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HomeMy WebLinkAbout09-02-2014 C12 Investment Advisor Services RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Wayne Padilla, Finance Director SUBJECT: REQUEST FOR PROPOSAL (RFP) DOCUMENTS FOR INVESTMENT ADVISOR SERVICES RECOMMENDATION Approve the RFP documents for investment advisor services and authorize their release. DISCUSSION Background The city entered into an agreement with Chandler Asset Management for investment management services in November 2007. That agreement had an original term of three years and was extended by the City Council through November 26, 2014. In advance of that date, staff is seeking the City Council’s authorization to release a RFP with the requirements shown below. If approved, the RFP will be published on the city’s website and distributed to the San Luis Obispo Chamber of Commerce to be shared with their membership. Scope of Services Specific services, although not all-inclusive, are to be performed as follows: 1. Manage the City’s portfolio in a fiduciary capacity with input from the City Treasurer regarding the timing and identification of investments to be redeemed and purchased 2. Execute trades in accordance with the City’s investment policy 3. Assist the City with maturity analysis 4. Provide credit analysis of investment instruments in portfolio 5. Provide monthly/quarterly/annual reporting on all government entity funds including market valuations and detailed holding reports 6. Attend quarterly meetings with City staff and Investment Oversight Committee and occasional City Council meetings 7. Evaluate market risk and develop strategies that minimize the impact on the portfolio 8. Provide assurance of portfolio compliance with applicable policies and laws and the City’s Investment Policy 9. Establish an appropriate performance benchmark 10. Indicate full understanding of Investment Policy and recommend changes as appropriate 11. Ensure the portfolio structure matches City objectives FISCAL IMPACT There is no direct fiscal impact resulting from the requested action. 9/2/2014 C12 C12 - 1 Investment Advisory Services RFP Page 2 ALTERNATIVES Do not approve the release of the RFP and approve an additional extension of the agreement with Chandler Asset Management (CAM). This option is available to the City Council based on the performance of CAM which has been exemplary to this point. ATTACHMENT 1. RFP T:\Council Agenda Reports\2014\2014-09-02\Investment Advisor RFP\investment advisor RFP-CAR.docx C12 - 2 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for INVESTMENT ADVISOR SERVICES Specification No. 91337 The City of San Luis Obispo is requesting proposals for investment advisor services pursuant to Specification No. 91337. All proposals must be received by the City Clerk by 3:00 pm on Friday, October 3, 2014 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the City Clerk in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. An optional pre-proposal teleconference is tentatively scheduled for 1:15 pm on Monday, September 15, 2015 to answer any questions that the prospective bidders may have regarding the City's request for proposals. Proposers interested in participating in the pre-proposal teleconference should contact Wayne Padilla, Director of Finance and Information Technology at wpadilla@slocity.org or (805) 781- 7125 to receive a conference line phone number and password and to confirm the date and time. Finalist interviews have been tentatively scheduled for Thursday, October 23, 2014. Specification packages and additional information may be obtained on the City of San Luis Obispo’s website http://www.slocity.org/finance/bids.asp or by contacting Wayne Padilla, Director of Finance & Information Technology at wpadilla@slocity.org or (805) 781-7125 Attachment 1 C12 - 3 Specification No. 91337 TABLE OF CONTENTS A. Description of Work 1 Overview Upcoming Financings About the City City Finances Investment Advisor Services B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 9 Contract Term References Proposal Content Proposal Length and Copies Proposal Evaluation and Selection Proposal Review and Award Schedule Pre-proposal Conference Release of Reports and Information Copies of Reports and Information Non-Exclusive Contract D. Sample Form of Agreement 14 E. Insurance Requirements 16 F. Proposal Submittal Forms 18 Proposal Submittal Summary References Attachment 1 C12 - 4 Section A DESCRIPTION OF WORK Overview The City is requesting proposals for investment advisor services for a 5-year term, with an option to renew for an additional two years. It is the City’s policy to establish a long-term, ongoing relationship with our investment advisor, under which advice is available at all times as needed. At the end of a contract’s term, it is the city’s policy to seek formal proposals to ensure that it continues to receive quality professional services at the best competitive price. Our current investment advisor is Chandler Asset Management and they have been invited to submit a proposal. About the City’s Portfolio The City's primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default. Although the generation of revenues through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City's yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk. In determining individual investment placements, the following factors shall be considered in priority order: 1. Safety 2. Liquidity 3. Yield. The City’s current portfolio under outside management is valued at approximately $45 million and consists of a combination of U.S. Treasury, Agency, and corporate debt. The portfolio is indexed to the Merrill Lynch 0-5 Year U.S. Treasury Bond Index. (the most recent investment report is provided as an attachment) The City’s investment policy is currently under review and the amount of the portfolio remaining under the direction of an outside manager may change as the result of policy changes that may be made at a later date. A copy of the City’s current investment policy is also provided as an attachment. The city uses Bank of New York Mellon as the custodial trustee to maintain custody of certain investments and to provide valuation services for the portfolio, independent of the asset manager. About the City Detailed information about the City and its organization is available on our web site at www.slocity.org. - 1 - Attachment 1 C12 - 5 Section A DESCRIPTION OF WORK Oversight of the city’s investment activities is provided by the City Treasurer, who also serves as the Finance Director/Director of Information Technology. The city maintains an Investment Oversight Committee which meets quarterly to review the transactions that have occurred within the portfolio and to confirm that the portfolio has been managed in accordance the requirements of the city’s investment policy. City Finances Detailed information about the City’s finances and key fiscal policies are also available on our web site. The 2013-2015 Financial Plan and the Financial Plan Supplement along with the 2012-13 fiscal year Comprehensive Annual Financial Report are the key source documents for this information. These documents are available on the City’s web site at: www.slocity.org/finance/budget.asp and http://www.slocity.org/finance/reports.asp Investment Advisor Services The investment advisor services requested include but are not limited to the following: 1. Manage the City’s portfolio in a fiduciary capacity with discretionary authority 2. Execute trades in accordance with the City’s investment policy and upon authorization from the City Treasurer or their designee regarding the timing and identification of investments to be redeemed and purchase 3. Assist the City with maturity analysis 4. Provide credit analysis of investment instruments in portfolio 5. Provide monthly/quarterly/annual reporting on all government entity funds including market values and a detailed listing of investments held in the portfolio at each reporting interval 6. Attend quarterly meetings with City staff and Investment Oversight Committee and occasional City Council meetings 7. Evaluate market risk and develop strategies that minimize the impact on the portfolio 8. Provide assurance of portfolio compliance with applicable policies and laws and the city’s Investment Policy 9. Establish an appropriate performance benchmark when necessary 10. Indicate full understanding of Investment Policy and recommend changes as appropriate 11. Ensure portfolio structure matches City objectives - 2 - Attachment 1 C12 - 6 Section A DESCRIPTION OF WORK 12. Forecast annual earnings from the portfolio for the city’s use in budget planning Firm shall not have custody or possession of the funds or securities that the City has placed under its management. The city utilizes Bank of New York Mellon as the trustee for the investment portfolio. - 3 - Attachment 1 C12 - 7 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted in the format described in the RFP specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be received by the City Clerk no later than 3:00 p.m. on Friday, October 3, 2014. The submittal package shall include 6 (six) hardcopy versions and a thumb drive containing electronic versions of the documents provided in hardcopy form. Each electronic document provided on the thumb drive shall be properly labeled with regard to the order in which it appears in print. The exterior of the submittal package shall be clearly labeled with the words “Investment Advisor Services proposer name, and time and date of the proposal opening and Spec. #91337.” No FAX submittals will be accepted. It is the responsibility of each firm submitting a proposal to ensure that the electronic document(s) submitted are protected to ensure that no changes can be made to the submittal once it is in the possession of the city. Attention to the details required by the submittal process will be part of the overall evaluation and scoring. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 11 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except as part of an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a proposer submitting a proposal, or who has quoted - 4 - Attachment 1 C12 - 8 Section B GENERAL TERMS AND CONDITIONS prices on materials or services to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted, if directed to the Director of Finance and Information Technology, Wayne Padilla. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 1. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 90 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 2. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 3. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 4. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 5. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 1. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 2. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. - 5 - Attachment 1 C12 - 9 Section B GENERAL TERMS AND CONDITIONS 3. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 4. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 5. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 6. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 7. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 8. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 9. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 10. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 11. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). Payment may be made from proceeds of the debt issuance if this - 6 - Attachment 1 C12 - 10 Section B GENERAL TERMS AND CONDITIONS is customary for the type of financing, but only upon the acceptance and approval by the city of an original invoice identifying the basis for the fees charged. 12. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 13. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 14. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 15. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 16. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 17. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. (The City may also terminate the contract for convenience or financial necessity upon giving Contractor 30 days written notice of such action.) If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may - 7 - Attachment 1 C12 - 11 Section B GENERAL TERMS AND CONDITIONS terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. - 8 - Attachment 1 C12 - 12 Section C SPECIAL TERMS AND CONDITIONS 1. Contract Term. The term of the contract shall be for a period of 5 (five) years at which time the performance of the firm will be evaluated. Upon mutual agreement at that time, the contract may be extended by the City Administrative Officer for a period of up to two years. 2. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal cover letter. (item 1 in submittal) b. Certificate of insurance. (item 5 in submittal) c. References from at least three California municipalities for whom you have provided similar services within the past 2 (two) years. (item 4 in submittal) Note: For ease of proposal preparation, proposers are asked to prepare their own proposal submittal forms as long as they contain the information requested below, in the same order that each item is listed here. . Qualifications (item 2 in submittal) a. General qualifications of your firm to serve as an investment advisor in California. b. Experience as financial advisor to cities where services are provided on an ongoing basis. c. Experience in providing similar services required by the City to comparable California cities. d. Description of particular and interesting issues, problems or complications that arose in previous investment advisor experiences, and how these were resolved or disposed of. e. Resumes and responsibilities of the individuals who would be assigned to work with the City, there home office location, and if possible, identification of who would be the City’s lead contact. f. Any other information that would assist us in making this contract award decision. Compensation (item 6 in submittal) a. Provide your firm’s philosophy for assessing fees, the basis upon which fees are charged and the proposed amount of fees to be charged during the term of this agreement. It is assumed that the fees charged will be indexed to the amount of investments being managed and may be assessed in layers – i.e. ( x% of the first $25 million; x% of the next $25 million; etc.) - 9 - Attachment 1 C12 - 13 Section C SPECIAL TERMS AND CONDITIONS Statement of Litigation, Investigations, Conflicts of Interest and Disqualifications (item 3 in submittal) a. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a similar scope of work. b. Any instances within the past 24 months when your firm (and/or any of its principals) was the subject of any investigation relating to the municipal securities industry by the SEC, NASD, NYSE or any other state or federal organization that oversees, regulates, licenses or is otherwise responsible for the municipal securities industry. c. Any instances within the past 24 months when your firm (and/or any of its principals) was involved in any litigation, arbitration, disciplinary or other actions arising from the firm’s role in issuing municipal securities. d. Any relationship between your firm and any other non-affiliated firm(s) or individuals involving any compensation arrangement that may be associated with your possible engagement to assist the City with investment advisor services. e. One small bag of regular M&Ms for each proposal reviewer. Specific Responses to be Provided- Please restate the question and provide a response a. Are you an SEC Registered Investment Adviser registered under the Investment Advisers Act of 1940? b. What is the sector distribution of all the portfolios your firm manages? c. What is the distribution of credit ratings among all of your portfolios? d. What procedures does your firm have in place to address the potential or actual credit downgrade of an issuer and to disclose and advise a client of the situation? e. Describe your firm’s investment philosophy and investment decision-making process; f. Describe how your firm provides internal oversight of the portfolio manager(s) involved with the account. Indicate who provides this oversight and state their qualifications. Please provide their resume. g. Have you ever had a security you purchased for a client downgraded below the minimum credit rating for purchase while held by the client? Describe the situation and results. h. Have any of your clients experienced principal losses as a result of defaulting corporate obligations purchased and managed by your firm? Describe the situation and results. i. Have you ever had to submit to arbitration? Describe the situation and results. - 10 - Attachment 1 C12 - 14 Section C SPECIAL TERMS AND CONDITIONS j. Have any federal or state regulators censured you or other members of your firm? Describe the situation and results. k. What other services does your firm provide outside of the “Scope of Services” described in the RFP? l. Has your firm ever signed a consent decree or pled “no contest” to a criminal matter involving securities regulation? Describe the situation and results. m. Will you pay a “finder’s fee” or other compensation to any person if our agency selects your firm to provide investment services? 3. Proposal Length Format and Copies. Proposals should meet the following guidelines. a. Proposals should not exceed 25 pages, including attachments and supplemental materials. The proposal should be prepared simply and economically, providing a straightforward, concise presentation of the information requested. Please keep marketing material to a minimum and emphasize factual material. b. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches. c. Six (6) copies of the proposal must be submitted. Along with a write protected electronic version on a thumb drive. 4. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City b. Quality, clarity and responsiveness of the proposal, including attention to form submittal requirement details c. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services for comparable cities e. Adequacy of internal oversight of investment planning and transaction execution f. References g. Background and related experience of the specific individuals to be assigned to this work h. Proposed compensation As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected financial advisor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. - 11 - Attachment 1 C12 - 15 Section C SPECIAL TERMS AND CONDITIONS City Review Committee Members Wayne Padilla, Director of Finance & Information Technology Katie Lichtig, City Manager Vilma Warner, Financial Operations Manager Michael Codron, Assistant City Manager Jan Howell-Marx, Mayor Steve Barasch 5. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 9/03/14 b. Conduct pre-proposal teleconference 9/15/14 c. Receive proposals 10/03/14 d. Complete proposal evaluation 10/16/14 e. Conduct finalist interviews 10/23/14 f. Finalize award recommendation 11/06/14 g. Execute contract 11/19/14 6. Pre-Proposal Teleconference. To answer any questions that prospective proposers may have regarding this RFP, an optional pre-proposal teleconference is tentatively scheduled for: Monday, September 15, 2014 1:15 PM While not mandatory, proposers are strongly encouraged to participate in this teleconference. Proposers interested in participating in the pre-proposal teleconference should contact Wayne Padilla, Finance Manager at (805) 781-7125 or wpadilla@slocity.org to receive a phone number and password and to confirm the date and time. 7. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the firm as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the firm without the prior written approval of the City. 8. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the firm is required to furnish in limited quantities as part of the work or services under these specifications, the firm shall provide such additional copies as are requested, and City shall compensate the firm for the costs of duplicating of such copies at the firm's direct expense. 9. Non-Exclusive Contract. The City reserves the right to contract with other financial advisor firms during the contract term. - 12 - Attachment 1 C12 - 16 Section C SPECIAL TERMS AND CONDITIONS 10. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is preparation for and attendance at one quarterly meeting with the Investment Oversight Committee. Infrequently, additional meetings may be scheduled that require on- site attendance. Staff will attempt to utilize teleconferences to address other matters as much as possible. - 13 - Attachment 1 C12 - 17 Section D SAMPLE FORM OF AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _________________________, 2014, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [ ], hereinafter referred to as Investment Advisor. W I T N E S S E T H: WHEREAS, on Septemb er 3, 2014, City requested proposals for financial advisor services per Specification No. 91337. WHEREAS, pursuant to said request, Investment Advisor submitted a proposal, which was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be for a period of 5 years, from the date this Agreement is made and entered, as first written above. This agreement may be extended by mutual written concurrence of both parties for an additional period of up to two (2) years. 2. INCORPORATION BY REFERENCE. City Request for Proposal Document for Specification No. 91337 and Investment Advisor’s proposal dated _________________, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Investment Advisor shall receive therefore compensation as set forth in Exhibit A of this Agreement. 4. FINANCIAL ADVISOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Investment advisor agrees with City to do everything required by this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. - 14 - Attachment 1 C12 - 18 Section D SAMPLE FORM OF AGREEMENT 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Investment Advisor [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Investment Advisor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: Investment Advisor By: City Attorney - 15 - Attachment 1 C12 - 19 Section E INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $10,000,000 per occurrence. 5. Crime/Theft $5,000,000 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. - 16 - Attachment 1 C12 - 20 Section E INSURANCE REQUIREMENTS 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. - 17 - Attachment 1 C12 - 21 PROPOSAL SUBMITTAL FORM Financial Advisor Services The authorized representative identified below declares that she or he: 1. Has carefully examined Specification No. 91337, which is hereby made a part of this proposal. 2. Is thoroughly familiar with its contents. 3. Is authorized to represent the proposing firm. 4. Agrees to perform the work as set forth in this proposal. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Authorized Representative Date - 18 - Attachment 1 C12 - 22 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the work completed for 3 (three) California clients within the last 2 years that demonstrate your ability to provide the services required by the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Below, please provide current contact information for each of these three clients. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome - 19 - Attachment 1 C12 - 23 Quarterly Investment Report As of June 30, 2014 July 31, 2014 This report presents the City’s investment portfolio for the quarter ending June 30, 2014. It has been prepared to comply with regulations contained in California Government Code Section 53646. The report includes all investments managed by the City on its own behalf as well as for other third party agencies on a fiduciary basis such as the Whale Rock Commission. It also includes all City-related investments held by trustees for bond debt service obligations. As required, the report provides information on the investment type, issuer, maturity date, cost, and current market value for each security. The investment objectives of the City of San Luis Obispo are first, to provide safety of principal to ensure the preservation of capital in the overall portfolio; second, to provide sufficient liquidity to meet all operating requirements; and third, to earn a commensurate rate of return consistent with the constraints imposed by the safety and liquidity objectives. The City follows the practice of pooling cash and investments for all funds under its direct control. Funds held by outside fiscal agents under provisions of bond indentures are maintained separately. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. Interest earned from cash and investments with fiscal agents is credited directly to the related accounts. It is common for governments to pool the cash and investments of various funds to improve investment performance. By pooling funds, the city is able to benefit from economies of scale, diversification, liquidity, and ease of administration. The City uses the services of an investment advisor, Chandler Asset Management, to manage a portion of the City’s portfolio. The City’s strategy is to retain approximately 20% of the portfolio to manage our day-to- day cash flow needs, while Chandler’s focus is on longer-term investment management. In addition, the City has retained direct control of several investments that had been acquired before Chandler became involved with the portfolio. All investments are held by the City in a safe keeping account with Bank of New York, except for investments held by trustees related to bond financings, which are held by US Bank. Investment Portfolio by Fund The City’s cash and investment portfolio represents money from all City funds, including the General Fund, enterprise funds, capital projects funds, and other funds which are restricted to specific purposes. In general, monies held by the city are either allocated by the City Council for spending or are purposefully retained in reserve. For example, the money in the Capital Outlay Fund has been identified to provide particular capital projects for the community and there is a plan for spending down the cash balance as the projects progress. In the General Fund, about $10 million is purposely held in reserve to meet the City’s reserve policy of 20% of operating expenditures. San Luis Obispo City of 1 Attachment 1 C12 - 24 Quarterly Investment Report Current Portfolio Summary The following is a summary of the City’s cash and investments based on market value as of June 30, 2014 compared with the prior quarter: March 31, 2014June 30, 2014 Percent of Portfolio Cash and investments held by the City 45,502,347 42,321,811 45.99% Cash and investments managed by Chandler 44,986,057 45,089,323 49.00% Cash and investments held by trustees 4,624,396 4,604,238 5.00% TOTAL 95,112,799$ 92,015,372 100% There are a number of factors which result in changes in cash and investment balances from month to month and quarter to quarter. Often they are the result of the receipt of revenues or a large disbursement. Some major City revenues are received on a periodic rather than a monthly basis. Property Tax, for example, is received in December, January, April and May of each year. Other revenues, such as Transient Occupancy Tax, are received monthly but vary considerably because they are seasonal. On the disbursement side, payments for bonded indebtedness or large capital projects can reduce the portfolio substantially in the quarter that they occur. Significant fluctuations of this type will be discussed in the following section of this report. Securities in the City’s portfolio are priced by IDC, an independent pricing service at the end of every month. In some cases, the City may have investments with a current market value that is greater or less than the recorded value. These changes in market value are due to fluctuations in the marketplace having no effect on yield, as the City does not intend to sell securities prior to maturity. Nevertheless, these market changes will impact the total value of the portfolio as reported. For June 30, 2014 the market value of the portfolio was $10,158 higher than the cost basis. The portfolio’s yield on a market basis as of June 30, 2014 was 0.39%, and the yield on a cost basis was 0.83%. (These amounts do not reflect the returns on the assets held by the bond trustee.) As of June 30, 2014, the investment portfolio was in compliance with all State laws, the City's Statement of Investment Policy and the City’s Investment Management Plan. Summary of Activity for the Quarter and Future Liquidity The overall value of cash and investments decreased this quarter as large year-end cash disbursements were made to prepay the upcoming fiscal year insurance premiums and also to prepay a portion of the unfunded liability owed to the California Public Employees Retirement System (CalPERS). Cash receipts and disbursements are generally consistent with past trends for the quarter, excluding the $935,000 prepayment made to CalPERS. The cash management program contains enough liquidity to meet the next six months of expected expenditures by the City as well as by related parties, such as the Whale Rock Commission. Report Contents and Distribution. This report includes the following four schedules on the City’s portfolio as of June 30, 2014: summary of investments held or managed by the City, trustees or Chandler; summary of investment portfolio liquidity; investment details; and detail of holdings for each investment. These schedules have not yet been reviewed by the City’s independent auditor. If you have any questions concerning this report, or require additional information, contact Wayne Padilla, Director of Finance at (805) 781-7125. 2 Attachment 1 C12 - 25 Quarterly Investment Report DISTRIBUTION LIST City Council Jan Howell Marx, Mayor Carlyn Christianson, Vice-Mayor John Ashbaugh, Council Member Kathy Smith, Council Member Dan Carpenter, Council Member Investment Oversight Committee Jan Howell Marx, Mayor Wayne Padilla, Director of Finance & Information Technology Michael Codron, Assistant City Manager Katie Lichtig, City Manager Vilma Warner, Finance Operations Manager Steven Barasch, Public Member Independent Auditor Allen E. Eschenbach, Glenn Burdette Attest Corporation Chandler Asset Management Nicole Dragoo, COO/Chief Compliance Officer Ted Piorkowski, VP/Portfolio Manager Jayson Schmitt, VP/Portfolio Manager 3 Attachment 1 C12 - 26 CITY OF SAN LUIS OBISPO SUMMARY OF INVESTMENTS As of June 30, 2014 Percent of Current Market Portfolio Yield Value Local Agency Investment Funds 83%0.22%35,184,297.10 Certificate of Deposit 2%0.27%1,000,000.00 Money Market Account 2%0.21%1,005,755.92 Checking Account 9%0.25%3,987,028.00 Treasury Issues 3%9.25%1,144,730.00 Total Investments Held by the City 100%0.46%$42,321,811.02 Percent of Current Market Portfolio Yield Value Federal Agency Issues 65%1.32%29,481,641.63 Money Market Fund 0%0.00%18,612.50 US Corporate Notes 14%0.95%6,276,738.39 Treasury Issues 21%1.05%9,312,330.48 Total Investments Managed by Chandler Asset Management 100%1.21%$45,089,323.00 Percent of Current Market Trustee Portfolio Yield Value First American Treasury Funds 17.91%0.00%824,767.69 Other Money Market Accounts 0.05%0.03%2,252.49 Certificate of Deposit 0.00%3.41%0.00 Guaranteed Investment Contracts 44.22%Varies 2,036,161.25 Federal Agency Issues 9.34%4.99%429,939.90 Treasury Issues 28.48%Varies 1,311,117.18 Total Investments Held by Trustees 100%$4,604,238.51 Total of all Investments--Market Value $92,015,372.53 INVESTMENTS HELD AND MANAGED BY THE CITY INVESTMENTS OF THE CITY MANAGED BY CHANDLER ASSET MANAGEMENT INVESTMENTS OF THE CITY HELD BY TRUSTEES FOR BOND DEBT SERVICE OBLIGATIONS TOTAL CASH AND INVESTMENTS 4 Attachment 1 C12 - 27 CITY OF SAN LUIS OBISPO SUMMARY OF INVESTMENT PORTFOLIO LIQUIDITY As of June 30, 2014 Managed Managed Percent of Market by City by Chandler Portfolio Value On Demand 40,177,081.02 18,612.50 46%40,195,693.52 Within Three Months 0.00 3,411,448.65 4%3,411,448.65 Within Six Months 1,000,000.00 2,173,199.95 4%3,173,199.95 Within One Year 4,902,931.92 6%4,902,931.92 Within One to Five Years 1,144,730.00 34,583,129.98 41%35,727,859.98 Over Five Years 0%0.00 TOTAL 42,321,811.02 45,089,323.00 100%$87,411,134.02 Percent of Market Portfolio Value On Demand 18%827,020.18 Within Six Months 0%0.00 Six Months to One Year 0%0.00 Within One to Five Years 9%429,939.90 Over Five Years 73%3,347,278.43 TOTAL 100%$4,604,238.51 Total of all Investments--Market Value $92,015,372.53 INVESTMENTS HELD BY THE CITY AND THOSE MANAGED BY CHANDLER ASSET MANAGEMENT INVESTMENTS HELD BY TRUSTEES FOR BOND DEBT SERVICE OBLIGATIONS TOTAL CASH AND INVESTMENTS 5 Attachment 1 C12 - 28 CITY OF SAN LUIS OBISPO INVESTMENT DETAIL As of June 30, 2014 Agency Investment Coupon Current Purchase Maturity Market (Broker)Description Rate Yield Date Date Value Local Agency Investment Fund Money Market Fund On City NA 0.22%Varies Demand 35,117,057.09 Local Agency Investment Fund Money Market Fund On CIB NA 0.22%Varies Demand 67,240.01 Bank of America Checking Account On NA 0.25%Varies Demand 3,987,028.00 Mission Collateralized Community Bank Certificate of Deposit NA 0.27%12/20/2013 12/20/2014 1,000,000.00 Mission Money Market Account On Community Bank and Interest Receivable NA 0.21%1/24/2012 Demand 1,005,755.92 B of NY Safekeeping U.S. Treasury Bond 9.25%9.25% 4/18/86 2/15/2016 1,144,730.00 TOTAL $42,321,811.02 INVESTMENTS HELD AND MANAGED BY THE CITY 6 Attachment 1 C12 - 29 CITY OF SAN LUIS OBISPO INVESTMENT DETAIL As of June 30, 2014 Agency Investment Coupon Current Purchase Maturity Market (Broker)Description Rate Yield Date Date Value 2005 Refunding Lease Revenue Bonds U. S. Bank First American Corporate Trust Services Treasury Fund N/A 0.00%Varies on demand $0.00 U. S. Bank United States Corporate Trust Services Treasury Bonds 6.00%4.49%6/26/96 2/15/26 $785,897.28 2006 Lease Revenue Bonds U. S. Bank First American Corporate Trust Services Treasury Fund N/A 0.00%Varies on demand $28,055.87 Guaranteed FSA Capital Investment Contract Management Services LLC Treasury Fund 5.545%5.545%5/11/06 5/26/36 $1,000,813.75 2006 Water Revenue Bonds U. S. Bank First American Corporate Trust Services Treasury Fund N/A 0.00%Varies Varies $28,029.45 Guaranteed FSA Capital Investment Contract Management Services LLC Treasury Fund 5.355%5.355%8/17/06 5/28/36 $1,035,347.50 2009 Lease Revenue Bonds U. S. Bank First American Corporate Trust Services Treasury Fund N/A 0.00%Varies Varies $768,682.37 U. S. Bank Collateralized Corporate Trust Services Certificate of Deposit N/A 3.41%4/20/2009 5/15/14 $0.00 2012 Water Revenue Refunding Bonds (Refunded 2002 Water Revenue Bonds) U. S. Bank U.S Bank Money Corporate Trust Services Market Account N/A 0.03%Varies Varies $2,251.56 U. S. Bank United States Corporate Trust Services Treasury Bond 2.00%2.02%Varies 11/25/21 $222,187.50 U. S. Bank United States Corporate Trust Services Treasury Bond 7.125%5.170%Varies 2/15/23 $303,032.40 2012 Revenue Refunding Bonds (Refunded 2001 Revenue Refunding Bonds) U. S. Bank U.S Bank Money Corporate Trust Services Market Account NA 0.00%Varies Varies $0.93 U. S. Bank Corporate Trust Services Federal Home Loan Bank 5.50%4.99%Varies 8/15/16 $429,939.90 TOTAL $4,604,238.51 INVESTMENTS HELD BY TRUSTEES FOR BOND DEBT SERVICE OBLIGATIONS 7 Attachment 1 C12 - 30 CITY OF SAN LUIS OBISPO INVESTMENT DETAIL As of June 30, 2014 The City of San Luis Obispo maintains certain performance objectives for the investments that are managed by Chandler Asset Management. The overall performance objective for the portfolio is to earn a total rate of return over the market cycle that equals or exceeds the market index. In order to achieve this objective the portfolio invests in high-quality money market instruments, US Treasury securities, Agency securities, and high-grade corporate securities, with a maximum maturity of five years. To monitor the achievement of this objective, the City uses a “Benchmark” to compare to. The benchmark which is used is based on the BofA Merrill Lynch Index of 0-5 year Treasury securities. Below is a summary of the monthly results as compared to the benchmark. While the City strives to achieve this performance objective every month, the goal is assumed to be met on an annual basis. The City of San Luis Obispo is currently just under the benchmark goals in most categories. We feel that through market trends and current investing adjustments, our performance will meet or exceed the benchmarks by the end of the fiscal year. Benchmark Comparison for the Quarter Ended 3/31/14 Benchmark 6/30/14 Portfolio 3/31/14 Portfolio Average Maturity (yrs)2.24 1.91 1.88 Modified Duration 2.16 1.86 1.84 Average Purchase Yield n/a 1.21 1.19% Average Market Yield 0.62%0.0056 0.56% Average Quality AAA AA+/Aaa AA+/Aaa Total Market Value $45,089,323 44,986,057$ The following pages provide a summary of the portfolio under management by Chandler Asset Management as well as a detailed holding report for the month. MANAGED BY CHANDLER ASSET MANAGEMENT 8 Attachment 1 C12 - 31 Page intentionally left blank. C12 - 32