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HomeMy WebLinkAboutResolution 2019-095 Approving the Updated TOM Investment PolicyMARANA RESOLUTION NO. 2019-095 RELATING TO FINANCE; APPROVING THE UPDATE TO THE TOWN OF MARANA INVESTMENT POLICY WHEREAS the Town of Marana Investment Policy was adopted in February 2000 by Resolution No. 2000-17; and WHEREAS Town staff has proposed an update to the Investment Policy to modernize language and clarify requirements, to enhance the portfolio's diversification and yield, to better align the policy with peer cities and towns and Government Finance Officers Association best practices, and to take advantage of elements now allowed under Arizona Revised Statutes; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the updated Town of Marana Investment Policy attached as Exhibit A to this resolution is hereby adopted, and the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms and objectives of the updated policy. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1St day of October, 2019. ATTES Cherry L. LVS, n, Town Clerk 00065775.DOCX /1 Marana Resolution No. 2019-095 �P Mayor Ed Honea APPROVED AS TO FORM: Town AARANA AZ ESTABLISHED 1977 9/23/201910:50 AM MARANA AZ CELEBRATING 40 YEARS Investment Policy 10/1/2019 EXHIBIT A Contents I. Introduction............................................................................................................................ 3 II. Governing Authority.............................................................................................................. 3 III. Scope.................................................................................................................................. 3 IV. General Objectives...........................................................................................................3 A. Safety.................................................................................................................................. 3 B. Liquidity............................................................................................................................... 4 C. Yield..................................................................................................................................... 4 V. Standards of Care.................................................................................................................4 A. Prudence............................................................................................................................ 4 B. Ethics and Conflicts of Interest......................................................................................... 4 C. Delegation of Authority and Responsibilities................................................................. 4 1. Governing Body.............................................................................................................4 2. Investment Officers........................................................................................................ 5 3. Investment Adviser........................................................................................................ 5 VI. Authorized Financial Institutions, Broker/Dealers, and Depositories ...........................5 A. Authorized Financial Institutions.......................................................................................5 B. Broker/Dealers....................................................................................................................6 C. Depositories........................................................................................................................ 6 D. Competitive Transactions................................................................................................. 6 VII. Safekeeping and Custody...............................................................................................7 A. Delivery versus Payment................................................................................................... 7 B. Third -Party Safekeeping.................................................................................................... 7 C. Internal Controls.................................................................................................................7 VIII. Suitable and Authorized Investments.............................................................................7 A. Investment Types and Credit Guidelines....................................................................... 7 B. Investment Downgrade....................................................................................................8 C. Collateralization.................................................................................................................8 1. Authorized Collateral....................................................................................................8 2. Required Collateral.......................................................................................................9 IX. Investment Parameters.....................................................................................................9 A. Mitigating Credit Risk in the Portfolio.............................................................................. 9 Revised 10/01/2019 Page I of 13 1. Diversification ............................................ B. Mitigating Market Risk in the Portfolio........ X. Performance Evaluation ................................. XI. Reporting....................................................... A. Quarterly & Annual Report .......................... B. Annual Audit ................................................. XII. Policy Considerations ................................... A. Approval of Investment Policy .................... B Exem tion ............................................ I............... 9 .......................................................... 10 .......................................................... 11 .......................................................... 11 .......................................................... 11 .......................................................... 11 p........................................................................................ C. Annual Policy Review..................................................................... D. Amendments................................................................................... XIII. Glossary............................................................................................ Revised 10/01/2019 Page 2 of 13 ................................ 12 ................................ 12 ................................ 12 ................................ 12 ................................ 12 1-,� TOWN OF MARANA INVESTMENT POLICY I. Introduction The intent of the Investment Policy of the Town of Marana is to define the parameters within which funds are to be managed. In methods, procedures, and practices, the policy formalizes the framework for the Town of Marana investment activities that must be exercised to ensure effective and judicious fiscal and investment management of the Town of Marana funds. The guidelines are intended to be broad enough to allow the Investment Officer to function properly within the parameters of responsibility and authority, yet specific enough to adequately safeguard the investment assets. II. Governing Authority The investment program shall be operated in conformance with federal, state, and other legal requirements, including those outlined in Arizona Revised Statutes Title 35, Chapter 2, Article 2.1. III. Scope This policy applies to activities of the Town of Marana, including funds held in Trust by the Town, such as the Self -Insurance Trust funds, with regard to investing the financial assets of all funds. In addition, funds held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations established by the state of Arizona. The covered funds, and any new funds created by the Town of Marana, unless specifically exempted by the Town Council of the Town of Marana. and this policy, are defined in the Town of Marana Comprehensive Annual Financial Report. Except for funds in certain restricted and special funds, the Town of Marana commingles its funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping, and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. IV. General Objectives The primary objectives, in priority order, of investment activities shall be: A. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The goal will be to mitigate credit risk and interest rate risk through diversification of security types, issuers, and maturity dates. Revised 10/01/2019 Page 3 of 13 B. Liquidity The investment portfolio shall remain sufficiently liquid to ►Beet all operating cash requirements that may be reasonably anticipated. C. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints of safety and liquidity needs. V. Standards of Care A. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment Officers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. The "prudent person" standard states that, "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." B. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall adhere to the conflict of interest law set forth in A.R.S. Title §38-501 through §38-511 and shall refrain from personal activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. Disclosure shall be made to the governing body. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the Town of Marana. C. Delegation of Authority and Responsibilities 1. Governing Body The governing body (Town Council) will retain ultimate fiduciary responsibility for the portfolios. The governing body will receive quarterly reports, designate Investment Officers, and periodically review the Investment Policy, making any changes necessary by adoption. Revised 10/01/2019 Page 4 of 13 2. Investment Officers Authority to manage the investment program is granted to the Finance Director under the direction of the Town Manager, hereinafter referred to as Investment Officer, and gives the Investment Officer the right to delegate all or part of this investment authority. Responsibility for the operation of the investment program is hereby delegated to the Investment Officer who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this Investment Policy. Officers will prepare investment reports and other special reports as may be deemed necessary. All participants in the investment process shall seek to act responsibly as custodians of the public trust. No officer or designee may engage in an investment transaction except as provided under the terms of this policy and supporting procedures. 3. Investment Adviser The Town of Marana may engage the services of one or more external investment managers to assist in the management of the Town's investment portfolio in a manner consistent with the Town's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy and to use their own approved broker dealer list. Such managers must be registered under the Investment Advisers Act of 1940. VI. Authorized Financial Institutions, Broker/Dealers, and Depositories A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 150-1 (uniform net capital rule). A. Authorized Financial Institutions The Investment Officer shall determine which financial institutions are authorized to provide investment services to the Town of Marana. Institutions eligible to transact investment business with the Town of Marana include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and, 4. Direct issuers of securities eligible for purchase. Selection of financial institutions and broker/dealers authorized to engage in transactions with the Town of Marana shall be at the sole discretion of the Town of Marana. Revised 10/01/2019 Page 5 of 13 A periodic review of the financial condition and registration of all qualified financial institutions and broker/dealers will be conducted by the Investment Officer. B. Broker/Dealers All broker/dealers who desire to become qualified for investment transactions must supply the following: I. Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines 2. Proof of FINRA certification 3. Proof of state registration 4. Completed broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties) 5. Certification of having read and understood and agreeing to comply with the Town of Marana Investment Policy. 6. Evidence of adequate insurance coverage. If the Town of Marana uses the services of an investment advisor, then the advisor's approved broker/dealer list and process for monitoring may be used in place of the list above. C. Depositories All financial institutions who desire to become depositories must supply the following: 1. Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines 2. Proof of state registration 3. Evidence of adequate insurance coverage D. Competitive Transactions 1. The Investment Officer shall obtain competitive bid information on all purchases of investment instruments purchased on the secondary market. A competitive bid can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform. 2. If the Town is offered a security for which there is no readily available competitive offering on the same specific issue, then the Investment Officer shall document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price. If the Town hires an investment adviser to provide investment management services, the adviser must provide documentation of competitive pricing execution on each transaction. The investment adviser will retain documentation and provide upon request. Revised 10/01/2019 Page 6 of 13 VII. Safekeeping and Custody A. Delivery versus Payment All trades of marketable securities will be executed (cleared and settled) on a delivery versus payment (DVP) basis to ensure that securities are deposited in the Town of Marana safekeeping institution prior to the release of funds. S. Third -Party Safekeeping Securities will be held by an independent third -party safekeeping institution selected by the Town of Marana. All securities will be evidenced by safekeeping receipts in the Town of Marana name. The safekeeping institution shall annually provide a copy of its most recent report on internal controls—Service Organization Control Reports (formerly 70, or SAS 70) prepared in accordance with the Statement on Standards for Attestation Engagements (SSAE) No. 16. C. Internal Controls Management is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Town of Marana are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgments by management. The internal controls shall address the following points at a minimum: 1. Control of collusion; 2. Separation of transaction authority from accounting and recordkeeping; 3. Custodial safekeeping; 4. Clear delegation of authority to subordinate staff members; 5. Written confirmation of transactions for investments and wire transfers; 6. Dual authorizations of wire transfers; 7. Staff training; and, 8. Review, maintenance and monitoring of security procedures both manual and automated. The external auditor shall provide an annual independent review to assure compliance with state law, policies, and procedures. VIII. Suitable and Authorized Investments A. Investment Types and Credit Guidelines The following investments will be permitted by this policy and are those defined by state and local law where applicable. If additional types of securities are approved for investment by public funds by state statute, they will not be eligible for investment by the Town of Marana until this Policy has been amended and the amended version adopted by the governing body. Permitted securities include: Revised 10/01/2019 Page 7 of 13 I . U.S. Treasury and other government obligations that carry the full faith and credit guarantee of the United States for the payment of principal and interest; 2. Federal Agency or U.S. government sponsored enterprises (GSE) obligations, issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities.; 3. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that the amount per institution is limited to the maximum covered under federal insurance; 4. Time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with state law; 5. Negotiable certificates of deposit (NCDs) issued by a nationally or state-chartered Tank or savings and loan association. Securities must be rated in the highest short- term or three highest long-term ratings categories by a NRSRO: A-1/P-1, A-/A3, or equivalent; 6. Commercial paper rated in the highest tier (e.g., A 1, P1, Fl, or higher) by a NRSRO. All commercial paper must be issued by corporations organized and doing business in the United States; 7. Fully collateralized repurchase agreements collateralized in compliance with this Policy, governed by a S1FMA Master Repurchase Agreement, and with a maximum maturity of one hundred eighty days. Capital project funds may be invested in a single flex repurchase agreement with a maximum stated maturity that shall be matched to the expenditure plan; 8. Bonds, debentures, notes or other evidences of indebtedness that are denominated in United States dollars and carry at a minimum an "AA-" the equivalent or better rating, at the time of purchase, from at least two NRSROs. 9. Bonds or other evidences of indebtedness of this state, county or incorporated cities, towns, or school districts which carry as a minimum "AA-" rating or its equivalent by a NRSRO; 10. SEC registered money market mutual funds, Funds must have the highest fund rating by all NRSROs who rate the fund (e.j!., AAAm/Aaa-mf, or the equivalent); and, 11. Local government investment pools established by the state treasurer pursuant to A.R.S §35-326. B. Investment Downgrade If the credit rating of a security is subsequently downgraded below the minimum rating level for a new investment of that security, the Investment Officer shall evaluate the downgrade on a case-by-case basis in order to determine if the security should be held or sold. The Investment Officer will apply the general objectives of safety, liquidity, yield, and legality to make the decision. C. Collateralization Where allowed or required by state law and in accordance with state law, full collateralization will be required on all demand deposit accounts, including checking accounts and negotiable and non-negotiable certificates of deposit. 1. Authorized Collateral Acceptable collateral for bank deposits and repurchase agreements shall include only: Revised 10/01/2019 Page 8 of 13 a) A bond executed by a surety company that is approved by the treasury department of the United States and authorized to do business in this state. The bond shall be approved as to form by the legal advisor of the treasurer. b) Securities or instruments of the following character: (1) Obligations of the U.S. Government, its agencies and GSEs, (2) Obligations of any state, city, county, or authority rated at least "AA-" by two nationally recognized statistical rating organizations. 2. Required Collateral Per the statutory requirements of ARS § 35-323, collateral of at least 102% of the deposit amount in excess of federally insured limits must be delivered to the Collateral Agent prior to the settlement of funds. IX. Investment Parameters A. Mitigating Credit Risk in the Portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Town of Marana shall mitigate credit risk by adopting the following: Diversi ication It is the policy of the Town of Marana to diversify its investment portfolios. To eliminate risk of loss resulting from the over -concentration of assets in a specific maturity, issuer, or class of securities, assets in all Town of Marana funds shall be diversified by maturity, issuer, and class of security. Diversification strategies shall be determined and revised periodically by the Investment Officer for all funds. Revised 10/01/2019 Page 9 of 13 Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type. Securities need not be liquidated to realign the portfolio; however, consideration should be given to this matter when future purchases are made to ensure that appropriate diversification is maintained. B. Mitigating Market Risk in the Portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The Town of Marana recognizes that, over time, longer-term/core portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The Town of Marana shall mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes. The Town of Marana further recognizes that certain types of securities, including variable rate securities, securities with principal pay downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The Town of Marana, therefore, adopts the following strategies to control and mitigate its exposure to market risk: 1. The Town of Marana shall maintain a minimum of three months of budgeted operating expenditures in short-term investments to provide sufficient liquidity for expected disbursements; Revised 10/01/2019 Page 10 of 13 2. The maximum percent of callable securities in the portfolio shall be 15%; 3. The maximum stated final maturity of individual securities in the portfolio shall be five years; 4. Liquidity funds will be held in the State Pool or in money market instruments maturing one year and shorter; 5. Longer term/Core funds will be defined as the funds in excess of liquidity requirements. The investments in this portion of the portfolio will have maturities between one day and five years and will be only be invested in higher quality and liquid securities; and, 6. The duration of the portfolio shall at all times be approximately equal to the duration (plus or minus 10%) of a Market Benchmark Index selected by the Town of Marana based on the Town of Marana investment objectives, constraints and risk tolerances. The Town's current Benchmark shall be documented in an agreement. i) Due to fluctuations in the aggregate surplus funds balance, maximum percentages for a particular issuer or investment type may be exceeded at a point in time subsequent to the purchase of a particular issuer or investment type. Securities need not be liquidated to realign the portfolio; however, consideration should be given to this matter when future purchases are made. X. Performance Evaluation The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. A series of appropriate benchmarks shall be established against which portfolio performance shall be compared on a regular basis. The benchmarks shall be reflective of the actual securities being purchased and risks undertaken and the benchmarks shall have a similar weighted average maturity and credit profile as the portfolio. Return comparisons of the portfolio to the market benchmark will be calculated on a monthly basis. When comparing the performance of the Town's portfolio, all fees and expenses involved with managing the portfolio shall be included in the computation of the portfolio's rate of return. XI. Reporting A. Quarterly & Annual Report The Investment Officer shall submit quarterly and annual reports to the Town Manager and Town Council showing the make-up of the investment portfolio and return for the period. The report should also contain sufficient information to permit an informed outside reader to evaluate the compliance of the investment program with this policy. Internal investment reports will be produced on a monthly basis B. Annual Audit Management shall establish an annual process of independent review by the external auditor to assure compliance with internal controls. Such audit will include tests deemed appropriate by the auditor. Revised 10/01/2019 Page I I of 13 XII. Policy Considerations A. Approval of Investment Policy The Investment Policy and any modifications to the policy shall be formally approved and adopted by the Town Council of the Town of Marana B. Exemption Any investment currently held that does not meet the guidelines of this policy shall be temporarily exempted from the requirements of this policy. Investments must come in conformance with the policy within six months of the policy's adoption or the governing body must be presented with a plan through which investments will come into conformance. C. Annual Policy Review The Investment Policy shall be reviewed at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. D. Amendments Any changes to this policy must be approved by the Investment Officer and any other appropriate authority, as well as the individuals charged with maintaining internal controls. Revised 10/01/2019 Page 12 of 13 XIII. Glossary US Treasury Obligation Direct obligations of the United States Treasury whose payment is guaranteed by the United States. (State Statute Note) GSE – Agency Obligations US Government Agencies, Government Sponsored Enterprises (GSEs), Corporations or Instrumentalities of the US Government—Federal Instrumentality Securities include, but are not limited to, Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Banks (FHLB), and the Federal Farm Credit Bureau (FFCB). (State Statute) Commercial Paper Commercial Paper that is rated A I/PI and has long-term bonds which have a minimum rating of AA- by Standard and Poor's and Aa3 by Moody's. Repurchase Agreements An agreement with an approved broker/dealer that provides for sell and simultaneous purchase of an allowable collateral security. The difference in the sales and purchase price is the earning rate on the agreement. A master repurchase agreement must be in place with the approved broker/dealer. Corporate Indebtedness Corporate Indebtedness that has a minimum long-term debt rating of A- rated by Standard and Poor's and a A3 rating by Moody's or equivalent rating by any nationally recognized statistical rating organization. Local Government Investment Pool State treasurer's local short-term investment fund up to the statutory limit per state statute Certificates of Deposit/Bank Deposit/Savings Accounts Time deposit open accounts, certificates of deposit, and savings accounts in insured institutions as defined in State Statute, in credit unions as defined in State statute or in federal credit unions, if the institution or credit union maintains a head office or a branch in this state. [State Statute lawfully issued debt obligations of the agencies and instrumentalities of the State of Arizona and its political subdivisions that have a long- term rating of A- or an equivalent rating or better or are rated on the settlement date in the highest category for short-term municipal debt by a nationally recognized statistical rating organization.] Revised 10/01/2019 Page 13 of 13