 $5,932.75 8 $43,000.00 864-83 2007 $21,948.00 61.27 $3,573.99 $12,723.25 8 $43,000.00 864-84 2013 $42,454.56 1.2 $76.25 $697.58 2 $43,000.00 864-85 2013 $42,454.56 7.93 $503.87 $1,470.18 2 $43,000.00 Average 2009.4 $30,150.62 27.132 $1,568.68 $5,195.65 5.6 $43,000.00 Fleet Assets Fixed Assets Fleet Original Cost $22,026,846.08 Fleet Depreciated Value $9,967,424.71 Year Model Purchase Price Labor hours Labor Cost Total Maintenance Cost Years In Service Budget Replacement Cost Sedans 2007 $29,195.38 20.05 $1,071.48 $2,945.43 8.0 $34,000.00 Marked Police 2009 $40,283.64 67.57 $4,110.96 $9,446.92 6.1 $52,000.00 Unmarked Police 2005 $22,195.80 48.09 $2,713.31 $6,370.86 9.8 $35,000.00 1/2 Ton Pickups 2007 $16,479.00 29.74 $1,673.30 $5,356.22 8.0 $25,000.00 SUV, Escapes 2009 $25,044.60 17.06 $1,033.89 $2,690.62 6.2 $25,000.00 I Ton Utility Trucks 2006 $33,347.61 85.88 $4,718.52 $11,187.05 8.6 $45,400.00 Dump Trucks 2007 $57,188.83 107.70 $5,921.09 $14,326.26 8.5 $80,000.00 Mowers 2009 $20,855.90 68.09 $4,083.99 $8,040.10 6.5 $25,000.00 Golf Carts 2011 $6,890.00 13.47 $855.72 $1,770.09 4.0 $7,000.00 Backhoes 2007 $65,771.69 98.82 $5,390.25 $10,348.07 7.6 $73,800.00 Loaders 2002 $98,865.84 189.33 $9,627.34 $33,984.32 13.5 $192,500.00 Grader 1999 $123,514.00 174.32 $8,656.06 $33,672.15 16.0 $175,000.00 Vacuum Trucks 2005 $215,485.80 357.19 $20,009.72 $75,738.93 10.5 $280,000.00 Camera Truck 2011 $139,408.00 31.80 $1,997.02 $3,645.73 4.0 $150,000.00 Street Sweepers 2006 $125,781.20 409.92 $21,553.05 $65,522.11 9.0 $230,000.00 Electric Bucket Trucks 2008 $125,531.40 123.61 $7,062.23 $22,319.94 6.6 $162,000.00 Electric Digger Truck 1999 $165,000.00 548.81 $29,109.23 $79,195.95 16.0 $350,000.00 Boom/Crane Truck 2000 $142,000.00 295.19 $15,761.68 $50,619.01 15.0 $215,000.00 Fire Engines 2009 $338,894.20 9633.31 $12,898.97 $43,030.68 6.2 $446,000.00 Brush Trucks 1999 $112,980.33 440.28 $14,136.57 $53,066.12 16.3 $386,666.67 Ladder Trucks 2006 $630,477.36 547.48 $30,859.13 $125,512.78 9.0 $1,466,666.67 Police Motorcycles 2009 $30,150.62 27.13 $1,568.68 $5,195.65 5.6 $43,000.00 Averages Fleet Assets Sedans Marked Police Unmarked Police 1/2 Ton Pickups SUV, Escapes I Ton Utility Trucks Dump Trucks Mowers Golf Carts Backhoes Loaders Grader Vacuum Trucks Camera Truck Street Sweepers Electric Bucket Trucks Electric Digger Truck Boom/Crane Truck Fire Engines Brush Trucks Ladder Trucks Police Motorcycles Useful Life Adj. Factor Lifecycle Cost Cost/Useful Life Useful Life Adj. Factor Life Cycle Cost Cost/Useful Life Difference 10 1.25 $32,877.16 $3,287.72 11 1.38 $33,245.34 $3,022.30 $265.41 6 0.99 $49,619.42 $8,269.90 7 1.15 $51,175.38 $7,310.77 $959.13 9 0.92 $28,046.59 $3,116.29 10 1.02 $28,696.68 $2,869.67 $246.62 8 1.00 $21,835.22 $2,729.40 9 1.13 $22,504.75 $2,500.53 $228.88 8.5 1.37 $28,733.36 $3,380.39 9.5 1.53 $29,167.33 $3,070.24 $310.15 8.5 0.99 $44,404.58 $5,224.07 9.5 1.10 $45,705.40 $4,811.09 $412.97 12 1.41 $77,414.14 $6,451.18 13 1.53 $79,099.58 $6,084.58 $366.60 6.5 1.00 $28,896.00 $4,445.54 7.5 1.15 $30,132.93 $4,017.72 $427.81 5 1.25 $9,102.62 $1,820.52 6 1.50 $9,545.14 $1,590.86 $229.67 12 1.58 $82,110.75 $6,842.56 13 1.71 $83,472.34 $6,420.95 $421.61 12 0.89 $129,074.12 $10,756.18 13 0.96 $131,591.48 $10,122.42 $633.76 12 0.75 $148,768.11 $12,397.34 13 0.81 $150,872.62 $11,605.59 $791.76 8 0.76 $273,191.65 $34,148.96 9 0.86 $280,404.88 $31,156.10 $2,992.86 10 2.50 $148,522.33 $14,852.23 11 2.75 $149,433.76 $13,584.89 $1,267.35 10 1.11 $198,583.54 $19,858.35 11 1.22 $205,863.78 $18,714.89 $1,143.47 9 1.36 $155,967.68 $17,329.74 10 1.52 $159,349.49 $15,934.95 $1,394.79 9 0.56 $209,547.72 $23,283.08 10 0.63 $214,497.47 $21,449.75 $1,833.33 9 0.60 $172,371.41 $19,152.38 10 0.67 $175,746.01 $17,574.60 $1,577.78 10 1.61 $408,298.53 $40,829.85 11 1.77 $415,238.96 $37,749.00 $3,080.86 10 0.61 $145,469.79 $14,546.98 11 0.67 $148,718.74 $13,519.89 $1,027.09 10 1.11 $769,936.00 $76,993.60 11 1.22 $783,881.87 $71,261.99 $5,731.61 3 0.54 $32,934.01 $10,978.00 4 0.71 $33,861.81 $8,465.45 $2,512.55 Adjustment factor is used to bring the average maintenance cost up to the useful life Life cycle cost is the total maintenance cost times the adj. factor plus the purchase price Cost/useful life is the life cycle cost divided by the useful life Life Cycle Plus 1 YearLife Cycle City of Georgetown, Texas Government and Finance Advisory Board January 28, 2015 SUBJECT: Overview of the City’s Debt Program, including current outstanding and proposed debt obligations - Micki Rundell, Chief Financial Officer ITEM SUMMARY: FINANCIAL IMPACT: Each year in preparation for the annual bond issuance process, staff prepares an overview of the City’s current outstanding debt obligations, as well as, a preview of the upcoming bond issue that the Council will consider in April 2015. This presentation provides a background on the City’s debt management program, as well as, debt benchmark and comparison indicators. This overview will include Revenue Bonds related to the City’s utilities, as well as, both self-supporting and taxable general debt obligations. SUBMITTED BY: Micki Rundell, Chief Financial Officer ATTACHMENTS: Description Type Debt Presentation Cover Memo 1 City of Georgetown 2015 Debt Overview GGAF Meeting January 28, 2015 “Why” issue City debt? Population Growth Demands Stretches “pay as you go” resources – Impacts continued economic viability 2 Cost / Benefit of Debt Funding • Long-term debt funding considered for capital improvements when: – Useful life of asset exceeds any debt repayment – Future citizens are benefited • Maintains stability of City’s tax rate – Shorter term debt provides consistency for funding and replacement Impacts of Bond Ratings • Rating Agencies review financial and management conditions • Determine City’s “Credit Worthiness” • Impacts interest rates and cost of debt • City’s Current Bond Rating: –Standard & Poor’s – reviewed annually –AA+ General Obligation –AA Revenue –Just upgraded in 2014 –Moody’s –A2 General Obligation & Revenue – 3 Debt Type –General Obligation • Backed by City’s ability to “tax” for repayment of debt – Results in lower interest rates • General Obligation Bonds – Repaid through property taxes – Approved thru referendum by voters – Usually used for “large” or controversial items & projects • Significant impact to the tax payers • Usually amortized over 20 years Debt Type -Certificates of Obligation • Allowed under Texas State Law – Considered “routine” – Public Notice required • Generally considered “Tax Supported” • Majority - 20 year bonds – Maturities match life of asset • City issues self-supporting CO debt – City saves on interest cost by issuing CO debt rather than revenue bonds –Repaid through fees or rates 4 Other Types Tax Supported Debt • Limited Tax Notes – Previously used when market conditions are not favorable or as “bridge” financing – Doesn’t require “notice of intent” • Planned for Rivery Summit Project • Certificates of Participation – Usually 3 year notes – Typically used to fund equipment Debt Type-Revenue Bonds • Funds the City’s utility infrastructure – Issued on Electric/Water/Wastewater system • Currently 20 year bonds – level debt service – Repaid through system revenue • “Coverage” required – Number of times debt service can be divided into net operating revenues (before capital) • 1.35 times - bond covenants • 1.5 times - City Fiscal & Budgetary Policy 5 City’s Current Debt Outstanding GO/CO Debt Outstanding As of December 31, 2014: $ 103,056,309- Tax Supported Includes: • $14,570,000– 2004 Authorization –All issued • $23,100,000– 2008 Authorization –$30,400,000 authorized not issued - Roads – $28,000,000 authorized not issued – Parks • $29,500,000 – 2011 Authorization –All issued 6 Current Tax Rate Impacts “I & S” rate = $0.22662/per $100 Includes: • Certificates of Obligation = $0.11225 • Non-voter approved bonds – routine operations • General Obligation Bonds = $0.11437 • Voter approved bonds – Issued to date – 2004 Facilities = $0.032 /Contract w/voters = $0.0825 – 2008 Parks/Roads = $0.042 /Contract w/voters = $0.08 – 2011 Public Safety Training & Operations = $0.041 7 GO/CO Debt Payments General Debt Capacity • Allowable Levy - $1.50 per $100 valuation • Current levy - $0.22662 • Percentage of Allowable used – 15.11% 8 Self- Supporting GO/CO Debt Outstanding As of December 31, 2014: •$16,760,348- Self-supporting – $13,144,297 - GTEC – $3,012,205 – Stormwater Drainage – $603,847 – Airport CO/GO Debt – YE Historical Self-supported includes GTEC Fiscal Year Tax Supported Self-Supported 2004/05 $28,140,892 $20,675,095 2005/06 $37,583,855 $21,111,145 2006/07 $52,326,112 $21,068,888 2007/08 $54,293,528 $20,661,472 2008/09 $57,097,773 $25,692,525 2009/10 $68,987,618 $26,217,382 2010/11 $74,674,860 $25,135,140 2011/12 $97,392,121 $19,457,875 2012/13 $102,337,359 $17,892,426 2013/14 $103,056,309 $16,760,348 9 GO/CO Debt – Breakdown by Type Revenue Bonds • Outstanding balances as of December 31, 2013: –$30,278,048 - Electric Fund –$41,875,303 - Water Services Fund (W/WW) 10 Revenue Debt - YE Historical Fiscal Year Water Electric Services Services 2004/05 $30,195,976 $9,868,036 2005/06 $28,076,208 $17,808,792 2006/07 $27,268,155 $23,801,845 2007/08 $32,655,050 $24,624,950 2008/09 $30,359,178 $23,280,822 2009/10 $37,977,843 $24,882,157 2010/11 $35,511,352 $23,218,648 2011/12 $32,467,189 $26,582,814 2012/13 $31,941,806 $26,473,415 2013/14 $41,875,303 $30,278,048 Revenue Debt - Historical 11 City Debt Performance & Comparison Indicators Total Tax-Guaranteed Debt Per Capita (Includes Self-supporting Debt) 12 City Assets Net of Related Debt Debt to Assessed Valuation Comparison 13 Utility Revenue Bond Coverage Outstanding Utility Debt per Customer 14 Total Electric Debt Compared to Electric Assets Total Water Service Debt Compared to Water Service Assets 15 2015 Upcoming Debt Issues 2015 Budgeted Debt • Certificates Obligation - $3.8M Tax Supported – Downtown Projects: • Sidewalks on 11 th Street and 2nd Street • Grace Heritage Parking Lot purchase – Park Projects : • Williams Dr pool facilities rehab & other improvements – ADA compliance • San Jose Splash Pad – Airport improvements – Public safety equipment & vehicles • Provides matching funds for Early Warning System 16 2015 Budgeted Debt • Certificates Obligation - $3.7 Self-supported – Transitional Response Vehicles -2 • Repaid through SRF fee recovery revenue – Stormwater Drainage • Continue Smith Branch buy-out program – Westside Svc Center – Conservation Site • Repaid through conservation fees • General Obligation Bonds - $4.4M – 2008 Bond Authorization • Completes funding for FM1460 2014 Budgeted Debt • Revenue Bonds - $8M – Electric improvements • Solar Farms • Substation improvements – Water improvements • Shell Road Water line • Rabbit Hill Elevated Storage Tank – Wastewater improvements • Westinghouse improvements • Berry Creek Interceptor 17 For Consideration….Sizing the Issue Final bond total will be based upon: • Timing of projects to be funded • Projects that are delayed not included in bond issue • Finalized costs are known • Other funding sources identified – YE 2014 unexpected General Fund Excess FB • Estimated $475,000 available – Audit adjustments will be finalized – Western District unallocated ROI revenue – Estimated at $600K less approved 1-time expenses (CM) Will be discussed with Council on Feb 24 Next Steps: • Council authorizes SPFI to proceed with bond documents –Feb 24, 2015 • Council approves “NOTICE OF INTENT”to issue CO Debt –March 10, 2015 –“Not to Exceed” amount finalized • Offering documents finalized • Rating Agency presentation –late March • April 14 - Bond Sale – Council adopts Bond Ordinances • May 15 - Bond Closing –City receives bond proceeds