Loading...
R263RESOLUTION NO. 263 A RESOLUTION ADOPTING AN AMENDED CITY OF KENNEDALE INVESTMENT POLICY WHEREAS, the City Council of the City of Kennedale, Texas is required to review the City's investment policy and investment strategies annually; and WHEREAS, this review is authorized by the Public Funds Investment Act, as amended; and WHEREAS, the City Council has reviewed the City's investment policy and investment strategies; and WHEREAS, the City Council now desires not to change the current investment policy adopted on September 13, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: The City Council of the City of Kennedale, Texas hereby approves the Investment Policy dated November 13, 2008, attached hereto as "Exhibit A." PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of November 2008. APPROVED: ~`~~~~~- Mayor, Bryan Lankhorst ATTEST: 6 Kathy Turd ;r, City Secretary ,~ ~ ,.~'. t : , '~~~.~...,e,e, _. ~ n ~ v °~os a+' ~.,T _ P~ ~~rru er~u UH,N CITY OF KENNEDALE KENNE0,4LE INVESTMENT POLICY ADOPTED BY CITY COUNCIL: SEPTEMBER 13, 2001 PREFACE State and local public laws govern the investment process for City funds. Laws cannot ensure that public officials manage public funds in a disciplined and prudent manner. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of Kennedale, that giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines. All City funds shall be invested, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued. To that end, investment interest will be used as a viable and material revenue source for all City funds. Earnings from investments will be used in a manner that will best serve the interest of the City of Kennedale. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. SUBSEQUENT REVIEW 8 ADOPTION SEPTEMBER 12, 2002 OCTOBER 9, 2003 SEPTEMBER 9, 2004 SEPTEMBER 13, 2005 SEPTEMBER 14, 2006 SEPTEMBER 13, 2007 NOVEMBER 13, 2008 2 INTRODUCTION AND OBJECTIVES The investment policy of the City of Kennedale shall be to have all available funds invested, to the maximum extent possible, at the highest rates obtainable at the time of investment. This is in compliance with legal and administrative guidelines, including Chapter 2256 of the Government Code ("Public Funds Investment Act"). The investments shall be consistent with state and local laws and shall be made in accordance with the following hierarchy of objectives: A. Safety of principal and security of investments and City funds and preservation of capital; B. Maintenance of sufficient liquidity to meet operating needs; C. Diversification of investments to avoid unreasonable risks, thus earning public trust from prudent investment activities; D. Maximization of interest earnings on the portfolio. Cash management is the process of managing monies in order to ensure maximum cash availability and maximum yield on short-term investments of idle cash. A cash management program and investment policy will be pursued by the Director of Finance to take advantage of investment interest as a viable and material revenue for all operating and capital funds. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Earnings from investments will be used in a manner that will best serve the interests of the City of Kennedale. The City is required by the Public Funds Investment Act to adopt a formal written Investment Policy. This policy sets forth the investment objectives of the City. II. DEFINITIONS: The following definition of terms shall apply in interpreting this investment policy, and in the implementation of this investment policy: A. "City" means the City of Kennedale, and the Kennedale Economic Development Corporation. B. "Bond Proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by the City and reserves and funds maintained by the City for debt service purposes. C. "Debt Service Funds" means those funds which by ordinance or law must 3 be accumulated and are restricted to the payment of debt. D. "Reserve Funds" means those funds which by ordinance or law must be accumulated and are restricted to the payment of debt in the event debt service funds are insufficient to meet debt service obligations. E. "Book Value" means the face or par value of an investment plus accrued interest or minus amortization or plus accretion. F. "Funds" means public funds in the custody of the City that the City has the authority to invest. G. "Investment Pool" means an entity created under Public Funds Investment Act to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: 1) Preservation and safety of principal; 2) Liquidity; and 3) Yield. H. "Market Value" means the face or par value of an investment multiplied by the price quoted on the valuation date. I. "Pooled Fund Group" means an internally created fund of the City in which one or more institutional accounts (accounting funds) are invested. J. "Separately Invested Asset" means an account or fund (accounting fund) of the City that is not invested in a pooled fund group. K. "Investment" means an individual security or participation in an investment pool or qualified mutual fund. III. DELEGATION AND RESTRICTION OF INVESTMENT AUTHORITY This investment policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment of funds and the designation of an investment officer. The Director of Finance will serve as the investment officer under the direct supervision of the City Manager. The Director may, when necessary, designate additional investment officers. Responsibility and authority for daily investment transactions and cash management reside with the Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff involved in investment management and procedures. The Director of 4 Finance will insure that staff, which is involved in the investment function, complies with all training requirements established by the Public Funds Investment Act. Acceptable sources of training include the Governmental Treasurer's Organization of Texas, the Municipal Treasurer's Association, the Governmental Finance Officers Association, the Governmental Finance Officers Association of Texas, the Texas Municipal League and Texas Society of Certified Public Accountants (CPA). All participants in the investment process shall seek to act responsibly as custodians of public trust. IV. ACCEPTABLE INVESTMENT INSTRUMENTS A. Obligations of the United States or its agencies and instrumentalities; B. Direct obligations of the State of Texas or its agencies; C. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities; D. Obligations 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; E. Commercial Paper that has a stated maturity of 270 days or fewer from the date of issuance and is rated not less than A-1 or P-1 or an equivalent rating by at least two nationally recognized credit rating agencies; F. Certificates of Deposit issued by state and national banks domiciled in the State of Texas and collateralized or fully insured by FDIC or US Government securities; G. Direct repurchase agreements with primary security dealers having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with the City's safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty; H. SEC-registered and regulated, no-load money market mutual funds with a dollar-weighted average portfolio maturity of 90 days or less whose assets comply with the Public Fund Investment Act and whose investment objectives include seeking to maintain a stable net asset value of $1 per share. Investment in mutual funds shall be limited to a maximum of eighty 5 percent (80%) of the City's operating funds. The Public Funds Investment Act authorizes municipalities and other political subdivisions of the State of Texas to invest their public funds jointly through investment pools that complies with the requirements of the Public Funds Investment Act. A decision to participate in an investment pool requires a Participation or Interlocal Agreement to be executed with the State or Interlocal Authority for the investment pool. Participation in these Investment Pools is approved subject to the following conditions: Execution of a Participation or Interlocal Agreement; J. Any investment pool that is created to function as a money market mutual fund must maintain a stable asset value as defined in the Public Funds Investment Act; K. The investment pool maintains a AAA rating by one of the rating agencies; L. Any investment pool that is created to function as a money market mutual fund must maintain a maximum average dollar weighted maturity does not exceed 90 days; M. Any investment pool that does not meet the requirements of one that is created to function as a money market mutual fund must maintain a maximum average dollar weighted maturity that does not exceed 365 days, or 366 days in the case of a leap year, and must provide a fixed interest rate and fixed maturity term for each pool position; N. The investment pool continues compliance with the remaining provisions of the Public Funds Investment Act. The Investment Officers will, in general, maintain a passive investment portfolio in which securities will be purchased with the intent to own the securities until maturity. Safety of principal with due consideration of liquidity is the foremost objective of this investment policy. Each investment transaction shall seek to avoid capital losses from security defaults or erosion of market value. The City will practice competitive bidding orally, by telephone, electronically, by rate comparisons from financial publications, or in any combination of these methods when purchasing an investment to help strengthen the investment process. All investments, other than the placement of funds in Investment Pools, will, when possible, be competitively bid and placed with vendors guaranteeing the highest rate of return. The City reserves the right to reject the most financially 6 favorable bid if it is potentially disruptive to its investment strategy. When appropriate, actual risk of default shall be minimized by adequate collateralization. Market risk shall be minimized by diversification. Diversification shall be directed towards investment instruments, varying maturities, and multiple investment pools and securities dealers. V. UNACCEPTABLE INVESTMENT INSTRUMENTS The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City of Kennedale: A. Collateralized mortgage obligations directly issued by a federal agency; B. Banker's acceptances; C. Reverse repurchase agreements; D. No-load mutual funds other than no-load money market mutual funds; E. Guaranteed investment contracts; F. Share certificates of qualifying credit unions. The following securities, are not authorized by the Public Funds Investment Act: G. Interest-only or principal-only strips of obligations with underlying mortgage-backed security collateral; H. Collateralized mortgage obligations with an inverse floating interest rate. VI. DIVERSIFICATION A. Securities Dealers, Investment Consultants and Banks Competitive bidding of all investments among securities dealers will assure that the City receives the highest yield on its investments. The City shall seek to conduct its investment transactions with several competing, reputable investment securities dealers and brokers to protect principal while achieving full advantage of the market.. It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker\dealers, investment consultants, and banks. All securities dealers must be registered with and certified by the 7 Texas State Securities Commission, National Association of Security Dealers (NASD) and Securities and Exchange Commission (SEC) and must execute the Certification By Business Organization Form (Appendix A). The Director of Finance will submit financial institutions, broker/dealers and consultants to the City Council for approval. Prior to submission, the Director of Finance shall evaluate the soundness of financial institutions, broker/dealers and consultants to the extent he/she considers necessary. Investigation may include review of rating agency reports, review of call reports, and analysis of management, profitability, capitalization, and asset quality. Financial institutions, broker/dealers, and consultants with whom the City wishes to conduct business shall provide the financial data requested by the City. The Director of Finance shall review the information and decide on the soundness of a financial institution, broker/dealer, or consultant before submitting the institution to the City Council for approval. An institution must be approved by the City Council and added to the approved list before any business may be transacted with the City. The Director of Finance will submit the list for approval at least once per year. Additional institutions may be submitted as needed. The City Council shall also be able to limit the number of authorized securities dealers/banks/consultants doing business with the City as required. All banks will be Federal Reserve member banks approved by the City Council. No investments will be placed with savings and loan institutions. Repurchase Agreements will be done only with primary dealers. The master repurchase agreement of the Bond Market Association (BMA) shall be executed between the City and any primary dealer with which the City transacts repurchase agreements. Regardless of reporting status, all securities purchased shall require same day delivery (on settlement date) to the City's safekeeping agent on a delivery versus payment (DVP) basis. By doing so, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. B. Investment Type Market risk shall be minimized by diversification of investment types. The following limits, exclusive of funds placed in Investment Pools, by 8 instrument, are established for the City's total portfolio and will be implemented after adoption of this investment policy. 1) Repurchase Agreements ........................................................50% 2) Certificates of Deposit ..............................................................100% 3) U.S. Treasury Notes/Bonds/Bills ................................................100% 4) U.S. Agencies/Instrumentalities (U.S. Agencies) ...................100% 5) Investment Pools .......................................................................100% 6) Money Market Mutual Funds ....................................80% of Operating Funds 7) Repurchase Agreements..... Collateral Subject To Above Limits 8) Commercial Paper ........................................................................................30~ No more than 50% of the City's total investment portfolio will be invested in any one specific investment pool. To allow efficient and effective placement of proceeds from bond sales, the limit on repurchase agreements may be exceeded for a maximum of five days following the receipt of bond proceeds. C. Investment Strategies The City of Kennedale maintains the following portfolios which will utilize the specific investment strategy considerations designed to address the unique characteristics of the pooled fund groups or separately held investment assets represented in the portfolios: 1) Debt Service Funds The City will maintain one separate debt service fund. Additional debt service funds will be established as required by ordinance or law. These funds will be operated as separately invested assets, with the exception that, for administrative purposes, funds may be commingled with the Consolidated Cash Fund (described below) on a temporary basis. Investment strategies for debt service funds shall have as the primary objective the assurance of investment 9 liquidity adequate to cover the debt service obligation on the required payment date. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes/Bonds/Bills (100%), U.S. Agencies (100%), Investment Pools (100%), and Repurchase Agreements (limited to above percentages on transferred collateral). Securities purchased shall not have a stated final maturity date that exceeds the corresponding debt service payment date. 2) Reserve Funds The City has no reserve funds at this time. Reserve funds will be established as required by ordinance or law. Investment strategies for debt service reserve funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. Maturity limitations for single issue reserve funds shall not exceed the call provisions of the Bond Ordinance and shall not exceed the final maturity of that bond issue. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes/Bonds/Bills (100%), U.S. Agencies (100%), Investment Pools (100%), and Repurchase Agreements (limited to above percentages on transferred collateral). The maximum stated final maturity for investments shall be ten years. 3) Special Project or Special Purpose Funds Special project or special purpose funds may be maintained as separately invested assets or, unless prohibited by controlling 10 ordinances, be commingled in the Consolidated Cash Fund (described below). Should controlling ordinances require segregation of the Fund's assets for investment purposes, the Fund's assets, for administrative purposes, may be commingled with the Consolidated Cash Fund (described below) on a temporary basis. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. Eligible securities for portfolios maintained as separately invested assets and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes/Bonds/Bills (100%), U.S. Agencies (100%), Investment Pools (100%), Money Market Mutual Funds (80%-subject to Public Fund Investment Act limitations), and Repurchase Agreements (limited to above percentages on transferred collateral). The stated final maturity dates of securities held should not exceed the estimated project completion date. Funds in excess of defined construction payments schedules shall be limited to a weighted average days to maturity of three years and a maximum final maturity date of five years. 4) Consolidated Cash Fund The Consolidated Cash Fund shall operate as a pooled fund group and consists of all City funds not designated as another Fund. The investment strategies for the Consolidated Cash Fund have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure that will experience minimal volatility during economic cycles. This may be accomplished by purchasing securities that will complement each other in a laddered or barbell maturity structure. Eligible securities and maximum composition of the portfolio include Certificates of Deposit (100%), U.S. Treasury Notes/Bonds/Bills (1 OO~o), U.S. Agencies (1000) Investment Pools (1000), Money Market Mutual Funds (80%- subject to Public Fund Investment Act limitations) and Repurchase Agreements (limited to above percentages on transferred collateral). The dollar weighted average maturity of the 365 days or less will be calculated using the stated final maturity dates of each security. The maximum maturity date using the stated final maturity date for an individual security is three years. VII. SAFEKEEPING The laws of the State of Texas and prudent financial management require that all purchased securities shall be held in safekeeping by either a City account in a third party financial institution, or the City's safekeeping account in its designated depository bank, or in a Federal Reserve Bank. The safekeeping requirement does not apply to Certificates of Deposit that are FDIC insured. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmations will be used for documentation and retention purposes. The Director of Finance must approve release of collateral prior to its removal from the safekeeping account. VIII. COLLATERALIZATION Consistent with the requirements of State law, the City requires all bank deposits to be federally insured or collateralized with securities approved for investment under Section IV of this policy. Financial institutions serving as City depositories will be required to sign a depository agreement with the City and the City's safekeeping agent or the Federal Reserve Bank. The safekeeping portion of the agreement shall define the City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: A. The agreement must be in writing; B. The agreement has to be executed by the depository and the City contemporaneously with the acquisition of the asset; C. The agreement must be approved by the board of directors or the loan committee of the depository and a copy of the meeting minutes must be delivered to the City, specifically to the Director of Finance; D. The agreement must be part of the depository's "official record" continuously since its execution. The City considers repurchase agreements as simultaneous sales and purchases of securities rather than collateralized loans. However, securities underlying repurchase agreements are referred to as "collateral" for the purpose of this policy. Bank demand deposits and certificates of deposit plus accrued interest up to $100,000 per bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. 12 The Public Funds Investment Act provides that the City may invest in certificates of deposit that are fully guaranteed by the FDIC. Acceptable forms of collateral are limited to investments authorized in Section IV of this policy. Collateral is valued at current market value plus interest accrued through the date of the valuation. Bank demand deposits, certificates of deposit (including accrued interest) and repurchase agreements (par value plus accrued interest) shall be secured by pledged collateral with a market value equal to or not less than 102% of deposits. Evidence of the pledged collateral shall be maintained by the Director of Finance and held by an independent third party financial institution. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution of collateral must contact the Director of Finance or, in his/her absence, the City Manager for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greater than the original collateralization level. The Director of Finance or the City Manager must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowed for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with which the City invests and/or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following: • Name • Type/Description • Par Value • Current Market Value • Maturity Date • Moody's or Standard & Poor's Rating (Both If Available) 13 Under state law, Chapter 105 of the Local Government Code, substitution and release of collateral must be approved by the governing body. The City Council hereby delegates this responsibility and authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy to the Director of Finance. IX. INVESTMENT REPORTING Each quarter, the Director of Finance and investment officers designated by the Director of Finance shall prepare and submit to the City Council a written report of all investment transactions. The report will include the following information: 1) a detailed description of the investment position of the City at the end of the quarter; 2) a summary statement of each pooled fund group that states a) beginning market value for the quarter, additions and changes to the market value during the period, and ending market value for the period; 3) state the book value and market value of each separately invested asset at the beginning and end of the quarter by the type of asset and fund type invested; 4) state the maturity date of each separately invested asset that has a maturity date; 5) state the fund or pooled group fund for which each individual asset was acquired; 6) state fully accrued interest for the reporting quarter; and 7) demonstrate compliance with the investment strategy established in this policy and by the Public Funds Investment Act. Authorized sources of market values included in the report include the Wall Street Journal and First Southwest Company. This report must be prepared jointly and signed by all investment officers of the City and the City Manager. X. PRUDENCE AND ETHICAL STANDARDS The standard of prudence used by the City of Kennedale shall be the "prudent person rule" and shall be applied in the context of managing the overall portfolio. The prudent person rule is restated as follows: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: 1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and 2) whether the investment decision is consistent with this investment policy. 14 Investment Officers shall notify the City Council of any conflicts of interest, as defined in the Public Funds Investment Act, no later than the next regularly scheduled City Council meeting. It is the City's policy that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. XI. ARBITRAGE The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax-exempt general obligation and revenue bond proceeds, debt service funds and reserve funds. These new arbitrage rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and recordkeeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. XII. DEPOSITORIES Chapter 105 of the Local Government Code prescribes procedures for selection of a city depository designating that both general-law and home-rule cities are "authorized to receive applications (as depository) for the custody of city funds from any banking corporation, association, or individual banker doing business within the city." This clause indicates that cities are not required to designate one central depository. The City of Kennedale will, through a request for applications process, designate one or more banks as its primary depository. This centralization is designed to 15 maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The evaluation criteria the City of Kennedale will use to consummate a banking services contract will include: A. Full service capabilities; B. Submission of financial statements and availability schedules; C. Collateralization of the total City funds on deposit in the bank; D. Statement of staff experience and equal opportunity employment practices; E. Cost of banking services. Obtaining competitive applications on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institution's offering the most favorable terms and conditions for the handling of City funds (Chapter 105 of the Local Government Code) and the services available to the City. State law permits a contract period of five years or less. The City's contract shall not exceed this five (5) year contract period. Annual performance reviews of the contract will be conducted by the Director of Finance. Special banking needs may be contracted for by the City outside this policy if approved by the Director of Finance. If a depository does not meet the City's requirements in the banking services contract, the bank will be required to meet the requirements within six months or lose the depository contract. XIII. COMPLIANCE AUDITS The City, in conjunction with its annual financial audit, will require the audit firm to conduct a compliance audit of the management controls on investments and adherence to investment policies. XIV. ANNUAL REVIEW The Director of Finance shall, at a minimum, submit proposed amendments of this policy to the City Council annually. 16 17 APPENDIX A CITY OF KENNEDALE, TEXAS TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION BY BUSINESS ORGANIZATION This certification is executed on behalf of the City of Kennedale, Texas and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the City of Kennedale, Texas (as defined in the Act); and The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the City of Kennedale, Texas; and The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the City of Kennedale, Texas that are not authorized by the investment policy of the City of Kennedale, Texas, except to the extent that this authorization is dependent on an analysis of the makeup of the City of Kennedale, Texas entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative of the Business Organization Name Title Date 18