HomeMy WebLinkAbout10-27-14 Fiscal Affairs Committee Meeting
CHUCK ENGELKEN, CHAIRCHUCK ENGELKEN, CHAIRJAY MARTIN
Councilmember, District 2Councilmember, District 2Alternate Member 1Alternate Member 1
DARYL LEONARDDOTTIE KAMINSKIDOTTIE KAMINSKI
Councilmember, District 3Councilmember, District 3Alternate Member 2Alternate Member 2
TOMMY MOSER
Councilmember, District 4Councilmember, District 4
CITY OF LA PORTE FISCAL AFFAIRS COMMITTEECITY OF LA PORTE FISCAL AFFAIRS COMMITTEE
MEETING AGENDAMEETING AGENDA
Notice is hereby given of a meeting of the City of La Porte Fiscal Affairs Committee to be held on Notice is hereby given of a meeting of the City of La Porte Fiscal Affairs Committee
to be held on
October 27, 2014, in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, October 27, 2014, in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte,
Texas,
beginning at 4:30 PM regarding the items of business according to the agenda listed below:beginning at 4:30 PM regarding the items of business according to the agenda listed below:
1.Call to orderCall to order
2.Consider approval of minutes of the September 22, 2014, meeting of the Fiscal Affairs Committee Consider approval of minutes of the September 22, 2014, meeting of the Fiscal Affairs
Committee -
S. HarrisS. Harris
3.Receive and review Fourth Quarter (FY2014) Investment Report Receive and review Fourth Quarter (FY2014) Investment Report -- M. Dolby M. Dolby
4.Receive and review month of June, July and August (FY2014) Purchasing Card Expenditures Receive and review month of June, July and August (FY2014) Purchasing Card Expenditures - M.
DolbyDolby
5.5.Consider approval or other action regarding a recommendation to the La Porte City Council to Consider approval or other action regarding a recommendation to the La Porte City Council
to Consider approval or other action regarding a recommendation to the La Porte City Council to Consider approval or other action regarding a recommendation to the La Porte City Council
to
amend the City of La Porte's Investment Policy amend the City of La Porte's Investment Policy -- S. Wolny S. Wolny
6.Receive and review Local Bidder Preference Policy and Local Bidder Preference Application Receive and review Local Bidder Preference Policy and Local Bidder Preference Application
- M.
DolbyDolby
7.Set date for next meeting Set date for next meeting M. DolbyM. Dolby
8.Administrative Reports Administrative Reports C. AlexanderC. Alexander
9.Committee Comments regarding matters appearing on agenda Committee Comments regarding matters appearing on agenda Committee members Engelken, Committee members Engelken,
Leonard, Moser, and MartinLeonard, Moser, and Martin
10.AdjournAdjourn
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte
will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees,
requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the October 27, 2014, agenda of items to be considered by the Fiscal Affairs Committee was placed I certify that a copy of the October 27, 2014, agenda of items
to be considered by the Fiscal Affairs Committee was placed
on the City Hall Bulletin Board on October 21, 2014.on the City Hall Bulletin Board on October 21, 2014.
Patrice Fogarty, City SecretaryPatrice Fogarty, City Secretary
CHUCK ENGELKEN, CHAIR
JAY MARTIN
Councilmember District 2
Councilmember District 5
Committee Member
Alternate Member 1
DARYL LEONARD
DOTTIE KAMINSKI
Councilmember District 3
Councilmember At Large B
Committee Member
Alternate Member 2
TOMMY MOSER
Councilmember District 4
Committee Member
MINUTES OF MEETING OF FISCAL AFFAIRS COMMITTEE
SEPTEMBER 22, 2014
September 22, 2014, at 4:30 p.m.,
The Fiscal Affairs Committee met on in the La Porte City Hall Council
Chambers, 604 West Fairmont Parkway, La Porte, Texas, to consider the following items of business:
1.Call to Order
Chairman Chuck Engelken called the meeting to order at 4:40 p.m. Present were: Committee Member
Tommy Moser and Alternate Member 2 Dottie Kaminski. Absent: Committee Member Daryl Leonard
and Alternate Member 1 Jay Martin. Also present were Assistant City Secretary Sharon Harris, City
Manager Corby Alexander, Finance Director Michael Dolby and Controller Phyllis Rinehart.
2.Consider approval of Minutes of the July 28, 2014, meeting of the Fiscal Affairs Committee P.
Fogarty
Committee member Moser moved to approve the minutes of the July 28, 2014, meeting. Alternate
MOTION PASSED.
Member 2 Kaminski seconded.
Ayes: Chairman Engelken, Committee Member Moser and Alternate
Member 2 Kaminski
Nays: None
Absent: Committee Member Leonard and Alternate Committee Member 1
Martin
3.Review and discuss a proposed Resolution of the City of La Porte, Texas approving General
Fund Commitments of Fund Balance for Fiscal Year 2013-2014 M. Dolby
Finance Director Michael Dolby presented a summary.
Committee member Moser moved to approve the proposed Resolution of the City of La Porte, Texas
approving General Fund Commitments of Fund Balance for Fiscal Year 2013-2014. Alternate Member
MOTION PASSED.
2 Kaminski seconded.
Ayes: Chairman Engelken, Committee Member Moser and Alternate
Member 2 Kaminski
Nays: None
Absent: Committee Member Leonard and Alternate Committee Member 1
Martin
Page 1 of 2
September 22, 2014, Fiscal Affairs Committee Minutes
4.Set date for next meeting M. Dolby
The Committee set October 27, 2014, at 4:30 p.m., as the date and time for the next meeting.
5.Administrative ReportsC. Alexander
There were no Administrative Reports
6.Committee Comments
Matters appearing on agenda; Recognition of community members, city
employees, and upcoming events; Inquiry of staff regarding specific factual information or existing
policy.
There were no Committee Comments.
7.Adjourn
There being no further business, Committee Member Moser moved to adjourn the meeting at 4:44 p.m.
MOTION PASSED
Alternate Member 2 Kaminski seconded. .
Respectfully submitted,
________________________________
Sharon Harris, Assistant City Secretary
Passed and approved on the _____ day of ___________, 2014.
________________________________
Chairman Chuck Engelken
Page 2 of 2
September 22, 2014, Fiscal Affairs Committee Minutes
CITY OF LA PORTE
Interoffice Memorandum
TO
: Chuck Engelken, Councilmember
Daryl Leonard, Councilmember
Tommy Moser, Councilmember
Jay Martin, Councilmember
Dottie Kaminski, Councilmember
Corby Alexander, City Manager
Traci Leach, Assistant City Manager
FROM
:Michael Dolby, Director of Finance
Shelley Wolny, Treasurer
DATE
: October 16, 2014
SUBJECT
:Quarterly Investment Report
For the fourth quarter of the 2014 fiscal year, the City’s investment portfolio yield averaged 0.29%, which
is above the average yield of our benchmarkat 0.05% (see graph below). The average yield for the year
was 0.23%. The City’s investment portfolio exceeded the benchmark by an average of 16 basis points for
the year, which equates to approximately $72,611in additional earnings for the year. Our benchmark
isthe 6-month T-Billrate.Thetotalinterest earned for the 201fiscal yearfor all funds is $127,538
which exceeds the projected budget of $109,872 by nearly $18,000.
City vs. Benchmark
0.35%
0.30%
0.25%
0.20%
0.15%
0.10%
0.05%
`
0.00%
Portfolio YieldBenchmark
th
At September 30,the City’s portfoliototaled $53,771,873 and consisted of 25%in Texpool, 42% in
Agency Notes and 33% in Logic. The portfolio remains proportionately spread between the two
investment pools and agenciesto maintain adequate liquiditywhile pursuing opportunities for to optimize
yield.Staff will continue to focus on laddering and diversifying the portfolio through the purchase of
agenciesto strengthen returns.
1
At the end of thefourthquarter, the City’s portfolio consisted of 58% of the portfolio maturing overnight,
3% of the City’s portfolio matures in 1-12months,17% maturing in 12-24 monthsand 22% maturing
beyond two years.
Currently, the 3-month T-Bill is at0.02%; 2-year, at0.57%; 5-year, at1.77%; and, the 20-year is at
3.01%(see yield curve below). A year ago, the 20-year treasury was yielding 3.53%. Rates have
fluctuated slightly on the long end; however, rates remain stagnant on the short end.
2
Yield Curve
4.00%
3.00%
2.00%
1.00%
0.00%
Treasury Bills
3 months agocurrent
The most current overnight rate was set on December 16, 2008 at 0.00% to 0.25%.The target funds rate
is projected toremain unchanged through 2014. The consensus among economists is that the Fed Funds
rate may slowly start to increase beginning in the spring of 2015, although that highly depends on the
health of the economy. We will continue to focus on laddering the portfolio to maintain a constant cash
flow and a liquid position.
2 Year T-Note
8.00%
6.00%
4.00%
2.00%
0.00%
In summary, we will continue to invest the City’s funds in conservative investments, as authorized by the
Public Funds Investment Act, always keeping in mind Safety first, and then Liquidity and lastly Yield.
3
Portfolio Composition and Value
as of September 30, 2014
80.00%
60.00%
ParBookMarketDays to
ValueValueValueMaturity
40.00%
Investment Pools31,271,87331,271,87331,271,87355
Agencies22,500,00022,500,00022,474,330705
20.00%
Total53,771,87353,771,87353,746,202327
0.00%
Investment PoolsAgencies
Sep-14Sep-13
Investment Maturity Schedule
1-12 months
as of September 30, 2014
1-2 years
Book
ValuePercent
Overnight31,271,87358.16%
1-12 months1,500,0002.79%
1-2 years9,000,00016.74%
Overnight
2-3 years12,000,00022.32%
2-3 years
Total53,771,873100.00%
Portfolio Performance
for the month of September 30, 2014
Weighted
PortfolioBenchmarkAverage
0.30%
YieldYield*Maturity
Pooled Funds0.30%0.04%11.31 months
0.20%
Bond Funds0.03%0.02%51 days
Total0.17%0.03%10.95 months
0.10%
0.00%
*The pooled funds benchmark is based on the average monthly yield of a 6-month Treasury.
Pooled FundsBond FundsTotal
The bond funds benchmark yield is based on the average monthly yield of a 3-month Treasury.
The total is based on weighted average monthly benchmark yields.
Portfolio YieldBenchmark Yield*
Portfolio Earnings
as of September 30, 2014
75,000
BudgetActualPercent
General71,00074,112104.38%
50,000
Enterprise9,50011,745123.63%
Internal Service10,50012,017114.45%
25,000
Other Funds18,87229,665157.19%
Total109,872127,538116.08%
-
GeneralEnterpriseInternal Other Funds
Service
BudgetActual
Yield Curve
WAM - Pooled Funds
2.00%
12.00
1.80%
Average for September
1.60%
10.00
% of funds invested in:20142013
1.40%
Securities & Pools93.87%91.14%
1.20%
8.00
1.00%
Bank Depository6.13%8.86%
0.80%
Total % of funds invested100.00%100.00%
6.00
0.60%
0.40%
4.00
0.20%
Operating Account Balance3,512,2105,195,355
0.00%
3 mo6 mo1 yr2yr5yr
2.00
0.00
Jul-14Aug-14Sep-14
Jul-14Aug-14Sep-14
4
Portfolio Yield vs Benchmark
Aug-14
Jun-14
Apr-14
Feb-14
Dec-13
Oct-13
0.00%0.05%0.10%0.15%0.20%0.25%0.30%0.35%
Oct-13Nov-13Dec-13Jan-14Feb-14Mar-14Apr-14May-14Jun-14Jul-14Aug-14Sep-14
Portfolio Yield
0.26%0.23%0.21%0.17%0.16%0.18%0.19%0.21%0.25%0.27%0.29%0.30%
Benchmark
0.08%0.10%0.10%0.07%0.08%0.08%0.05%0.05%0.06%0.06%0.05%0.04%
Additional Earnings
(over 6 month Treasury Bill)
80,000
70,000
60,000
50,000
40,000
30,000
20,000
10,000
-
Oct-13Nov-13Dec-13Jan-14Feb-14Mar-14Apr-14May-14Jun-14Jul-14Aug-14Sep-14
Add Erng
6,484 4,137 3,578 3,578 2,662 3,676 5,368 6,507 7,816 8,808 10,024 9,973
Cumm Erng
6,484 10,621 14,199 17,777 20,439 24,115 29,483 35,990 43,806 52,614 62,638 72,611
Investment Maturity & Cashflow
(excluding Texpool & Logic)
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
-
Oct-14Jan-15Apr-15Jul-15Oct-15Jan-16Apr-16Jul-16Oct-16Jan-17Apr-17Jul-17Oct-17
5
Market Gain (Loss)
by Month
15,000
10,000
5,000
-
(5,000)
(10,000)
(15,000)
(20,000)
(25,000)
(30,000)
OCTNOVDECJANFEBMARAPRMAYJUNJULAUGSEP
AGENCIES
(2,915)(16)(13,162)(14,370)(8,742)(23,703)(15,149)10,028 (3,742)(19,361)2,276 (25,671)
Monthly Portfolio Division
49%
51%
Wells FargoCoastal Securities
Average Return on Investments
0.80%
0.70%
0.60%
0.50%
0.40%
0.30%
0.20%
0.10%
0.00%
Coastal SecuritiesWells Fargo
0.59%0.76%
6
7
REQUEST FOR FISCAL AFFAIRS COMMITTEE AGENDA ITEMREQUEST FOR FISCAL AFFAIRS COMMITTEE AGENDA ITEM
October 27, 2014October 27, 2014AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
S. Wolny S. Wolny Source of Funds:Source of Funds:
Requested By:Requested By:
N/A N/A
Finance Finance Account Number:Account Number:
Department:
N/A N/A
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
N/A N/A
Amount Requested:Amount Requested:
Exhibits:
Budgeted Item:Budgeted Item:YESYESNONO
1. Investment Policy1. Investment Policy
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The City Council of the City of La Porte originally adopted an Investment Policy on January 13, 1992, by The City Council of the City of La Porte originally adopted an Investment Policy
on January 13, 1992, by
Ordinance No. 1802. The Investment Policy governs how the City will invest the CityOrdinance No. 1802. The Investment Policy governs how the City will invest the Citys funds and
outlines s funds and outlines
administrative and legal guidelines for the Investment Officers to follow for the preservation of capital. The Public administrative and legal guidelines for the Investment Officers
to follow for the preservation of capital. The Public
Funds Investment Act requires that a City must present the Investment Policy to Council annually for review or Funds Investment Act requires that a City must present the Investment Policy
to Council annually for review or
amendment.
The policy has been updated to reflect changes that were made to the Public Funds Investment Act during the last The policy has been updated to reflect changes that were made to the
Public Funds Investment Act during the last
Legislative Session. Additions have been highlighted in the policy and are summarized as follows:Legislative Session. Additions have been highlighted in the policy and are summarized
as follows:
1.Investment strategy has been added to the Objectives Section. (page 2) Investment strategy has been added to the Objectives Section. (page 2)
2.The Responsibility and Control Section (page 2) has been expanded regarding oversight responsibility of the The Responsibility and Control Section (page 2) has been expanded regarding
oversight responsibility of the
The Responsibility and Control Section (page 2) has been expanded regarding oversight responsibility of the The Responsibility and Control Section (page 2) has been expanded regarding
oversight responsibility of the
Fiscal Affairs Committee and the City Manager. Fiscal Affairs Committee and the City Manager.
3.The Monitoring Section has been expanded (page 4) to include:The Monitoring Section has been expanded (page 4) to include:
1.Monitoring of credit ratings for investments Monitoring of credit ratings for investments
2.Monitoring FDIC status for mergers and acquisitions regarding CDs Monitoring FDIC status for mergers and acquisitions regarding CDs
4.Brokered CDs have been added under the allowable investments. (page 5) Brokered CDs have been added under the allowable investments. (page 5)
5.Wording regarding depository contracts and collateral has been added to the Selection of Financial Wording regarding depository contracts and collateral has been added to the Selection
of Financial
Institutions. (page 6) Institutions. (page 6)
6.Items Q and R have been added to the Management and Internal Controls Section. These items address Items Q and R have been added to the Management and Internal Controls Section.
These items address
the monitoring of credit ratings and FDIC status for institutions and mergers for brokered CDs. (page 8) the monitoring of credit ratings and FDIC status for institutions and mergers
for brokered CDs. (page 8)
Action Required by the Fiscal Affairs Committee:Action Required by the Fiscal Affairs Committee:
Consider approval or other action of a recommendation to the City Council to amend the City of La PorteConsider approval or other action of a recommendation to the City Council to amend
the City of La Portes s
Investment Policy.Investment Policy.
Approved for Fiscal Affairs Committee AgendaApproved for Fiscal Affairs Committee Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
City of La Porte, Texas
Investment Policy
Adopted by the City Council
Of the City of La Porte
On January 13, 1992, by
Ordinance No. 1802
Amended:
November 1995
August 1997
City of La Porte, Texas
November 2000
Michael G. Dolby, CPA
February 2003
Director of Finance
February 2005
October 2005
Shelley Wolny
July 2009
Treasurer
May 2011
October 2013
October 2014
POLICY
I.
It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a
manner which will preserve the principal and maintain the liquidity through limitations and
diversification while meeting the daily cash flow requirements of the City. The City will invest all
available funds in conformance with legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
The purpose of this investment policyis to comply with all statutes governing the investment of
the City’s funds,including the Public Funds Investment Act, Chapter 2256 of the Texas
Government Code (the “ Act”), which requires the City to adopt a written investment policy
regarding the investment of its funds and funds under its control. The Investment Policy
addresses the methods, procedures and practices that must be exercised to ensure effective and
judicious fiscal management of the City’s funds.
SCOPE
II.
The City will strive to earn a return on funds invested at the highest investment return possible
after taking in consideration the primary goals of preservation of principal and liquidity of funds
invested, consistent with the policy objectives described below. This investment policy applies to
the investment activities of the government of the City of La Porte, Texas.
FUNDS INCLUDED The City’s funds, which are pooled together and constitute the investment
portfolio, include all financialassets of all funds managed by the City, including but not limited
to receipts of tax revenues, charges for services, bondproceeds, interest incomes, loans and funds
received by the City where the City performs a custodial function.These funds are accounted for
in the City’s Comprehensive Annual Financial Report (CAFR) and include:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Investment income will be allocated to the various funds based on their respective participation
and in accordance with generally accepted accounting principles.
OBJECTIVES
III.
SAFETYThe primary objective of the City's investment activity is the preservation of capital
and the protection of investment principal in the overall portfolio. Each investment transaction
shall seek first to ensure that capital losses are avoided, whether they are from securities defaults
or erosion of market value.The City will strive to minimize credit risk by limiting investments to
the safest types of investments, prequalifying the financial institutions and broker/dealers with
which the City conducts business, and diversify the investment portfolio so that potential losses
on individual issuers will be minimized. To minimize interest rate risk, the City will ladder the
portfolio and match investments with future cash requirements and invest operating funds in
shorter, more liquid securities and investments.
1
LIQUIDITYThe City's investmentportfolio will remain sufficiently liquid to enable the City to
meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements and by investing in
securities with active secondary markets.Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or
local government investment pools that offer same day liquidity.
PUBLIC TRUSTAll participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment Officials shall avoid any transaction that might impair
public confidence in the City's ability to govern effectively. The governing body recognizes that
in 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.
YIELD(Optimization of Interest Earnings)The City's cash management portfolio shall be
designed with the objective of regularly meetingor exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City’sweighted average maturity in days.
The investment program shall seek to augment returns above this threshold consistent with risk
limitations identified herein and prudent investment principles.
INVESTMENT STRATEGY The City maintains a commingled portfolio for investment
purposes which incorporates the specific uses and the unique characteristics of the funds in the
portfolio. The investment strategy has as its primary objective assurance that anticipated
liabilities are matched and adequate investmentliquidity provided. The City shall pursue
conservative portfolio management strategy. This may be accomplished by creating a laddered
maturity structure with some extension for yield enhancement.The maximum dollar weighted
average maturity of 2 years or less will be calculated using the stated final maturity date of each
security.
RESPONSIBILITY AND CONTROL
IV.
Oversight Responsibility for the investment activity of the City of La Porte shall rest with the
Fiscal Affairs Committee and the City Manager.They will designate investment officer(s),
receive and review quarterly reporting, approve and provide for investment officer training,
approve broker/dealers, and review and adopt the Investment Policy and Strategy at least
annually.
DELEGATIONManagement responsibility for the investment program is hereby delegated to
the Director of Finance, who shall establish written procedures for the operation of the investment
program, consistent with this investment policy. Such procedures shall include explicit delegation
of authority to persons responsible for investment transactions.
SUBORDINATESAll persons involved in investment activities will be referred to as
"Investment Officers." No person shall engage in an investment transaction except as provided
under the terms of this policy and the procedures established by the Director of Finance. The
Director of Finance shall be responsible for all transactions undertaken, and shall establish a
system of controls to regulate the activities of Subordinate Investment Officers.All investment
officers,including the Director of Finance,will demonstrate competence in the execution of the
city’s investments. All Investment Officers will insure compliance with the investment program
with ongoing training and evaluation by management.
2
PRUDENCEInvestments shall be made with judgment and care, under prevailing circumstances,
that a person of prudence, discretion and intelligencewouldexercise in the management of the
person’sown affairs, notfor speculation,but for investment,considering the probable safety of
capital and the probable income to be derived. Investment Officers acting in accordance with
written procedures and this investment policy and exercising due diligence shall be relieved of
personal responsibility for an individual security's credit risk or market price changes, provided
deviations from expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy.
IMDEMNIFICATIONThe Director of Finance and the Investment Officer, acting in accordance
with written procedures and exercising due diligence, shall not be held personally responsible for
a specific investment’s credit risk or market price changes, provided that these deviations are
reported immediately and the appropriate action is taken to control adverse developments.
ETHICS DISCLOSURE AND CONFLICTS OF INTERESTOfficers and employees involved
in the investment process shall refrain from personal business activity that could conflict with
proper execution and management of the investment program, or which could impair their ability
to make impartial investment decisions. Employees and Investment Officers shall disclose to the
CityManager any material interests in financial institutions that conduct business with the City of
La Porte, and shall further disclose any personal financial or investment positions that could be
related to the performance of the City's investment portfolio. Employees and Investment Officers
shall refrain from undertaking personal investment transactions with the same individual with
which business is conducted on behalf of the City of La Porte.
An Investment Officer of the City of La Porte who has a personal business relationship with an
organization seeking to sell an investment to the City of La Porte shall file a statement disclosing
that personal business interest. An Investment Officer who is related within thesecond degree by
affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte
shall file a statement disclosing that relationship. A statement required under subsection
2256.005(i) of the Actmust be filed with the TexasEthics Commission and the governing body
of the City of La Porte.
TRAININGInvestment Officers shall attend 10 hours ofinvestment training within 12 months
after taking office or assuming duties, and 10 hours every succeeding two yearsthat begins on the
st
first day of the fiscal year, which is October 1, and consists of the two consecutive fiscal years
after that date. The investments training shall be provided from an independent source approved
by the Fiscal Affairs Committeeto insure the quality and capability of investment management in
.
compliance with the ActFor thepurposes of this policy, an "independent source" is defined as a
professional organization, an institute of higher learning or any other sponsor other than a
Business Organization with whom the City may engage in investment transactions. Training
shall be in accordance with the Act and shall include education in investment controls, security
risks, strategy risks, market risks,diversification of investment portfolio,and compliance with
statutes governing the investment of public funds.
REPORTING
V.
Investment reports shall be prepared quarterly and be signed and submitted by the Investment
Officers, in a timely manner. These reports will be submitted to the City Manager and City
Council. This report shall describe in detail the investment position of the City, disclose the
market value and book value of each fund group as well as each separate investment, and state the
maturity date of each security and accrued interest for the reporting period. The report shall
3
include all information as required by Section 2256.023 of the Act. It must also express
compliance of the portfolio to the investment strategy contained in the City’s Investment Policy
andthe Act.
MONITORINGThe market price of each investment shall be obtained monthly from a source
such as the Wall Street Journal newspaper,the City’s custodial bank,a reputable brokerage firm
or security pricing service and reported on the investment reports.Investments with minimum
rating requirements will be monitored for rate changes and liquidation of such investments will be
determined at such time.
Monitoring credit ratings –The Investment Officer shall monitor, on no less than a monthly basis,
the credit rating on all authorized investments in the portfolio based upon independent
information from a nationally recognized rating agency. If any security falls below the minimum
rating required by Policy, the Investment Officer shall notify the City Manager of the loss of
rating, and liquidate the investment within one week.
Monitoring FDIC Status for Mergers and Acquisitions –The Investment Officer shall monitor, on
no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by
the City based upon information from the FDIC. If any bank has been acquired or merged with
another bank in which brokered CDs are owned, the Investment Officer or Advisor shall
immediately liquidate any brokered CD which places the City above the FDIC insurance level.
INVESTMENTS
VI.
ACTIVE PORTFOLIO MANAGEMENTThe City intends to pursue active versus passive
portfolio management philosophy. That is, securities may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
AUTHORIZED INVESTMENTSThe following are authorized investments for the City andall
are authorized and further defined by the Act. Only those investments listed in this section are
authorized.
A.Obligations, including letters of credit, of the United States or its agencies and
instrumentalities;direct obligations of this state or its agencies and instrumentalities;other
obligations, the principal and interest of which are unconditionally guaranteed or insured by,
or backed by the full faith and credit of, this state or the United Statesor their respective
agencies and instrumentalities, including obligations that are fully guaranteed or insured by
the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United
States; andobligations of states, agencies,counties, cities, and other political subdivisions of
any state rated as to investment quality by a nationally recognized investment rating firm not
less than A or its equivalent.(Section 2256.009 (a)of the Act)
The following are not authorized investments under Section2256.009 (b)of the Act:
obligations whose payment represents the coupon payment on the outstanding
principal balance of the underlying mortgage-backed security collateral and pays not
principal (Interest only bonded);
obligations whose payment represents the principal stream of cash from the
underlying mortgage-backed security collateral and pays no interest (Principal only
bonds);
4
collateralized mortgage obligations that have a final stated maturity date of greater
than10 years; and
collateralized mortgage obligations, the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
B.Fully collateralized certificatesof deposit issued by a depository institution or an approved
broker that has its main office or branch office in Texas, selected from a list adopted by the
City,andguaranteed or insured by the Federal Deposit Insurance Corporation or its successor
or the National Credit Union Share Insurance Fund or its successor;secured by obligations
authorized by this subchapter, or secured in any other manner and amount provided by law
for deposits of the City.(Section 2256.010of the Act)
C.FDIC insured, brokered certificates of deposit securities from a bank in any USstate,
delivered versus payment to the City safekeeping agent, not to exceed one year to maturity.
Before purchase, the Investment Officer must verify the FDIC status of the bank on
www.fdic.govto assure that the bank is FDIC insured.
D.AAA-rated, or an equivalent rating, no-load money market mutual fundsregistered with and
regulated by the Securities and Exchange Commission;havinga dollar-weighted average
stated maturity of 90 days or fewer; andincludes in its investment objectives the maintenance
of a stable net asset value of $1 for each share.(Section 2256.014of the Act)The Fund must
provide the Citywith a prospectus and other information required by the Securities and
Exchange Act of 1934 (15 U.S.C. Section 80a-1et seq.);
The Cityis not authorized by Section 2256.014 (c)of the Actto:
invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves in other funds held for debt service, in mutual
funds described inthe Act(Section 2256.014);
invest any portion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in the Act (Section 2256.014);or
invest its funds or funds under its control, including bond proceeds and reservesand
other funds held for debt service, in any one mutual fund described in the Act
(Section 2256.014)in an amount that exceeds 10 percent of the total assets of the
mutual fund.
E.AAA-rated, or an equivalent rating by at least one nationally recognized rating service,
constant dollar, investment poolsas authorized by the City Council and as further defined by
the Act, which invests in eligible securities as authorized by Section 2256.016 of the Act.
EXISTING INVESTMENTSThe Investment Officer is not required to liquidate investments that
were authorized investments at the time of purchase. Any investments currently held that do not
meet the guidelines of this policy shall be reviewed to determine the ability to liquidate. An
investment that requires aminimum rating under this subchapter does not qualify as an authorized
investment during the period the investment does not have the minimum rating. An entity shall
take all prudent measures that are consistent with its investment policy to liquidate an investment
that does not have the minimum rating.If the investment cannot be liquidated because of
material adverse change in the value since the time of purchase, and holding the investment to
maturity does not negatively affect disbursements or cash flow, a recommendation of holding said
investment to maturity is acceptable.
5
MAXIMUM MATURITIESThe maximum stated maturity, from the date of purchase, for any
individual investment may not exceed 5 years and the maximum dollar-weighted average
maturity for the pooled fund group (investment portfolio) may not exceed 2 years.
DIVERSIFICATIONIt is the policy of the City to diversify its investment portfolios. Assets
held in the pooled investment portfolio shall be diversified to eliminate the risk of loss resulting
from over-concentration of assets in a specific maturity, specific issuer or specific class of
securities. Diversification strategies shall be determined and revised periodically by the Fiscal
Affairs Committee.
FINANCIAL INSTRUMENTSMaximum allowable percentages of the total portfolio for
investments are stated as follows:
Investment TypeMaximum Limit
1.Investment Pools100%
2.Money Market Accounts10%
3.Certificates of Deposit60%
4.U.S. Government Securities80%
5.U.S.Agency Securities80%
SELECTION OF FINANCIAL INSTITUTIONS AND BROKER DEALERS
VII.
SELECTION OF FINANCIAL INSTITUTIONSDepositories shall be selected through the City's
banking services procurement process, which shall include a formal request for proposal (RFP)
issued every five(5) years. In selecting depositories, the servicesavailable, service costs, and
creditworthiness of institutions shall be considered, and the Director of Finance shall conduct a
comprehensive review of prospective depositories’credit characteristics and financial history.
The depository contract will provide for collateral if balance exceeds FDIC Insurance amounts.
The City shall select financial institutions from which the City may purchase certificates of
deposit in accordance with the Act and this policy and will have a written depository agreement
with the selected institution,which was approved by resolution of the Bank’s Board if collateral
is required.The Investment Officer shall monitor the fiscal condition of financial institutions
where certificates of deposit are held.
AUTHORIZED FINANCIAL BROKER/DEALERS AND INSTITUTIONSThe Investment
Officer shall maintain a list of broker/dealers and financial institutions authorized to provide
investment services. These may include primary dealers or regional dealers that qualify under
Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). All financial
institutions and broker/dealers who desire to become qualified bidders for investment transactions
must submit: audited financial statements, proof of National Association of Security Dealers
certification, and proof of state registration.
Before engaging in investment transactions with a financial institutions or broker/dealers, the
Investment Officershall havereceived, from a Qualified Representative of said firm, a signed
Certification Form. (Exhibit B) This form shall attest that the individual responsible for the City's
account with that firm has(1) received and reviewed the investment policy of the City; and (2)
acknowledged that the business organization has implemented reasonable procedures and controls
in an effort to preclude investment transactions conducted between the City and the organization
that are not authorized by the City’s investment policy, except to the extent that this
6
authorization is dependent on an analysis of the makeup of the City’s entire portfolio or requires
an interpretation of subjective investment standards.Investment Officersof the Citymay not
acquire or otherwise obtainany authorized investment described in the investment policy from a
person who has not delivered a signed Certification Form. The Fiscal Affairs Committee shall at
least annually review, revise, and adopt a list of qualified broker/dealersand other financial
institutions that are authorized to engage in investment transactions with the City. (Exhibit A)
COMPETITIVE BIDDINGAll investmenttransactions must be competitively transacted and
executed with broker/dealers or financial institutions that have been authorized by the City. The
City will obtain at least three competitive offers. Exception: New issues will not be required to
be competitively transacted as all broker/dealers would show the same price and yield.
COLLATERAL
VIII.
COLLATERALIZATION OF PUBLIC DEPOSITSCollateralization requirements are governed
by the Texas Government Code Chapter 2257 (Public Funds Collateral Act). All bank deposits,
certificates of deposit, and repurchase agreements shall be secured by pledged collateral. In order
to anticipate market changes and provide a level of security for all funds, the required minimum
collateral level will be a market value equal to noless than 102% of the deposits.Collateral
levels should be monitored andmaintained by the financial institution. Repurchase agreements
shall be documented by specific agreement noting the collateral pledged in each agreementand
should be monitored daily. Collateral shall be reviewed monthly to assure the market value of the
securities pledged equals or exceeds the related bank balances.
Collateral shall always be held in the City’s name by an independent third party with whom the
City of La Porte has a current custodial agreement. Evidence of the pledged collateral shall be
maintained by a written agreement. A safekeeping receiptmust be supplied to the City of La
Porte for any transaction involving sales/purchases/maturities of securities and/or underlying
collateral, which the City of La Porte will retain. The right of collateral substitution is granted
provided the substitution has prior approval of the City and is followed by the delivery of an
original safekeeping receipt to the City, and replacement collateral is received prior to the release
of original collateral.
COLLATERAL DEFINEDThe City shall accept only the following securities as collateral:
A.FDIC insurance coverage;
B.United States Treasuries and Agencies;
C.Obligations, including letters of credit, of the United States or its agencies and
instrumentalities.
D.Other securities as approved by the Fiscal Affairs Committee.
SUBJECT TO AUDITAll collateral shall be subject to inspection and audit by the Director of
Finance or the City's independent auditors.
SAFEKEEPING AND CUSTODY
IX.
SAFEKEEPING AGREEMENTAll securities owned by the City shall be held in the City’s
designated third party safekeeping. The third party custodian shall be required to issue
safekeeping receipts to the City listing each specific security, description, maturity, cusip number
7
yield and/or coupon, market valueand other pertinent information. Each safekeeping receipt
shall clearly indicate that the instrument is held for the City of La Porte. All safekeeping
arrangements shall be documented by the Investment Officer.
DELIVERY VERSUS PAYMENTAll investment transactionsshall be executedon a delivery
versus paymentbasis. That is, funds shall not be wired or paid until verification has been made
that the collateral was received by the Trustee. The collateral shall be held in the name of the
City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim
on the securities. The original copy of all safekeeping receipts shall be delivered to the City.
MANAGEMENT AND INTERNAL CONTROLS
X.
The Director of Finance shall establish a system of internal controls, which shall be reviewed by
an independent auditor. The controls shall be designed to prevent losses of public funds arising
from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent actions by employees or Investment Officersof the City.
Controls and managerial emphasis deemed most important that shall be employed where practical
are:
A.Control of collusion
B.Separation of duties
C.Separation of transaction authority from accounting and record keeping
D.Custodian safekeeping receipts records management
E.Avoidance of physical delivery securities
F.Clear delegation of authorityto subordinate staff members
G.Documentation on investment bidding events
H.Written confirmation of transactionsfor investments and wire transfers
I.Reconcilement and comparisons of security receipts with the investment subsidiary records
J.Compliance with investment policies
K.Accurate and timely reports
L.Validation of investment maturity decisions with supporting cash flow data
M.Adequate training and development of Investment Officers
O.Review of financial condition of all brokers, dealers and financial institutions
P.Staying informed about market conditions, changes, and trends that require adjustments in
investment strategies
Q. Monitor credit ratings
R. Monitor FDIC status for mergers and acquisitions for brokered CD’s
COMPLIANCE AUDITTheCity shall perform, in conjunction with its annual financial audit, a
compliance audit of management controls on investments and adherence to the entity's
established investment policies. The audit shall include a formal review of the quarterly
investmentreports by an independent auditor and the results reported to the governing body by
the independent auditor. Also, the governing body shall review its investment policy and
investment strategy not less than annually and adopt a written instrument by rule,order,
ordinance, or resolution stating that it has reviewed the investment policy and strategy, and
recorded any changes made to them.
8
Exhibit A
City of La Porte
Approved List of Brokers/Dealers and Investment Pools
Brokers/Dealers
Coastal Securities
Wells Fargo
Amegy Bank
Investment Pools
TexPool
LOGIC Investment Pool
Exhibit B
TEXAS PUBLIC FUNDS INVESTMENT ACTCERTIFICATION FORM
As required by Texas Government Code 2256.005 (k-l)
CITY OF LA PORTE, TEXAS
This certification is executed on behalf of the City of La Porte, Texas(the Investor) and
___________________________ (the Seller) pursuant to the Public Funds Investment
Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in connection
with investment transactions conducted between the Investor and Dealer.
The Undersigned Qualified Representative ofthe Sellerhereby certifies on behalf of the
Sellerthat:
1.The Qualified Representative is duly authorized to execute this Certification on
behalf of the Seller, and
2.The Qualified Representative has received and reviewed the Investment Policy
furnished by the Investor, and
3.The Sellerhas implemented reasonable procedures and controls in an effort to
preclude investment transactions conducted between the Sellerand the Investor
that are not authorized by the entity’s investment policy, except to the extent that
this authorization is dependent on an analysis of the makeup of the entity’s entire
portfolio or requires an interpretation of subjective investment standards.
Qualified Representative
________________________________
Signature
________________________________
Name(Printed):
________________________________
Title:
________________________________
Date:
Exhibit C
City of La Porte, Texas
Investment Strategy Statement
The City of La Porte, Texas (the "City") will strive to administer and invest its pooled
funds at the highest investment return possible while always taking into account the
primary goals of preservation of principal and liquidity of funds invested consistent with
the City's investment policy.
The City's funds, which are pooled together and constitute the investment portfolio,
include all financial assets of all funds managed by the City, including but not limited to
receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and
funds received by the City where the City performs a custodial function.
The City will never invest its funds in a security that is deemed unsuitable to the financial
requirements of the City. Maturities will be staggered in a manner that meets the cash
flow needs of the City.
The primary investment objective is the preservation and safety of principal. Each
investment transaction shallseek first to ensure that principal losses are avoided, whether
they are from security defaults or erosion of market value.
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
operating requirements that might be reasonably anticipated. Liquidity shall be achieved
by matching investment maturities with forecasted cash flow requirements and by
investing in securities with active secondary markets.
The City shall always maintain a highly diversified investment portfolio in order to
reduce the amount of credit and market risk exposed to the City's portfolio.
After first considering safety and liquidity, the City's investment portfolio shall be
designed with the objective of regularly exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City’s weighted average maturity in
days.The City shall seek to augment returns above this threshold consistent with risk
limitations identified in the City's investment policy and prudent investment principles.
REQUEST FOR FISCAL AFFAIRS COMMITTEE AGENDA ITEMREQUEST FOR FISCAL AFFAIRS COMMITTEE AGENDA ITEM
October 27, 2014October 27, 2014AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/A N/A
M. Dolby M. Dolby Source of Funds:Source of Funds:
Requested By:Requested By:
N/A N/A
Finance Finance Account Number:Account Number:
Department:
N/A N/A
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
N/A N/A
Amount Requested:Amount Requested:
Exhibits:
Budgeted Item:Budgeted Item:YESYESNONO
1. LGC 271.905 and LGC 271.90511. LGC 271.905 and LGC 271.9051
2. Local Bidder Preference Policy2. Local Bidder Preference Policy
3. Local Bidder Preference Applications3. Local Bidder Preference Applications
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
At the July 28, 2014 Fiscal Affairs meeting, staff was asked about the City allowing for consideration of the At the July 28, 2014 Fiscal Affairs meeting, staff was asked about the City
allowing for consideration of the
location of a bidderlocation of a bidders principal place of business in the award of competitively bid goods and services. Sections s principal place of business in the award of
competitively bid goods and services. Sections
271.905 and 271.9051 of the Texas Local Government Code that is attached, would allow a municipality to have 271.905 and 271.9051 of the Texas Local Government Code that is attached,
would allow a municipality to have
local bidders preference policy.s preference policy.
The bidder preference will allow selection of:The bidder preference will allow selection of:
(1) Local vendors who are within 3% of the lowest bid price for all other bids excluding construction and (1) Local vendors who are within 3% of the lowest bid price for all other
bids excluding construction and
services, greater than $500,000.services, greater than $500,000.
(2) Local vendors who are within 5% percent of the lowest bid price for all other bids including services, greater (2) Local vendors who are within 5% percent of the lowest bid price
for all other bids including services, greater
than $50,000 or less than $500,000.than $50,000 or less than $500,000.
(3) Local vendors who are within 5% percent of the lowest bid price for construction bids greater than $50,000 (3) Local vendors who are within 5% percent of the lowest bid price
for construction bids greater than $50,000
but less than $100,000.but less than $100,000.
Council must make the determination that the local bid would benefit the city economically; therefore, staff is Council must make the determination that the local bid would benefit
the city economically; therefore, staff is
recommending the policy only apply to expenditures over $50,000. This policy does not apply to purchases that recommending the policy only apply to expenditures over $50,000. This
policy does not apply to purchases that
are; sole source, emergency, federally are; sole source, emergency, federally funded, cooperative contract or interfunded, cooperative contract or inter--local agreements.local agreements.
Based on the bid awards for FY 2014, if there would have been a local vendor bidding that met the criteria above Based on the bid awards for FY 2014, if there would have been a local
vendor bidding that met the criteria above
on each bid, the City would have paid $153,587 more for goods and services. There were no local vendors meeting on each bid, the City would have paid $153,587 more for goods and services.
There were no local vendors meeting
the criteria above that bid in FY 2014.the criteria above that bid in FY 2014.
Attached for your review is a draft copy of a local bidder preference policy and local bidder preference Attached for your review is a draft copy of a local bidder preference policy
and local bidder preference
application.
Action Required by the Fiscal Affairs Committee:Action Required by the Fiscal Affairs Committee:
Receive and review Local Bidder Preference Policy and Local Bidder Preference Application.Receive and review Local Bidder Preference Policy and Local Bidder Preference Application.
Approved for Fiscal Affairs Committee AgendaApproved for Fiscal Affairs Committee Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S
PRINCIPAL PLACE OF BUSINESS. (a) In this section, "local
government" means a municipality, a county, or another political
subdivision authorized under this title to purchase real
property or personal property that is not affixed to real
property. The term does not include a school district.
(b) In purchasing under this title any real property or
personal property that is not affixed to real property, if a
local government receives one or more bids from a bidder whose
principal place of business is in the local government and whose
bid is within three percent of the lowest bid price received by
the local government from a bidder who is not a resident of the
local government, the local government may enter into a contract
with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is
in the local government if the governing body of the local
government determines, in writing, that the local bidder offers
the local government the best combination of contract price and
additional economic development opportunities for the local
government created by the contract award, including the
employment of residents of the local government and increased
tax revenues to the local government.
(c)This section does not prohibit a local government from
rejecting all bids.
Added by Acts 1999, 76th Leg., ch. 996, Sec. 1, eff. Aug. 30,
1999. Amended by Acts 2001, 77th Leg., ch. 480, Sec. 1, eff.
Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 513 (H.B. 1869), Sec. 1,
eff. June 17, 2011.
Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S
PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES.(a)
This section applies only to a municipality that is authorized
under this title to purchase real property or personal property
that is not affixed to real property.
(b) In purchasing under this title any real property,
personal property that is not affixed to real property, or
services, if a municipality receives one or more competitive
sealed bids from a bidder whose principal place of business is
in the municipality and whose bid is within five percent of the
lowest bid price received by the municipality from a bidder who
is not a resident of the municipality, the municipality may
enter into a contract for construction services in an amount of
less than $100,000 or a contract for other purchases in an
amount of less than $500,000 with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is
in the municipality if the governing body of the municipality
determines, in writing, that the local bidder offers the
municipality the best combination of contract price and
additional economic development opportunities for the
municipality created by the contract award, including the
employment of residents of the municipality and increased tax
revenues to the municipality.
(c) This section does not prohibit a municipality from
rejecting all bids.
(d) This section does not apply to the purchase of
telecommunications services or information services, as those
terms are defined by 47 U.S.C. Section 153.
CITY OF LA PORTE, TEXAS
LOCAL BIDDER PREFERENCEPOLICY
Purpose:
The purpose of the policy is to comply with Sections 271.905 and 271.9051 of the Texas Local
Government Code allowing for “Consideration ofBidder’s Principal Place of Business” in the award of
competitively bid contracts.
Procedure:
1.Scope
a.This policy applies to the purchase of real property, personal property that is not affixed to
real property, or services (including construction services) through Competitive Bid.
i.Lowest Responsible Bid-Price is the single determinant factor when awarding a
bid to a responsible bidder.
ii.Best Vale -Price is only one of a number of determining factors that are
weighted for evaluation purposes (Texas Local Government Code 252.043)
2.Criteria
a.Lowest Responsible Bids-
i.A five percent (5%) price differential will apply to construction bids greater than
$50,000 but less than $100,000 and all other bids, including services, greater
than $50,000 but less than $500,000.
Excludes telecommunication and information services.
ii.A three percent (3%) price differential will apply to bids, excluding construction
and services, greater than $500,000.
ThechartbelowisasummaryofthecriteriaforLowestResponsibleBids:
LGC271.9051
LGC271.905
5%pricedifferential3%pricedifferential
Constructionbidsgreater than $50,000
All other bids, excludingconstruction and
but lessthan$100,000
services, greater than $500,000.
Allotherbids,includingservices,greater
than $50,000 or less than$500,000
b.Best Value Bids-
i.Price is the only one of a number of determining factors that are weighted
for evaluation purposes as provided in Texas Local Government Code
252.043. As a result, and additional weighted factor will be added to all
such bidders meeting local preference criteria. The appropriate weight,
either 5% or 3%, will be consistent with the criteria outlined in the chart
above
c. Local Bidder Preference Consideration Application (Attachment)-
i.A new and complete application must be submitted and each competitive bid by
the due date.
ii.This application serves to ensure the qualifications of a bidder as a local and
serves as the basis for meeting the statures requirement that the governing
body in writing, that a bidder is a local bidder.
d. Bidders seeking local preference must meet all specifications and requirements
contained in the bid documents.
3.Exceptions
a.This policy does not apply to purchases obtained through a Request for
Qualifications (RFQ), Request forProposals (RFP), bids involving Federal funds,
Cooperative Purchases, Emergenciesor Inter-local Agreements.
4.The City Council may award a competitively bid contract to the lowest responsible
bidder, local bidder consistent with this policy and state law, or reject all bids.
CITY OF LA PORTE
LOCAL BIDDER PREFERENCEAPPLICATION
Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to
consider a vendor’s location in the determination of a bid award if the lowest bid received is from a
business outside the municipality and contracting with a local bidder would provide the best combination
of price and other economic benefits to the municipality. The City of La Porte, Texashas determined that
the allowable preference shall be applied to local vendor’s bids for the purposes of evaluation when
requested in writing by local bidder and when determined to be in the best interest of the City to do so.
This request form and any supporting documentation must be submitted with bid in order to be
considered bythe City of La Porte, Texas.
Questions should be addressed to the Purchasing
Department at 281-470-5126. Exclusions to the local preference include expenditures of $50,000or less,
and thosepurchases which are; sole source, emergency, federally-funded, cooperative contracts, or via
inter-local agreement.
1.Location Eligibility: Principal place of business in La Porte, Texas. Principal place of business is defined
herein as any business that owns or leases a commercial building within the City limits and uses thebuilding
for actual business operations.
(a)If yes, identify name of business/DBA, address and business structure: sole proprietorship, partnership,
corporation or other.
Name of business/DBA:____________________________________________________
Address:_______________________________________________________________
City:__________________________ State:_____________ Zip:___________________
Sole Proprietorship
Partnership
Corporation
Other ______________________________
(b)Name andcity of residence of owner(s) partners/corporate officers as applicable
Name: ______________________________________
City:________________________________________
2.General Business Information:
(a)Year business established (La Porte location) _________
(b)Most recent year property valuation (if owned); real and personal property $____________
(c)Is business current on all property and sales taxes at the time of this application?________
(d)Total number of current employees_______ and number of La Porte-resident employees ______
3.Economic Development benefits resulting from award of this contract:
(a)Number of additional jobs created______ or retained for La Porte resident-employees ______
(b)Local subcontractor utilized, if applicable; name, location and contract value for each
Name:________________________________
Address:______________________________
Contract Value $________________________
(c)Other economic development benefit deemed pertinent by applicant
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under
penalty of perjury.
City Bid No./Quote for which the local preference is requested:____________________________
______________________________________________________________________________
(Name ofBidder)(Date)
____________________________________
(Signature)
____________________________________
(PrintName)
THE STATE OF TEXAS §
§
COUNTY OF______________§
Appeared before me the above-named_____________________________, known tome to be the
same, and swore that the information provided in response to the foregoing questions are true
and correct to the best of his/her knowledge and belief, this ______ day of _________________,
20___.
________________________________
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:_____________________
Commission Expires:________________