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HomeMy WebLinkAbout22 INVESTMENT OPT'S 09-15-97 "?NDA NO.. 22 9'15-97 DATE' September 10, 1997 inter-Com TO: Willi_~m A. Huston, city Manager FROM: G.W. Jeffries, City Treasurer SUBJECT: INVESTMENT OPTIONS RECOMMENDATION: Authorize the Mayor to request the Orange County Board of Supervisors to open the Treasurer's Investment Pool to outside local agencies. FISCAL IMPACT: Cost effective operationally and competitive return. DiscussION:'. . . · You will recall my May. 7 letter concerning Investment Options. In response to the Mayor's inquiry, I.suggested that the Orange County Investment Pool. (OCIP) offered a safe, high quality, competitive return option for modest deposits of Tustin City funds. OCIP, thoroughly restructured and well-run,, is whOlly different as both the Mayor and I (as members of the Orange County Treasurer's Advis~y/Comm~tee) ~an attest. G. W. Jef~i¢ ~' city TreaSurer . Attachments Gl./J :Agenda1. Sep DATE: May 7, 199? inter-Com .. TO: FROM: SUBJECT: Honorable Mayor and Members of the City Council G. W. Jeffries, Treasurer INVESTMENT OPTION AND CONCERNS As you may recall during the April 7 meeting, then Mayor Pro Tem Thomas raised the question of the Orange County Treasurer's Investment Pool (OCIP)as a possible investment vehicle. . MY response was that on a business basis;-it Offered an appropriate- highly rated depository and provided a good money market return. I certainly would recommend its use, subject to certain operational and policy considerations both here and at the County. As members of the Treasurers' Advisory Committee, Mayor Thomas and I both know that OCIP bears, no relation to its former self, now performing as a high quality money market fund. Before proceeding further with any.discussion, however, I wanted to hear your individual questions and possible concerns regarding the idea. - _ In order to give you a comparative flavor, I have included for your review a chart of questions typically raised concerning this kind of investment, listing characteristics of four well-known funds. (See Attached Chart) Assume numbers are relatively comparable. Count one point for each "yes" response and sums are as follow: A = 7, B = 4, O = 3, D =-5. A, which is OCIP, is at least competitive, if not the best, perhaps more so than the others. The question then becomes why not'A or why not OCIP. '' The others, respectively, are L.A. County, California Pooled Money Fund, and Institutional Liquid Asset Fund, managed by Goldman Sachs.. I know all three of them, having run one, advised another, and sold the third. If you have questions or comments, please let me know. · . Page I of :~ COMPARATIVE ITEMS Total Assets ($BIL) Treasurer's Protection Diversification Securities all legal Management Longevity (yrs). History of Operation (yrs) Voluntary Members Weighted Average Maturity (WAM/days) ' Rating Outside Credit Bkgd Mark-to-Market (NAV) Expense Ratio (BP) COmpetitive Return A yes yes yes 2O+ 3O+ <5% 60-90 Yes yes yes yes yes yes yes 20+ 30+ 25% 120 no no no yes C 30 no yes yes 20+ 20+ 100% 200 no no no yes 1-50 no yes no ,5 est 25 100% 45-60 no yes yes 15-40 yes GI4J: I nvOpt 1; Hay Page 2 of 2 DATE: July' 21, 1997 Inter-Com TO: FROM' SUBJECT: Honorable Mayor and Members of the City Council Donnie L. Smith, Audit Committee Chairman AUDIT COMMITTEE RECOMMENDATION REGARDING THE OP~NGE COUNTY INVESTMENT POOL (OCIP) Reference: Maureen F. Gallogly and John Garner Joint Memorandum Dated July 17, 1991 As you are no doUbt aware, the ~udit Committee foe some 'week~ has been reviewing the possibility of recommending that the City begin investing funds into the Orange County Investment Pool (OCIP), when and if the BOard of Supervisors opens it to outside participants. Two Audit Committee Members and the City Treasurer met With John Moorlach's staff on June 16, 1997, for the purpose of reviewing the current Pool structure. They were very impressed with the quality of the Pool. Please refer to the attached referenced memorandum for additional details. Based upon this reView of the Orange County Investment Pool',.-the high quality of the Pool and of its managing staff, the Audit Committee unanimously recommends an allocation of uP to five percent (5'%) to the pool at the discretion .of the City Treasurer when voluntary participants are accepted. The Audit Committee has recommended only five percent (5%) as an initial allocation. However, downstream after the City Treasurer has experienced satisfactory working relationships with OCIP, and the rates remain competitive, the Audit Committee will again review the possibility of recommending to the City Council an additional five percent allocation to OCiP. The maximum allocation is ten percent (10%). The Audit Committee believes such a five percent (5%) allocation is in the best cash management interests of our City, while at. the same time aiding in the County's recovery effort through the Orange County Investment Pool ' s acceptance by outside voluntary participants. Should you have any further questions or would like to discuss this Audit Committee recommendation, please do not hesitate to contaCt me at 714-838-3237. Donnie L. Smith Au4it Committee Chairman DLS:ts Attachment cc: William A. Huston, City Manager G.' W..Jeffries, City Treasurer Ronald'A.' NaUlt,~-Finance'Director ............. Lois.E. Jeffrey, City Attorney Maureen F. Gallogly, Audit Committee Member John Garner, Audit committee Member Walter Sullens, Audit Committee Member Sheldon Weiner, AUdit. Committee Member Gt~J :OC[ P1 ~DLS SE~T BY: .7-97 ; 11'51 ; U.S. 8384603;# 2/ 2 MEMOt~ANDLIM to: from: re: date: Donnle Smith Chairman - Tustin Audit Committee Maureen F. Gallogly & John Garner Orange County Pool July 17, 1997 We, along with George Jeffrles, met with John Moorlach's staff on June 16th for the purpose of reviewing the pool for possible investment 'by the City. We met with Daniel Hempel, Assistant Treasurer, William Eberhardt Jr., Assistant Investment Officer and Judith Jacobson, Investment Officer. Mr. Hempel indicated that several groups have been in to ~'kick the tires" but no action has been taken regarding new investment in the pool. We were quite impressed with the quality of the pool, the investment process the staff goes through and the monthly report produced. We reviewed the May 1997 report and their business plan dated February 25, t 997. Highlights: 83% of the portfolio is invested in CD'S, Commercial Paper & Banker's Acceptances which are highly liquid. The remainder is in U,S. Treasuries, Agencies and Medium term notes. Money market funds represent 1% of the portfolio. The monthly report includes a six month cash. availability report to insure the County can pay it's bills and the portfolio is compared to it's Investment Policy guidelines. The TreaSury Oversight Committee & Treasurer's Advisory Committee have established. The latter is chaired by deft Thomas and Mr. d~fries is a member. · been The rating firm Fitch Investors Service, L.P. has been retained to rate the Investment pools and perform [he annual invesflnent policy compliance audit. The service is performed quarterly. CleaHy John Moorlach has done a terrific job of turning around and upgrading the Treasurer's office. We believe that with the scrutiny of the two oversight committees, the Board of Supervisors, Fitch Investors Service and the public, the City of Tusfin should consider utilizing the fund. The returns on the P0ol have been good and the expense ratio Iow. We recommend an allocation of no[ more than 10% of our funds be available for investment in the fund should the Board of Supervisors permit. · Finance Department City of Tustin 300 Centennial Way Tustin, CA 92780 CITY OF ' TUSTIN ST/~TEMENT OF INVESTMENT POLICY Director (714) 573-3061 Secretary (714) 573-3060 Water Billing (7~14) 573-3075 I · GENERAL. FAX (714) 832-0825 PURPOSE- This statement is intended to provide guidelines-for the investment of the City's'temporary idle cash, and to outline the policies for maximizing the efficiency of the city's Cash Management System. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash. It is the intent of the City Council that all deposit and investment activities authorized by · this policy shall be at the sole discretion of the city Treasurer as to selection and appropriateness. SCOPE It is intended that this policy cover all funds and investment activities under the direct authority of the City. OBJECTIVE The city's Cash Management System is designed to monitor and forecast expenditures and revenues, thus 'enabling the City to invest funds to the fullest extent possible. The City investments meet the criteria established for safety 'and availability. The investment portfolio will be diversified to avoid· incurring unreasonable risks regarding specific security types or individual financial institutions. POLICY The city of Tustin operates its temporary pooled idle cash investments under the prudent'man rule (civil Code Sec. 2261, et seq. and Government Code Section 53600.3). The prudent man rule states, in essence, that "in investing .... property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs .... " This affords the City a broad spectrum of investment opportunities so long as the investment is deemed prudent and allowable under current legislation of the State of California (Government Code Section 53600 et seq.) and the guidelines established by the following prioritized criteria for selecting investments: 1. Safety. It is the primary duty and responsibility of the City, City Council, City Treasurer and Director of Finance'at all times to protect, preserve and maintain intact the principal placed in trust with the City on behalf of the citizens of the community. z. Availability. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities which can be converted to cash as necessary to meet disbursement requirements. 3.. Yield. Yield is to be a consideration only after the basic requirements.._ ~ ..... of adequate safety and availability have been met. - Legal Investment Authority. Temporarily idle monies shall be invested in accordance with State and local laws and regulations and.this Statement of Investment Policy. Statement of InVestment Policy. Each year after review and report by the Audit Committee, the Treasurer shall, submit to the City Council a proposed Statement of Investment Policy for Council consideration and adoption as submitted or as revised by the City Council. ' Cash Purchase Only. Ail securities shall be purchased on a delivery vs payment (DVP) basis only. Securities shall not-be purchased on margin, credit or for other than full cash payment-and shall not be pledged as collateral. Reverse Repurchase Aqreements. Funds shall not be invested directly in reverse repurchase agreements, Selling securities Prior to Maturity. Generally, losses will be acceptable on a sale before maturity if the reinvested proceeds will earn income with a present value greater than the present value of the income that would have been 'generated by the old investment, considering any capital loss or foregone interest on the original investment. Performance Standards. The investment portfolio will be designed to obtain a market-average rate of return during budgetary and economic cycles, .taking into .account the City's investment risk constraints and cash flow needs. The market-average rate of return is defined as the U.S. Treasury note yield- which most closeIy matches the average portfolio LIFE as stated on the monthly inVestment report, using a 12-month moving average. Quarterly Reports. The Treasurer shall render a quarterly report to the .' City Council, City .Manager and internal and external. auditors, which states its relationship to the Statement of Investment Policy. Sample attached, Exhibit I. Required elements of the quarterly report, are as follows: a. Type of investment. b. Institution. c Date of maturity. d. Amount of deposit or cost of the security. e. Rate of interest. f. Statement relating the report to the Statement of Investment Policy. g. Statement that there are..sufficient funds to meet the next 6 months' obligations. h. The current book value. i. The current market value. j.''-AVerage portfolio' life. ' k. Average portfolio yield. 1. Current treasury yield that most .closely matches average portfolio life. Reports of the State Treasurer's Local Agency Investment Fund (LAIF) or other qualified funds shall be accepted in lieu of subparagraphs a. through 1. to support City deposit's in the funds. The Treasurer also shall render a monthly report of investment transactions. Sample attached, Exhibit II. II. GUIDELINES. The' following directions and. limitations are established hereby to direct and control investment activities in such a manner that above-stated goals~ are achieved. Delegation of Authority. California Government code, section 53607 provides the authority for the legislative body of the local agency to invest funds of the local agency or to delegate, that full responsibility to the Treasurer of the local agency. Under City of Tustin Ordinance No. 832, the.City Council has authorized the City Treasurer to invest city funds in accordance with. California Government. Code Section 53600, et. seq. Ethics and Conflicts of Interest. The City Treasurer shall refrain from personal business activity that could conflictwith proper 'execution of the investment program or which could impair the · ability to makeimpartial investment deGisions. The City Treasurer is governed by Government Code Section 1090 et.seq.; the Political Reform Act of 1974 regarding disclosure of material financial' interestS; ~disqualification requirements and the City's gift regulation. Investment .Transactions. Every investment transaction shall be reviewed, authorized and documented by the Treasurer. ., Pooled Cash. Wherever practical, the City's cash shall be consolidated into one bank account and invested on a pooled basis. Interest earnings shall be allocated according to each fund's cash balance as required. Competitive Bids. Purchase and sale of securities shall be made on the basis of documented competitive offers and 'bids whenever practical. Documented opinions of reasonableness are acCeptable substitutes if necessary. Cash Forecast. The cash flow for the City shall be analyzed with the receipt'of revenues and maturity of investments scheduled so that adequate, cash will be available to meet disbursement requirements. In~estment-Limitati°ns.- Security pUrchaSes~"depO'sits and holdings s-~al~e ~ ~-~h statutory limits imposed by ~he California Government-Code and shall-include Only the following: ao Certificates of Deposit (or time deposits) of less than $100,000 may be placed with commercial banks, savings and loan institutions and federally insured industrial loan companies (with a percentage of equity to assets of not less than three (3) percent to the extent they are fully insured by. the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation as required by the Government Code). Deposits in excess of $100,0'00 may be made based on a full evaluation of financial soundness of the depository and approved collateral at the required percentage of market value in accordance with California Government Code Section 53651 and 53652. Evaluation of financial soundness shall be based on a minimum equity.to asset ratio of three (3) percent; $100 million, of assets minimum; continued profitability with a minimum rating.service rating of A or better. The maximum deposit per institution shall not exceed the lesser of $1 million, or ten (10) percent of the bank's capital (or equity account as measured by Findley's Bank-A-Lert Report). Total non-insured deposits shall not exceed ten (10) percent of invested funds and limited to a maximum maturity of one year. be Prime quality'Commercial Paper, highest letter and'numerical short term debt ratings by Moody's or Standard and Poors, A1 or P1 or equivalent; but not to exceed twenty-five (25) percent of invested funds at the time of purchase and limited to a maximum maturity of ninety (90) days. Average weighted maturity shall not exceed 31 days if Commercial Paper exceeds fifteen (15) percent of total portfolio assets. Ce Government-sponsored pools, such as California· State Treasurer's Local Agency Investment FUnd (LAIF), and Mutual FUnds, as authorized by California Government Code section 53601 et' seq. if in the judgment of the Treasurer, they meet MTA of US&C suggested due diligence standards, or are rated in the highest category by a nationally recognized rating service. d. Commercial Bank Time Drafts (Bankers AcCeptances), highest letter and numerical short'term debt ratings by Moody's or Standard andPoors, A1 or P1 or equivalent; but not in excess of twenty-fly. (25) percent of invested funds at the time Of purchase with a maximum maturity of one hundred and eighty (180) days. e. Corporate notes of a maximum maturity of five (5) years remaining to stated final maturity~ issued by corporations organized'and operating within the U.S. Or by depository institutions licensed by the U.S. or any State, and.operating within the 'U.S. ~ Notes eligible for investment under this subdivision shall have a' long term debt rating of AA or its equivalent by Moody's or Standard and Poors. Purchases may not exceed ten (10) percent of invested funds at the time of purchase. fe Federal Agency bonds or notes, but not in excess of fifty (50) percent of invested funds.at time of purchase with a maximum maturity of five (5) years remaining to stated final maturity. ge U.S, Treasury securities'not exceeding five (5) years to final maturity. h.. Investment Contracts. Bond 'proceeds may be placed in investment contracts, if authorized by borrowing documents. Guarantors.of such contracts shall have at.least an AA rating by two major investment services. Contracts shall contain' market value protection in case of downgrading by including delivery of cash or Treasury securities, at the election of the City. ie Mutual Funds. Money market 'mutual funds as permitted by California Government Code 53601(k) are authorized if deemed appropriate by the Treasurer after due diligence similar to Investment Limitations~(subparagraph c). LiqUidity. The marketability (salability) of a security shall be considered at the time of purchase since the security may have to be sold at a later date to' meet an unanticipated cash demand. Maturity Limitations. AS a general rule, intermediate_term maturities shall not represent a significant percentage of. the total portfolio. Unless previously authorized by City Council, no investment may have a term final stated maturity-longer than five (5) years. At the time of purchase, holdings with maturities greater than one (1) year shall not exceed thirty-five (35) percent of the total portfolio. Collateral.' Collateral requirements are addressed in California Government Code Section 53652. All active and inactive deposits must be secured at all times with eligible securities in securities pools pursuant to Sections 53656 and 53657. Eligible securities held as collateral shall have a market value in excess of the total · amount of all deposits of a depoSitory.as follows: --government securities at least 110 percent. --mortgage backed securities, at least 150 percent- Authorized Broker/Dealers. Investments shall be transacted only through Authorized Broker/Dealers which have been reviewed and approved by the Treasurer for reliability, credit worthiness and trustworthiness. Diversification. The portfolio shall consist of various types of securities approved by statute and this Statement of Investment Policy, as well as varied issuers and maturities. Safekeeping. Securities purchased from broker/dealers shall be held in third party safekeeping by 'the trust department of' ~he local agency's bank, or by other third party trustee designate~ by the Treasurer. Said securities shall be held in the name of the City with the trustee executing agreements and confirmations .of investment transactions as directed by the City Treasurer. III. STRATEGY. Strategy refers to the plan to manage financial resources in the most advantageous manner. Economic Forecasts. The Treasurer periodically may obtain economic forecasts from economists and financial experts through bankers and broker/dealers in order to assist in the formulation of'inVestment plans. Implementinq Investment Strategic;. The Treasurer shall execute investment transactions which conform to current and anticipated cash requirements, interest rate trends, and stated investment strategy. Relationships. The Treasurer shall maintain, a close working relationship with the departments of the City to anticipate and accommodate disbursements of City funds. For liquidity planning purposes, Department Heads shall apprise the Treasurer when large expenditures (over $500,000) are anticipated. Preserve Portfolio Value. The Treasurer shall develop an investment strategy that maintains earnings near the market and preserves the value of the City's portfolio. Internal Controls. The Finance Department shall establish a system of internal controls which shall be reviewed annually, With the 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 action by employees and officers of the City of Tustin. The City.attempts'to invest 100% of all available funds through daily and projected cash flow determinations and after consideration of bank requirements for clearings and services. Management of idle cash and investment transactions is the responsibility of the City Treasurer. The City's investment philosophy is to insure that money is always safe and available when needed. The city of Tustin Audit Committee shall review the City's Investment Policy with the City Treasurer .at least annually. Exceptions to the pOlicy shall receive prior approval of the Audit Committee. Proposed amendments Will be brought to :the-City Council for final action upon the recommendation of the Committee. Adopted by the city Council: 4-7-97 Eml::Op: I nvPo[97. FIN TREASURY MANAGEMENT REPORT FOR THE MONTH- ENDED July 31, 1997 COUNTY OF ORANGE STATE OF CALIFORNIA JOHN M. W. MOORLACH, C.P.A., CFP TREASURER-TAX COLLECTOR JOHN M. W. MOORLACH, C.P.A., CFP ORANGE COUNTY TREASURER-TAX COLLECTOR III. IV. VI Vii IX. X. XI. XII. TREASURER'S MANAGEMENT'REPORT For the month ended July 3 I, 1997 Table of Contents Cover letter ........... eeellelleeeelleleeelllellllelll eeeleeeeeeee I Investment Pool balances at market value and book cost, average durations, current and average yields, current net asset values, and investment and cash to fund accounting reconciliation .......................................... 8 Benchmark comparisons .................. ' ...................... 9 Composition charts and graphs ......................................... I0 Cash availability proiection per California Government Code Section 53646(b)(3) .... Statement of accountability ..... IIIIIIIIiiiiiiiiiiiii!11111 13 Portfolio investment inventory with market values ............................ 15 Detail Transaction ReporC ............... . ...................... 34 · · · · · · · Investment inventory daily report as of month end by maturity dates .............. 45 Noncompliance report. .............................................. 52 A. July 3 I, 1997 B. Frtch Investors Service, L.P. compliance audit report for the quarter ended June 30, 1997 Distribution Ust.. ' · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Investment Policy Interpretations ........................................69 ESTABLISHED 1889 OFFICE OF THE TREASURER-TAX COLLECTOR JOHN M. W. MOORLACH, C.P.A., CFP TREASURER-TAX COLLECTOR TELEPHONE: (714) 834-2911 FAX: (714) 834-2912 TREASURER OFFICE ADDRESS HALL OF FINANCE & RECORDS RM. G76, 12 CIVIC CENTER PLAZA P.O. BOX 4515 . SANTA ANA, CALIFORNIA 92702 August I I, 1997 IN REPLY PLEASE REFER TO: TO: FROM: SUBJECT: Board of Supervisors Jan Mittermeier, Chief Executive Officer Treasury Oversight Committee Treasurer's Advisory Committee ParticiPants John M. W. Moorlach, C.P.A., CFP~~ ~ Treasurer-Tax Collector Treasury Management Report for July, 1997 At~ched please find the Treasury Management Report for the County of Orange for the month ended July 31, 1997. This monthly report provides the reader with the portfolio composition of our investment pools and their activities during the month. TREASURER'S REPORT In order to assist you in reading this report, please note that the "current balances" reflect the investments recorded in the portfolios for each particular fund for the period ending July 3 I, 1997. Each pool has an average maturity of less than ninety days, with a net asset value (NAV) falling within the range of $0.9950 and $1.0050. All investments are marked to the market at the end of the reporting period due to the narrow valuation range prescribed by the Pools' investment policy statement. The reports reflect the 'par' value (face value), the 'book" value (cost to the County of the investment) and 'market' value (the price of each security at the close of the market on the last trading day of the month). The difference between the "market" value and "i:x:x:~' value is the unrealized gain or (loss). The "Detail Transaction Report Section" is provided in compliance with California Government Code Section 53607, which requires that the Treasurer file such a report with the Board of Supervisors, from whom his investment authority has been delegated. Board of Supervisors Page 2 August I I, 1997 STAFF1NG CHANGE The Assistant'Treasurer, Mr. Daniel J. Hempel, resigned from his position with the County effective July 22, 1997. Dan wanted to reduce his commute from Pasadena. His new positiOn, Treasurer for the City of Alhambra, is only seven miles from home. We wish Dan well in his new endeavor. In the meantime, a recruitment is being pursued to fill this vacancy. INVESTMENTS The Treasurer is required by California Government Code to have the Board of Supervisors once a year approve the Investment Policy Statement (IPS). We went through this approval process in February, 1997. A new authorized investment to the IPS at that time was Medium Term Notes (MTN). Since then the Investment Division has become aware of unique distinctions in this investment that were not addressed in the IPS. Attached to this report are two interpretations recently reviewed and approved by the Treasurer's Advisory Committee and signed by myself. These interpretations, the definition of MTN and short-term debt ratings applying to MTN, will be incorporated into the IPS when it is updated next year. I would like to point out how fortuitous it was for us to add MTN to our IPS. The Investment Division was able to invest in longer maturities, capturing the top of the fixed income market with securities yielding as high as 6.3696. Currently the same investmen~ would yield close to 5.80%. Despite our capitalizing on this opportunity with MTN, interest rates are going down and we anticipate our overall I:X:~dio yield to follow. For the quarter ending September 30, 1997, I am projecting a portfolio yield dose to 5.50%. This is a decrease from its current level of 5.75%. For fiscal year end, June 30, 1998, I am staying with my prior estimate of 4.90%. ECONOMIC OBSERVATIONS The ec~ is going strong and there is no inflation. This is the general opinion of Alan Greenspan, Chairman of the Federal Open Market Committee (FOMC), and the rest of the investment community. As evidenced by the current rally in the bond market and the record levels achieved in the stock market, an optimistic attitude tdward the ec~ is pervasive throughout the counto,. The attached charts described below are indications of this unprecedented economic era. The 20-year Iow for unemployment has not impacted the employment cost index or personal income (EXH Brr Board of Supervisors Page 3. August II, 1997 [] The National Assodation of Purchasing Managers survey remains high (anything over 50), hoWever the price component stayed below 50 for the third month in a row (EXHIBIT 2) · [] Consumer confidence has soared to an all time high. New home sales are on the rise as consumers take advantage of the lower mortgage rates (EXHIBIT 3). Wr~z~t any significant change in the economic data, a FOMC tightening in interest rates remains unlikely. We remain confident in our investment strategy. As you can see (EXNIBIT 4), the current yield in the portfolio, 5.7596, compares favorably with the 30-year Treasury Bond and with much less risk. If you have any questions, please do not hesitate to contact us. Board of Supervisors Page 4 August I I, 1997 RATE GRAPH for US UNEMPLOY RTS TOTAL R.~GE ~ TO ~ PERIOD ~ (D-U-M-Q-Y)' :0 · e,~ 707 4.1 · · . ! , , .' ...... , . . · · · · RATE GRAPH for EM'PLOYMENT COST SA ~o CHNG RANGE ~ TO ~ PERIOD ~] (D-U-M-Q-Y) 2.00 l.lO 1.4~ ..l.O SEPmS SEl~& SEPi7 SEllS& SEPI'9 SEPgO SEPSI SEP92 SEPt3 '¢El~4 S.E~o9 SEI"9~ .40 RATE GRAPH for PERSONAL INC:T6T n-0-n ~ cH RANGE~ TO I~]~PERZOD E (D-U-n-Q-y) . #lg*, .I.LI 12/31/12 -.J-~ ~ · &/.31/'J,4 i -4 -, I . . [ , , ' P E C E N T P E R C E N T P E C E N T EXHIBIT 1 '. Board of Super~sors Page 5 August II, 1997 RATE GRAPH for 'NATL ASs. PRCH MG NAPM PMT RANGE m~ TO ~ PERIOD j (D-U-H-Q-Y) ~LOSE/~XD Last 55.7 on 06/J0/97/~ High 57.i on ~/3Z/97 / ~ 44.7 on 01/31/9G , / , ' ~ ' ' ' , , ~ i , : 54 52 5O 4& 4G SEPg5 NOV91 .TAN96 . ft~R96f~Y96 ~I'UL96 SEPg6 Hovg6 2'ANg7 1~4d~ 97 · RATE GRAPH for NATL ASS. PRCH MG PRTCES RANGE ~ TO ~ PERIOD ~ (D-U-H-Q-Y) 6O S0 40 30 APRS& ~ANS9 OCTSg .TUL90 AP~gl ~ANgZ 0CT92 .TUL93 APR94 3,idfgS OCTgS 2*IJL~;~ a,P'R97 80 : EXHYBIT 2 Board of Supervisors Page 6 August II, 1997 RATE GRAPH for CONSUMER CONFTD CONFIDENCE RANGE ~ TO ~ PERIOD ~ (D-U-M-Q-y) i , CLOS F.,qiZD - Last ~2G.5 o~ 07/31/97 High I2'~J.g on O&/JO/4J7 Ave Lo~, 47.3 on 02.,/29/92 AU~9 120 100 ;0 40 AUG83 AUGS! AUG87 AUG89 AUG91 AUG93 AUGC~. VALUE GRAPH for NEI,J HOME SALE RANGE ~ TO ~ PERIOD ~ (D-U-M-O-Y) TOT SOLD 900 800 700 &O0 5O0 400 .,"U L8 S ~UL86 ,TULS~ 7UL88 .?UL89 7ULDO ,TUL9.TULO2 TULg3 11JI ~4. Till EXHIBIT 3 -i- X ill ORANGE 'COUNTY TREASURER-TAX COLLECTOR INVESTMENT BALANCES FOR THE MONTH ENDED: JULY 31, 1997 STATISTICS-~~ ~ ;!;!Averagei~ i O.C. Treasurer's Money MA~KETVa~ue $1,522,741,557.20 5 72% ] ~ .... ] Market Commingled BOOK Va,u° (Corn i;ilii ;!i! :i ~iiii! !ilii!!~!!i!~;~':~['~='~!380 62:'i: ' ' ' e,.uuu ' Inves~ent Pool AV~ aala~ $1, 507, 262, 672. 97 5. 75% Fund #694 O.C. Treasurer's Money Market Educational Investment Pool MARKET Va~,, $759,430,538.70 BOOK va~uo (co,t)iiiii!~i~i!!~ii!ii Av~ ~a~ $759,820, 673.29 74/74 5.78% 5. 77% $1.001 SPecific Investment Funds: 112,116,118,132,139,148, 149,161,488,496,498,503, 505,506,515,528,553,556, 557,558 & 755 NON POOLED INVESTMENTS ** ' ¥ , :': __ ...... I u.s. Treasuries ~00.-~ MARKETVa~ $82,473,334.27 Interest Bearing ACcoun~ ................. 6,149,872.98 BOOKValue (C°'t)iiii!ii!!i!i~iiiiiiiiil;iiiiii!iii~~ii~):52';i~ Guaranteed Investment Contracts 27,795,629.62 Ave Ba~an~ $77,487, 764.94 Money Market Funds 33,033,748.71 RePurchase Agreements 15,391,489.21 $82,470,740.52 COUNTY POOLED INVESTMENTS I~ COST COUNTY CASH SCHOOL POOLED INVESTMENTS l~ COST SCHOOL CASH NON POOLED INVESTMENTS. ~ COST $1,51 9,455,380.62 16,956,282.95 756,394,304.34 (2,809,723.19) 82,470,740.52 MONTH END TOTALS $2,372,466,985.24 COUNTY FUNDS SCHOOL FUNDS SPECIFIC INVESTMENTS $1,536,411,663.57 753,584,58i.15 82,470,740.52 $2,372,466,985.24 * Net Book Value is computed as Book Value reduced by purchased interest plus the amortization of premium and increased by the accretion of discount of the Investment Portfolio. ** Spedfic non pooled investments are reported in compliance with Government Code Section 53646 (b)(1). Detailed descriptions are included in the inventory listing in Section VII. " "' !:!.si:i: _~ ~ = - -~ ........... , -~ ~ ~ ~ - .~.,...- ~ ~ ~ ....... ~., ~ ~.  :::~: :5~: ;:~: ~:~:~: ~...~..... ,:~: ~: ~ I .)[:);:~: .....  ..... .I ~S~ --. ::~:.. O~ Z ~ t ~ · I , ,' ', i ~' . ~ ' , ! i i ~ : I-= iill i i !~,.i I ! ! ! : il:i! ] i i ! ; i ! : i l ' ' ' "1- 0 Z 133 >- I-- Z o 8 Z o o 0 ~ o W Z 0 Z Z UJ Z I-- UJ 0 O~ Z Z o W n I- m ,Z n- 0 ,,, F_.. g UJ I- l !-- UJ ORANGE COUNTY TREASURER-TAX COLLECTOR CASH AVAILABILITY PROJECTION FOR THE SlX MONTHS ENDING JANUARY 31, 1998 Government Code Section 53646 (b) (3), effective on January 1, 1996, requires the Treasurer-Tax Collector to include a statement in the investment repo.rt, denoting the ability of the Orange County Treasurer's Money Market Commingled Investment Pool (OCTMMCIP) to meet its expenditure requirements for the next six months. The OCTMMCIP consists of funds in its treasury deposited by various entities required to do so by statute, as well as those entities voluntarily depositing monies in accordance with Government Code Section 53684. The Treasurer-Tax Collector is required to disburse monies placed in the treasury as directed by the 'Auditor-Controller, except for the making of legal investments, to the extent funds are transferred to one or more clearing funds in accordance with Government Code Section 29808. The Treasurer-Tax Collector, in his projection of cash availability to disburse funds as directed by the Auditor-Controller, is relying exclusively on historical activity involving OCTMMCIP deposits and disbursements and future cash flow projections. No representation is made as to an individual depositor's ability to meet their anticipated expenditures with anticipated revenues. The Cash Availability Projection for the six months ending January 31, 1998 indicates the ability of the pool to meet projected cash flow requirements. However, there will usually be differences between projected and actual results because events and circumstanCes frequently do not occur as expected, and those differences may be material. _.._.._.__ SIX MONTH CASH AVAILABILITY PROJECTION ~:.L'"-i ':??tilil .' :;::';i.:''. :'. :i::;;:::'?.;:.!;.:. i~*~'St~:~'t; ' ~i::~ .' '. :i!ii :~ject~a:.::;':- ;;:i: :-ProjeCted '::~::~;~::... i;::ii~ii~:~'0sit~'?i!;::.. :::i':!i::~. Di§burSement JJ. uly 1997--~ ~ash ...... IIAugust C~Li.mulatiV'-"7- A~i'~iable G'ash September. October November December JanuarY 1998 $16,956,283 $734,848,353 $164,479,225 $186,720,579 729,563,282 254,710,677 148,420,114 228,043,918 904,650,155 123,133,656 225,118,895 202,151,835 1,050,750,871 63,734,083 287,082,030 320,121,877 1,081,445,107 61,340,000 972,267,520 789,007,452 1,326,045,175 0 190,539,385 271,246,543 1,245,338,017 ORANGE COUNTY TREASURER-TAX COLLECTOR STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED: JULY 31, 1997 Treasurer's Accountability at the Beginning of the Month Cash Receipts: County Schools Charge backs Total Cash Receipts $229,378,164.96 122,112,725.90 7,064.00 $2,438,946,616.38 351,497,954.86 Cash Disbursements: County Schools Checks returned for non sufficient funds Investments (net of maturities) Total Cash Disbursements Net Change in Book Value of Pooled Assets Net Increase in Specific Investments Treasurer's Accountability at the End of the Month" 217,067,104.09 200,649,759.83 253,798.89 5,814,621.00 423,785,283.81 (72,287,328.95) 5,807,697.81 $2,372,466,985.24 Assets in the Treasury at JUly 31, 1997 O.C. Treasurer's Money Market Commingled Investment Pool Specific investments Cash' in banks (including Schools) Cash in vault O.C. Treasurer's Money Market Educational Investment Pool $1,519,455,380.62 82,470,740.52 14,080,101.85 66,457.91 756,394,304.34 $2,372,466,985.24 Califomia Govemment Code Section 27063 requires the Treasury to file with the Board of Supervisors on a monthly basis a detail~ report of money received and disbursed. This report is filed with the Board of Supervisors in compliance with Section 27063. ~r~ U * 00 00 o o o o o o o o o o u~ o 0~0000 0~0000 0~0~0~ 0~0~ 0~0~ 0~0~ 0~ 0 o~§~§§°~~o~ 0~0~000~0~ 0~000~0~0~ 0~0~0~0~0~ 0o0o0o0o o ~ ~ M ~ 0 1S o~ ~,o oOoO o o o 0 ~ 0 0 0 0 0 o o o o ' o o §§ go° 0 · i~ . o ~ o o o o o o o o o o o L~ o I~o o I~ o ~o o i~ o i~ 0 H o c~ 0 ,go° o o o~ ~o~ 18, §§ gg o 0 0 0 c~ 0 ooo~ ooo~ oooo oooo o ~ ~ ~ o ~ 0 0 ~ o 0~000~000~0~0~0~0~0~000~0 0~0~0~0~0~0~0~0~0~0~000~00 o~o~o~o~o~o~o~o~ooo~o~ooo~ o~o~o~omo~o~o~o~o~o~o~oo 2O ~ ~ ,-4 .-, .-4 ~ooomooooo~ooomo~ ~o~o~o~oo~mo~o~ ~ ,0 ~ o., ~ o~ ,~ o , ~l .-4 .q,, t~ ~ ;,0 0 go° · 0 ~11 o ~ ell 21 t~ t'~ · 0 ~ m ~ ~- m o r~ 0 000~0~0~0~0~000~00000~000~ 0~0~0~0~0~0~0~0~000~0~00~ 0~0~0~0~0~0~0~0~0~0~0~00~~ 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o~ 0 · 0 ~ o o o 0 23 oo o o ° · o c) 0 o~~o ~o ~ ~ ~.~0~000~000~ 000~0~0~0~0~0 000~0~0~0~0~0~ ~§~ooo~ooo 000~0000 0 0 ................ 0~000~0~0~00000~ ........... ~Gd~ 0~0~0~0~0~0 g~g~,§gggg~g~gg§~ o 0 II H 2S oo ~8 ~00~0~0000~ 0~0 0 0~0~0 · . . . . . . . . . . . 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II ,, II o II o II o II ~ II ~ II ,,,,t II II ~, II II N '11 II ~ II II II II II II II II II 0 IIN II 0 III=~ II · II· II 0 II0 II 0 II',,.1' II 0 IIN II- ~.II',- II 0 II0 II 0 III",,- II ~ II~ II II',, II IIN II II¢~0 II II II II II II- II II II 0 IICDII 0 II0 II 0 II0 II · II· II 0 II0 II CDII0 II · -' II~ II ~0 II ~ II I0 II I'~II I0 II K II I· II · II ~O~II '~tII , II II ,0 III",.,, II ,0 III'"... II ,0 III".,. II '· II· II $! >..uJ I-.~ Z~ O> Oz Z 52 .~range County ~rreasurer-Tax Col~. _.or Noncompliance Report Summary July 31, 1997 During July there were four noncompliance incidents in the Educational Investment Pool and three in the County Investment Pool. Although certain Investment Policy Statement guidel!nes w;ere temporarily exceeded, the Treasurer believes there was no material impact of a negative nature to the County or Educational Pools' investment portfolios. The incidents for the respective investment pools are reported as follows: Educational Investment Pool - 7-03 The percentage of Commercial Paper held from one issuer exceeded 5 percent of the market value of the portfolio. The percentage of overall portfolio holdings for a single issuer exceeded 5 percent of the market value of the' portfolio. Due to an error made while determining the current holdings of Block Financial, an additional investment was made increasing the total holdings to 5.87 percent. The acquisition matured on July 7 (the next business day), bringing the total holdings of any - - single issuer back in{o c°mpliancel 7-18 The percentage of Commercial Paper held from one issuer exceeded 5 percent of the market value of the portfolio.. The percentage Of overall portfolio holdings for a single issuer exceeded 5 percent of the market value of the portfolio. Due to confusion about the appropriate name for Block Financial, an additional investment was made increasing the total holdings to 6.93 percent. The issuer of the commercial paper program is Block Financial however the broker referred to and listed the issuer as H&K Block on the trade confirmation. The new investment was recorded in the Treasurer's inventory as H&K Block. Previous purchases for this issuer were liste_d as Block Financial. The inconsistent treatment of the issuer's name was discovered and- changed on August 3. 'The final maturity for this investment was August 8, bringing the total holdings of any single issuer back into compliance on that date. County Investment Pool 7-10 The percentage of Commercial Paper held from one issuer exceeded 5 percent of the market value of the portfolio. The percentage.of overall portfolio holdings for a single issuer exceeded 5 percent of the market value of the portfolio. Due to an error made while determining the current holdings oflohnson Controls, an additional investment was made increasing the total holdings to 5.56 percent. The acquisition matured on luly 11 (the following business day), bringing the total holdings of any single issuer back into compliance. 7' 15 The percentage of Commercial Paper holdings exceeded 30 percent of'the market value of the portfolio. DUe'to a miscalculation while determining the current holdings of Commercial Paper, an' additional investment was made increasing the total holdings to 30.02 percent. Maturities on the following business day brought the total holdings of Commercial Paper into compliance. - 53 NoncomplianCe Report SUmmary July 31, 1997 Page 2 Certain issues regarding technical incidents for each pool (other than those related to fluctuations in total pool balances) are separately reported as follows: County Investment Pool / Educational Investment Pool As reported in our Noncompliance Report Summary for June 30, 1997, for Hercules Inc., Moody's downgraded their long-term debt and commercial Paper ratings on June 13, thus exceeding the 3 percent limit for split-rated comuercial paper. Holdings of Hercules Inc. commercial paper matured on July 1 bringing the split-rated commercial paper holdings below the 3 percent limit. 54 FITCI-I ESTABLISHED 1913 Fitch Investors Service, L.R One State Street Plaza New York, NY 10004 1212J 908-0500 August 6, 1997 Mr. John M. W. Moorlach Treasurer- Tax Collector of Orange County 12 Civic Center Plaza Room G-76 Santa Ana, CA 92701 Dear Mr. Moorlach: Based upon Fitch's conducting of the following agreed upon procedures' (as attached hereto), this compliance letter shall serve as an indication of Orange County's portfolio holdings' substantial Conformity with its investment policy statement, as revised 2/25/97, and California Government Code Section 53601, Section 53635, and all other relevant Government Code provisions with regard to both the Commingled and Educational Pools at June 30th, 1997. Fitch Investors Service, L.P. conducted its compliance review in accordance with a series of agreed upon procedures which required that we review, on a test basis, evidence of the- portfolio holdings, perform certain mathematical calculations and review the results with respect to Orange County's investment policy statement. The agreed upon procedures have been revised to reflect 'changes to the investment policy statement. In conducting this review Fitch examined the portfolio holdings on the following dates: April 9th, April 14th, June 20th, and June 30th, 1997; and relied upon the investment policy statement and agreed upon procedures in effect at that time. The scope of Fitch's review was limited to the attached agreed upon procedures. With regard to the attached agreed upon procedures, Fitch finds no notable exceptions and is of the opinion that in all regards the Orange County Commingled and Educational poOl portfolio holdings are in compliance with the County's investment policy statement and California Government Code Section 53601,. Section 53635, and all other relevant Government Code provisions as of the sampled dates. 55 Fitch Investors Service, L.P. has relied, withOut independent verification, upon documents delivered to us by Orange County and/or Orange County's custodial bank. Fitch relied solely on the County, its staff and its custodial bank as to the accuracy of such information. This compliance review is rendered solely for your benefit and may not be relied upon by any other person without our prior written consent. Very truly yours, · Jbhn Schiavetta, CFA - ' Senior Director, Managed Funds [~ang~_uO~o~mtn,~gp~dUn×es.m~. ~nt~o~o;I Date of Client Po~olio Portfolio Number. Portfolio · Wei§h'ted Avg. Maturity (Days) Minimum NAV Maximum NAV Guideline 90 0.9950 1.0050 6~30~97 692 Actual 76 1.0009 1.0009 Comply Yes/No Yes Yes Yes GOVT AGENCY cP - CP SPLIT CD REPO BA MMF MTN OTHER Sector % Market Value 0.0% 12.0% 26.6% 2.9% 22.5% 0.0% 26.2% 0.1% 9.8% 0.0% Maximum Limits '100% 100% 30% 3% 30% 50% 40% 20% 30% 0% Minimum Limits 0% 0% '0% 0% 0% 0% 0% 0% 0% 0% 100.0% Comply Yes/No Yes Yes Yes ' Yes Yes Yes Yes Yes Yes Yes Yes Individual Security Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit . Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for all CP All US Dollar Denominated Compliance 13 months AAA (25% > 6 months) < 31 Days A1 25% 5% 5% 5% 30% Actual 16% 29.52% 11.52 Comply Yes/No Yes Yes Yes Yes Yes Yes · Yes Yes Yes Yes Yes Yes 57 Date of Client Portfolio 6/30/97 Portfolio Number 694 Portfolio Guideline Actual Weighted Avg. Maturity (Days) Minimum NAV Maximum NAV Comply Yes/No 90 43.58 Yes 0.9950 1.0014 Yes 1.0050 1.0014 Yes GOVT AGENCY CP - CP SPLIT CD REPO BA MMF MTN OTHER Sector % Market Maximum Minimum Comply Value Limits Limits Yes/No 0.0% 100% .0% Yes 13.7% 100% 0% Yes 26.7% -' 30% 0% Yes 2.8% 3% 0% Yes 23.6% 30% 0% Yes 0.0% 50% 0% Yes 24.4% 40% 0% Yes 0.6% 20% 0% Yes 8.3% 30% 0% Yes 0.0% 0% 0% .Yes 100.0% Yes Individual Security Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for ali CP All US Dollar Denominated Compliance 13 months Actual (25%>6 Months) A1 25% 5% 5% 5% 30% <31 Days 15% 29.45% 13.56 Comply Yes/No Yes Yes Yes Yes Yes Yes Yes · Yes Yes Yes Yes Yes 58 Date of Client Portfolio 4/9/97 Portfolio Number 692 Portfolio ' Guideline Weigl~ted Avg. Mat.udty (Days) Minimum NAY Maximum NAV Actual Comply Yes/No 90 61 Yes 0.9950 1.0025 Yes 1.0050 1.0025 Yes GOVT AGENCY CP - - CPSPLIT :CD REPO BA MMF MTN OTHER Sector % Market Maximum Value Limits 0.72% 100% 9.20% 100% 27.04% ..... 30% 2.70% 3% 24.85% 30% 8.62% 50% 26.38% 40% 0.03% 2O% 0.46% 30% 0.00% 0% 100.00% Minimum Limits O% O% O% O% O% O% O% O% O% O% Comply Yes/No Yes Yes Yes Yes Yes · Yes Yes Yes Yes Yes Yes Individual security Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for all CP All US Dollar Denominated Compliance Actual 13 months (25% > 6 months) 6% A1 25% 5% 5% 5% 30% 29.74% < 31 Days 26.75 Comply Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Date of Client Portfolio 4/g/g7 Portfolio Number· 694 Portfolio Weighted Avg. Maturity (Days) MinimUm NAV Maximum NAV Guideline Actual 90 57.66 0.9950 1.0031 1.0050 1.0031 Comply Yes/No Yes Yes Yes GOVT AGENCY CP CP SPLIT CD REPO BA MMF OTHER Sector % Market Maximum Value Limits 0.00% 100% 17.00% 100% 26.14% 30% 3.02% 3% 22.82% 30% 3.12% 50% 27.90% 40% 0.00% 20% 0.00% 30% Minimum Comply Limits Yes/No 0% Yes 0% Yes 0% Yes 0% Yes* 0% Yes 0% Yes 0% Yes 0% Yes 0% Yes 100.0% Yes * At the time of the CP purchase the % of Market Value was in compliance. Individual Security Final Maturity Percentage per Security Credit Quality Barbell Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit 'CP Total Dollar WAM for all CP Ali US Dollar Denominated~ Comply Compliance Actual Yes/No 13 months Yes Yes AAA Yes (25% > 6 Months) 1% Yes A1 Yes 25% Yes 5% Yes 5% Yes 5% Yes 30% 29% Yes < 31 Days 26.17391 Yes Yes Date of Client Portfolio 4/14/97 Portfolio Number 692 Portfolio Guideline Weighted Avg. Maturity (Days) Minimum NAV Maximum NAV Comply Actual Yes/No 90 49 Yes 0.9950 1.0033 Yes 1.0050 1.0o33 Yes GOVT AGENCY cP CP SPLIT CD REPO BA MMF MTN OTHER Sector Maximum' Minimum Comply Limits Limits Yes/No 6.01% 100% 0% Yes 7.61% 100% 0% Yes 25.96% 30% .... 0% Yes 2.51% 3% 0% Yes 20.55% 30% 0% Yes 9.63% 50% 0% Yes 20.73% 40% 0% Yes 6.61% 20% 0% Yes 0.38% 30%'. 0% Yes 0.00% 0% 0% Yes 100,00% Yes % Market Value ndividual Security Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for all CP All US Dollar Denominated Comply Compliance Actual Yes/No 13 months Yes Yes AAA Yes (25% > 6 months) 5% Yes A1 Yes 25% Yes 5% Yes 5% Yes 5% Yes 30% 28.47% Yes < 31 Days 24.11 Yes Yes 61 Date of Client Portfolio 4/14/97 Portfolio Number 694 Comply Portfolio Guideline Actual Yes/No Weighted Avg. Maturity (Days) Minimum NAV Maximum NAV 90 55.00 Yes 0.9950 1.0033 Yes 1.0050 1.0033 Yes GOVT AGENCY CP .... CP SPLIT CD' REPO BA MMF OTHER Sector % Market Maximum Minimum Value Limits Limits 0.0% 100% 0% 17.4% 100% 0% 26:8% -' 30% 0% 3.1% 3% 0% 23.4% 30% 0% 0.0% 50% 0% 27.1% 40% 0% 2.3% 20% 0% 0.0% 30% 0% 100.0% * At the time of the CP purchase the % of Market Value was in compliance. Individual Security Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for all CP Al! US Dollar Denominated Compliance Actual 13 months AAA 25% A1 25% 5% 5% 5% 3O% < 31 Days 1.01% 29.9% 26 · Comply Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Comply Yes/No Yes Yes Yes Yes* Yes Yes Yes Yes Yes Yes 6?- Portfolio Dated Portfolio Number 6/20/97 692 PortfoliO Guideline Neighted Avg. Maturity (Days) Minimum NAV Maximum NAV 90 0.9950 1.0050 Comply Actual Yes/No 80.18 Yes 1.0009 Yes 1.0009 Yes Sector GOVT AGENCY CP. CP SPLIT CD REPO BA MMF MTN OTHER % Market Value 0.0% 7.3% 29.0% 0.5% 24.7% O.O% 28.6% 2.0% 8.0% O.0% Maximum- Minimum Comply Limits Limits Yes/No 100% 0% Yes 100% 0% Yes 30% ' - 0%' ~Yes 3% 0% Yes 30% 0% Yes 50% 0% Yes 40% 0% Yes 20% 0% Yes 30% 0% Yes 0% 0% Yes 100.0% Yes Individual Secudty Final Maturity Percentage per Security Credit Quality Barbell (25% > 6 Months) RePo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single IsSuer Limit CP Total Dollar WAM for all CP All US Dollar Denominated Compliance months (25% >6 Months) A1 25% 5% 5% 5% 30% <31 Days Actual 15% 29.5% 17.62 Comply Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 63 Date of Client Portfolio 6/20/97 Portfolio Number 694 Pod'folio Guideline Weighted Avg. Maturity (Days) Minimum NAV Maximum NAV Comply Actual Yes/No 90 ' 79.32 Yes 0.9950 1.0014 Yes 1.0050 1.0014 Yes GOVT AGENCY CP CP SPLIT CD REPO BA MMF MTN OTHER Sector % Market Maximum Minimum Value Limits Limits 0.00% 100% . 0% 13.60% 100% 0% ' 22~;0% .... ~0% -' '0%' 0.30% 3% 0% 27.82% 30% 0% 0.00% 50% 0% 25.62% 40% 0% 3.44% 20% 0% 7.01% 30% 0% 0.00% 0% 0% 100.00% Comply Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Individual Security Final Maturity Percentage per Secudty Credit Quality Barbell (25% > 6 Months) Repo Counterparty Rating Single US Agency Limit Single Bank BA Limit Single Issuer CP Limit Single Issuer Limit CP Total Dollar WAM for all CP All US Dollar Denominated Compliance Actual 13 months (25%>6Months) 10% A1 25% '5% 5% 5% 30% 22.50% <31 Days 15.4375 Comply Yes/No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Attachment II Portfolio Compliance Monitoring Agreed Upon Procedures (effective 2~25~97) Fitch will provide an ongoing quarterly compliance report of the Orange County's investment portfolio based on the following agreed upon procedures. The scope of the work to be performed will be limited to these agreed upon procedures and the procedures will be included as an appendix to all compliance reports issued by Fitch. Fitch will evaluate the County's Commingled and Educational pools as of the last day of each quarter in order to determine whether the County's pools are in compliance as of that date.with the following 'guidelines. A) Maturity 1) 2) 3) 4) 5) 6) 7) No individual security has a final maturity date greater than 13 months. The weighted average maturity (WAM) of the each pool ~ - is less than 90 days. No more than 25% of each pool's portfolio can be invested in securities maturing in a period greater than 6 months. No commercial paper has a final maturity of greater than 180 days. Dollar weighted average maturity of all commercial paper must be less than 31 days. No. Bankers' Acceptance has a final matudty of greater than 180 days. No receivable-backed security greater than 90 day maturity. Fitch will rely on the final maturity dates provided by Orange County when performing the calculations. Fitch will not independently veri~ the accuracy of such information.. B) Credit Risk Commercial Paper Negotiable Certificates Bankers' Acceptances Receivable-Backed Securities Medium Term Notes State and Local Agency at least F-l, A-l, or P-1 at least F-l, A-l, or P-1 at least F-l, A-l, or P-1 at least AA at least A at least A c) D) Collateral Counterparty Risk- All counterparties to repurchase agreements are rated at least F-1 / A-1. Net Asset Value (NAV) - Maintained within a range of 99.5 - 1.005. Fitch will rely on the NAV provided from Orange County or the custodial bank. 65 E) Diversification Guidelines - Maximum percentage concentration of the portfolio at the time of purchase , U.S. Treasury U.S. Govemment Agencies Commercial .Paper (CP) Split-rated CP Certificates of Deposit Repurchase Agreements Bankers' Acceptances Money Market Funds Receivable Backed Securities Medium Term Notes State and Local Agency 100% 100% 3O% 3% 3O% -50% 4O% 2O% 10% 3O% 10% At the time of purchase, no more than 5% of the total market value may be invested in securities of one issuer with the exception that up to 10% of the total market Value may be in~/ested in the Shares of one-money market fund and Up t° 100% of the total market value may be invested in obligations of the U.S. Government, U.S. Government agencies, or U.S. Government-sponsored enterprises. Fitch will rely on the security types and issuers provide by Orange County when performing these calculations. Fitch will not independently verify the accuracy of such information and will not "look-through" to the underlying assets of any money market fund held. F) All investments are U.S. dollar denominated. Fitch does not intend to verify the type or level of over-collateralization associated with ' the pools' repurchase agreements and/or its time deposits exceeding $100,0001 Additionally, Fitch will employ a random sample of not less than 3 observations from among the daily data received from Orange County to determine whether the County's pools were in compliance as of the sampled dates with regard to the aforementioned guidelines. Fitch, in its normal course of monitoring a rated portfolio's assets, performs additional surveillance tests based on Fitch's published ratings guidelines. Fitch intends to continue to perform this surveillance function, however, Fitch does not plan to broaden the scope of these agreed upon procedures to include additional procedures used in the surveillance process. .. 66 Reporting Requirements In order to perform the above mentioned compliance monitoring, Fitch will need to receive the following reports on a weekly basis. A) B) c) D) Daily Portfolio Holdings in electronic form Weekly Compliance Reports in electronic form Daily Investment Transactions Report Daily Pricing Report in electronic form Fitch, when performing these agreed upon procedures, intends to rely on documents and information provided by Orange County and/or its custodian bank. Fitch does not intend to independently audit or verify the truth or accuracy of such information as it pertains to the aforementioned agreed upon procedures. 6'/ MONTHLY TREASURY MANAGEMENT REPORT Distribution List .Assessor Hon. Bradley L. Jacobs Board of Supervisors Hon. James W. Silva Hon. Charles V. Smith Hon. Todd Spitzer' Hon. William G. Steiner, Chair Hon. Thomas W. Wilson CEO's Office Gary Burton, CFO Michael Kolodisner Michael M. Ruane Tom Beckett Clerk of the Board Of SUpervisors Darlene Bloom Community Services Agency Hon. William A. Baker, Public Guardian .County Clerk-Recorder Hon. Gary L Granville County Counsel Laurence M. Watson District Attorney Hon. Michael R. Capizzi Fire Authority LarryJ. Holms Health Care Agency -Tom Uram Housing and Community Development_ Bob Wilson Human Resources Jan Walden, Assistant CEO I~nte~rated Waste Management V/cki Wilson Internal Audit David E. Sundstrom John Wayne Airport O. B. Schooley, Director Law Library Maryruth Storer, Director ~Local Agency Formation Commission Dana.M. Smith, Executive Officer Marshal Michael S. Carona ..Municipal Court (Executive Officers) Robert B. Kuhel - (Central) 'James'R. Peterson (Harbor) William J. Brennan (North) Joyce Ziegler (South) Richard Biggins (West) Orange County Employees Retirement System Ray Fleming Orange County Cemetery D/strict Sam Randall .Orange CoUnty Library John Adams Orange County Sanitation District Steve Kozak Oran_~e County Transportation Authority James S. Kenan Planning'& Development Services Tom Mathews Probation Michael Schumacher Public Defender Carl C. Holmes, Chief Deputy Public Facilities & Resources John Sibley _Registration & Elections Rosalyn Lever Sheriff-Coroner Hon. Brad Gates Social Services Larry Leaman Superior Court Alan Slater, Executive Officer Superior Court\Victim/Witness Program Barbara J. Morison, D/rector Treasury Advisory Committee Blake Christian .......... Bruce Hughes George Jeffries Clyde Kendzierski Wendy Margarita, Dept. of Education John Nelson, Dept. of Education Hon. Jeffrey Thomas, Chair Treasury Oversight Committee Hon. John Dean, Dept. Of Education Robert Fauteux, Chair.- Hon. Steve Lewis, Auditor-COntroller Jan Mittermeier, CEO Treasurer's Staff William Eberhardt, Ass't. Invest. Officer Judith J. Jacobson, Investment Officer Hon. John M. W. Moorlach, Treasurer .Complimentary Copies - Public Hon. Randal Bressette, City of Lag. Hills Steve Faeth, Great Pacific Securities Mark Robles, A. G. Edwards & Sons, Inc. Margaret Rutledge, Mesa Con. Wtr. Dist. Hon. Christina Shea, City of irvine Hon. Jan DeBay, Cra/of Newport Beach Hon. Joe Erickson, City of Costa Mesa John Sawyer, O.C. Employees Association Eric Woolery, OCDE Board of Trustees Fitch Investors Se~ce, L.P. John Schiavetta TREASURER TAX-COLLECTOR IN'gESTMENT POLxGY STATEMENT Interpretations / Modifications June 25, 1997 SUBJECT: ISSUE: Medium Term Notes Definition of Medium Term NOtes INVESTMENT POLICY STATEMENT: lVlW. DIIJM-TERM NOTES Medium-term notes with a maximum remaining maturity of thirteen months, issued by corporations organized and operating within the United State2s or by depository institutions licensed by the United States or any state and operating within the United States. Eligible notes shall be rated "A" or its equivalent or better by a na_tionally r"eC°gniz~ rating Service.. Purchases .of medium-mmnotes may not exceed 30 percent of the Money Market Investment Pool market value. CALIFORNIA GOVERNMENT CODE 53601j/53635j: (j) Medium-term notes of a maximum of five years maturity issued bY corp-0rafions organized and operating within the United States or by deposi- tory institutions licensed by the United States or any state and operating. within the United States. Notes eligible for investment under this subdbdsion shall be rated in 'a rating category, of "A" or its equiva!ent or better by a nationally rec%maized rating service. Purchases' of medium-term notes may not exceed 30 percent of the agency's surplus money ~vhich may be invested pursuant to this section. LOCAL AGENCY INVESTMENT GUIDELINES, California Debt Advisory Commission . .. ;. Section 536010) ereaes'eonfusion because 'it does not clearly defi~e what types of · obligmions fall under the category of"mediUm-term notes". A variety of reasons aex, ount for this eonfixsion. One i~ that corporate notes are treated slightly differently from medium-term notes by the SEC' Another is that brokers o/ten refer to eorporat~ obligations that have an original term to m~n-ity longer than 5 years as corporate rather than medium-term notes, even though the present term to mannity for these note~ may be less-than 5 years. -. Minimum legal requirement: The phrase "medium-term notes" within the context of Section 53601 (j) only refers to the time it takes for an obligation to mature. Therefore, investments in any corporate or medium-term note which mamre~ within 5 years fi'om' time of purchase is legal as long as they meet the minimum quality standa~. If an agency wants to purchase notes that mann'e in excess of 5 years, it needs to receive express authority from the legislative body either specifically or as pan of an investment program approved by the legislative body no less than 3 months prior to the investment. DISCUSSION: There is e ambiguity in our IPS and Gow ,ent Code regarding xvhich specific securities fall with, .... ne definition of a MTN. The ke~ ,~estion is whether MTNs indude only those securities originally issued as a Medium-Term Note, or do MTNs also include other corporate debt issues whose remaining maturity now falls within the parameters of a medium term note (generally defined as an issue with 5 years or less to maturity): Both the IPS and Government Code appear to refer to MTNs as a generic class ("medium-term notes") rather .than a specific security ("Medium-Term Notes"). The California Debt Advisory Commission concludes that MTN "only refers to the time it takes for an obligation to mature. Therefore, investments in any corporate or medium-term note which matures within 5 years from time of purchase is legal as long as they meet minimum quality standards." John Abbott, Deputy County Counsel, opines "that the remaining maturity of Medium Term Notes at the time of purchase is a permissable method by which to calculate the 'five years [ 13 months, in our case] maturity limitation under the applicable Code provisions." With regard to which specific securities may be classified as MTNs, lohn Abbott would prefer to leave this issue to our judgment. John Schiavetta (Fitch) confirms that street convention is to treat all corporate debt issues as parri passu with medium,term notes when their maturities fall within 5 years. when viewed from the standpoint of safety of principal, Medium-Term Notes are a general -obligation of the corporation, and would rank behind Senior Notes, Senior Debentures and all secured financings (First Mortgage Bonds, Equipment Trust Certificates, etc.) in a claim on assets .... even though these senior/secured instruments might have originally been issued for periods longer than 5 years. The rating agencies recognize this seniority ranking when assigning credit ratings. The addition of medium-term corporate debt could, therefore, enhance the portfolio's credit quality vs. the more restrictive definition of a Medium-Term Note. "Banlc notes" issued by a bank, MTNs issued by a bank holding company, and all other long-term debt obligations issued by an eligible depository institution Should also be included.within the definition of "medium term notes". Depository institutions issue "medium-term notes" at the bank holding company level and "bank notes" at the operating bank level. Reflecting the priority in the banl<'s capital structure, ratings on "bank notes' are typically one notch higher than the ratings on MTNs issued at the holding company level (Fabozzi's Handbook of Fixed Income Securities). CONCLUSION: The Treasurer and the Investment Division concludes that, .for the purp°se of identifying eligible securities within the context of the Investment Policy Statement, the definition of "medium-term notes" means all corporate and depository institution debt securities with a remaining maturity of I g months or less at the time of purchase, which meets our minimum quality and domestic-issuer standards. [-]Interpretation / No Modification Required [!-;]/Interpretation / Modification Required ADOPTED: NOTE: This Interpretation was reviewed and accepted at the Treasurer's Advisory Committee meeting on lune 25, 1997. COUNTY OF ORANG COUNTY COUNSEL May 2, 1997 T-400 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED MEMORANDUM' TO: FROM: SUBJECT: John M.W. Moorlach, Treasurer-Tax Collector John H. Abbott, Deputy County Counsel Medium Term Notes BACKGROUND California Government Code Sections 536010)and 536350) permit treasury investment ' in the following instruments: (j) Medium-term corporate notes of a maximum of five years maturity issued by corporations organized and operating within the United' States or by depository institutions licenses by the United States or any state and operating within the United States. Notes eligible foi' investment under this subdivision shall be rated in a rating category of"A" or its equivalent or better by a nationally recogniZed rating service. Purchases of medium-term notes may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. The Orange County Treasurer Investment Policy Statement Money Market Investment Pool (the "policy") in Section IV. 10., permits investment in Medium Term Notes "with a maximum remaining maturity [at purchase] of thirteen months .... " In your memorandum of April 22, 1997, you advise that the "market" considers Medium Term Notes to include obligations originally issued with a five year or less maturity and those corporate obligations which remaining maturity is five years of less. In addition, you advise that the market for original issue Medium Term Notes is extremely small, whereas the market for notes which remaining maturity fits. within the five year limitation is much larger. Finally, rating agencies consider obligations of equal seniority to have equal standing notwithstanding whether issued originally as a Medium Term Note or currently .with a remaining maturity within the five year period. N:CORPNOTE.JHA/va OPINION NO. 97-79 John M.W. Moorlach, Tr, May 2, 1997 Page 2 rer-Tax Collector In their Local Agency Investment Guidelines (October 10, 1996), the California Debt and Investment Advisory Commission states that the Medium Term Notes provision of Code section 53601 (j) creates confusion since 1. corporate notes and medium term notes are treated differently by the Securities and Exchange Commission and 2. securities brokers typically refer to corporate obligations which have an original issue maturity in excess of five years as corporate obligations rather than Medium Term Notes, even thought the obligation has a remaining maturity of five years of less. The Investment Guidelines conclude that Medium' Term Notes may be purchased so long as the remaining ..maturity is five years of less (and credit quality requirements are met). You concur with CDIAC's conclusion. For the purpose of this Opinion, we have relied, without independent verification, upon the Assertions containedin.your .April 22, 1997 Memorandum and CDIAC's Investment. Guidelines. O_UESTION You have requested the opinion of County Counsel whether the "five years maturity" limitation of Medium Term Notes in Code Sections 536010) and 536350) is calculated from the date of original issuance or the remaining maturity at purchase. ANSWER Although not entirely free from doubt, we are of the opinion that the remaining maturity of Medium Term Notes at the time of purchase is a permissible method by which to calculafe the "five years maturity" limitation under the applicable Code provisions. However, you may wish to consider an alternative (and more conservative) approach of calculating maturity from the date of note issuance.. DISCUSSION Following a review of the applicable provisions of Califomia law, we are once again faced with interpreting an overly ambiguous provision of law regulating the investment of public funds. Although there is no entirely clear legal conclusion which can be garnered from the information available to us with respect to Code Sections 536010) and 53635(j),'we nevertheless conclude that ~ maturity may be employed to calculate the "five years maturity" limitation on the purchase of Medium Term Notes. Although other factors were considered, the overriding objective of public funds investment of safety of principal (Code Sections 27000, 27000.5, 63600.5 and 53635) is met using remaining maturity. In addition, the secondary goal of liquidity (Code Section 27000.5 and 53600.5) is suppoi'ted through access to a broader market. Notwithstanding the foregoing cOnclusion, we suggest that you consider employing the N:CORPNOTE.JHAJva OPINION NO. 97°79 John M.W. Moorlach, Trea~ May 2, 1997 Page 3 Tax Collector conservative "original issue" date approach to the purchase of such obligations. · Finally, the opinion expressed herein is based upon the facts presented herein, the application of those facts to relevant provisions of California law and is solely limited to the question presented. No opinion, whether express of implied, is rendered with respect to any other issue. We render no opinion, express or implied with respect to any investment decision, course of investment or the prudence of any investment decision or course of investment. If you have any questions, please call the undersig JHA:va cc: Daniel J. Hempel, Assistant Treasurer aed at 834-4379. N:CORPNOTEJI-IA/va OPINION NO. 97-79 TREASURER TAX-COLLECTOR INVESTMENT POLICY STATEMENT Interpretations / Modifications June 25, 1997 SUBJECT: ISSUE: Medium Term Notes Should. Commerdal Paper ratings apply to MTNs? Are "A" rated MTNs eligible investments if the issuer also has commerdal paper rated less than A1/I)1 ? Split-rated C/P? A2/P2 rated C/P? INVESTMENT POLICY STATEMENT: Mlz. DIIJM-TERM NOTES Medium-term notes with a maximum remaining maturity of thirteen months, issued by corporations organ/zed and operating within.the-United SateS 0-r by depository institutions licensed by the United Sates or any state and operating within the United States. Eligible notes shall be rated 'A' or its equivalent or better by a nationally recogni7~ rating service. Purchases of medium-term notes may not exceed 30 percent of the Money Market Investment Pool market value. CALIFORNIA GOVERNMENT CODE 5360 l j/53635j- (j) Mediinu-}erm notes of a maximum of five years mamrky issued by co~orafions organized and operating Within the United States or by deposi-' tory institutions licensed by the United States or any state and operating Within the United States. Notes eli~ible for investment under this subdivision shall be rated in a rating category of "A" or its equivalent or better bv a .nationally reco,gnized rating service. Purchases of medium-term notes may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. DISCUSSION: The IPS and California Government Code each require that a medium-term note ("MTN") be rated "A' or better in order to be an eligible investment. They are silent as to whether the issuer's commercial paper rating is an eligibility limitation for a MTN. Commerdal paper is an unsecured promissory note issued by a corporation with a maturity not exceeding 270 days. Commerdal paper ratings address the issuer's ability to repay these short- term obligations on time. The rating agendes use the following qualifiers in their.rating definitions: SHORT-TERM RATING DEFINITIONS MOODY'S P 1 '. Superior ability P2 ' Strong ability P3 ' Acceptable ability S&P A1 · Strong capadty A2 · Satisfactory capadty AB -Adequate capacity LONG-2. ~ RATING DEFINITIONS MOODY'S Aaa: Best quality Aa: High quality A: Upper-medium grade Baa: Medium-grade S&P AAA: Extremely strong AA: Very strong A: Strong BBB :Adequate Attached are the rating agencies' definitions for their ratings. There is a predictable correlation between the rating agencies' short-term and long-term ratings. The single-A long- term category encompasses bOth Al/P1 and A2/P2 short-term rated issuers. In addition, the A2/P2 short-term rating category covers/VA to Baa/BBB rated long-term debt issuers. In general, the middle-to-higher "A' rated issuers will have AI/P 1 short-term debt ratings; while the lower "A' to higher "Baa/BBB" rated issuers will haVe A2/P2 short-term debt ratings. Commercial paper issuers with "split ratings" will fall somewhere in-between. The single-A long term rating criteria for MTNs limits our investments to issuers whose debt is characterized as being "upper-medium grade; strong", If we were to. allow single-A rated .... issuers who also have A2/P2 short-term debt ratings (and would be ranked in the upper-tier of that rating category), those issuers would be further characterized as having a "strong ability; satisfactory capacity" to meet their short-term obligations. lohn Schiavetta (Fitch) feels that MTNs should be viewed as an .alternative to commercial paper; and, as such, the commercial paper rating limitations should apply.' A more liberal interpretation of this rating criteria would view MTNs as a separate class of securities with its own rating criteria per Government Code. CONCLUSION: Commerical paper ratings add a bit of fine tuning within the single-A long- term debt rating. The Treasurer and the Investment Division concludes that the combination of single-A and either AI/P 1 or split-rated (Al/P2 or A2/P 1) commercial paper ratings, if any, provides a credit that is considered "investment grade" and would meet government code as well as our high quality standards. No more than 5% of the Money Market Investment Pool may be invested in medium-term notes with a split rating. This interpretation would' predude the eligibility of MTNs that have A2/P2 C/P ratings. I-1Interpretation / No Modification Required [vi/Interpretation/Modification Required ADOPTED: J~t~'~ lxJI~ W.~Moo~, C.P.A.,/CFP Treasurer-Tax Collector NOTE: This In{:erpretation was reviewed and accepted at the Treasurer's Advisory Committee meeting on June 25, 1997. MOODY'S SHORT-TERM DEBT RATINGS toody's short-term debt ratings are opinions of the ability of issuers to repay unctually senior debt obligations which have an original maturity not exceeding one ear. Obligations relying upon Support mechanisms such as letters..of-craclit and onds of indemnity are excluded unless explicitly rated, 4oody's employs the following three designations, all judged to be investment rede, to indicate the relative repayment .ability of rated issuers: Prime-1 ~uers rated Prime-1 (or supporting Institutions) have' a s.uperior' 'ability for .payment of senior short-term debt obligations. Prime-1 repaYme'nt ability will often e evidenced by many of the following characteristics: --Leading market positions, in well-established Industries. --High rates of return On funds employed. -Conservative capitalization structure with moderate reliance on debt and ample asset protection. · .Broad margins in earnings coverage of fixed financial charges and high internal cash generation. -Well-established access to a range of financial markets and assured sources of ' alternate liquidily. Prime-2 :suers rated Prime-2 (or supporting i~stitutions) have a strong ability, for repayment f senior short-term debt obligations. This will normally be evidenced by many o! the · ~aracteristics cited above but to a lesser degree. Eamings trends and coverage {rios, wh~e sound, may be more subje.ct to variation. Capitalization characteristics, · hlle still appropriate, may be more affected by external conditions. Ample alternate :luidity is maintained, Prime-3 .suers rated Prime-3 (or supporting, institutions) have an acceptable ability for ;payment of senior short-term obliqafions. The effect of industry characteristics nd market compositions may be more pronounced, Variability in earnings and .,'ofitability may result in changes in the level of debt protection measurements and ray require relatively high financial leverage, Adequate alternate r,:luidity is laintained. Not Prime suers rated Not Prime do not fall within any of the Prime rating categ~es. KEY TO MOODY'S CORPORATE RATINGS Aaa · Bonds which are rated Aaa are judged lo be of the best quali~ They carry the smallest degree of investment risk and are generally ~eferred to as ."gilt edged." Interest payments am prot~ed by a large or by an exceptionally stable margin and principal is secure, Whlie the various protective elements are likely to change, such changes as can be visualized are most unl~ely to impair the fundamentally strong position of such Issues. Aa Bonds which are rated Aa are judged to be of high quality by ali standarc~s. Together with the Aaa group they comprise what are generally known as high grade~z~onds. They are rated lower than the best bonds because margins of protection may not be as large as in Aaa securities or fluctuaUon of protective elements may be of greater amplitude or there may be other elements present which make the Iong-lerm risk appear somewhat larger than the Aaa securities. - A · Bonds which are raled A possess many favorable Investment attr~utes and are Io be considered es upper-mecrnJrn-cjrade obligations. Factors giving security Io principal and interest are considered adequate, but elements may be present which suggest a susceptibaty to Impairment some time in the future. Baa Bonds which are rated Baa are considered as medium-g, fade obligations, (i.e., they are neither highly protected nor poorly secured}. Intere'~t payments ~d principal security appear adequate for lhe present but certain protective elements may be lac~g or may be chamcte~tically unreliable over any great length of lime. Such bonds lack outstanding Investment characteristics and in fact have spC~culaUve characteristics as well aa Bonds which are rated Ba are judged to .have speculative elemenf.<; their luture cannot be considered as well-assured. Often the protection of interest-and p~icipal payments may be very moderate, and thereby not well safeguarded during both good and bad times over Ihe Mure. Uncertainty of position characterizes bonds in this class. B Bonds which are rated B generally lack characteristics of the desirable investmenL Assurance of Interest and principal payments or ol maintenance of other terms o1' the contract over any long period 'of time may be small, Cae Bonds which are rated Cae are of poor standincj. Such issues may be. in default or Iflere may be present elements of danger with reject to principal or interest. Bonds which are rated Ca represent obligations which are ,speculative in a hicjh ~ Such is,mas are olten in default or have other marked 'shortcomings. C Bonds which are rated C are the lowest rated class of bonds, and issues so rated can be regarded as having extremely poor prospects ol ever attaining any reel investment standing, Note: Moody's applies numerical moa'il'mrs, 1, 2 and 3 in each generic'rating cta.~sit'~tion from Aa !o B. The mocr~er 1 IncrK:ates that the company ranks in the. higher end. of its generic ralJn(j catego~, the rnod'~er 2 Indicales a mid-range ranking;, and the mocraer 3 Ind'~:atas Itat the company ranks in the lower end of its generic rating category. /, ISSUE CREDIT RATING DEFINITIONS A Standard & Poor's issue credit rating is a current opinion of the creditwor}hiness of an obligor with respect to a .specific finanCial obligation' a specific class of financial obligations, or a specific financial program (including ratings on medium term note programs and commercial paper programs.) It takes into consideration the creditworthiness of guarantors, insurers, or other forms of credit enhancement'on the obligation'and takes into account the currencg in which the obligation is denominated. The issue credit rating is not a recommendation to. purchase, sell, or hold a financial obligation, inasmuch as it does not comment as to market price or suitabilitg for a particular investor. Issue credit ratings can be'either long-term or short-term. Short-term ratings are generallg assigned to those obligations considered short-term in the relevant market. In the U.S., for example, that means obligations with an Original maturitg of no more than 365 dags including commercial paper. Short-term ratings are also used to indicate the creditworthiness of an obligor with 'respect to put features on long-term obligations. The result is a dual rating, in which the short-term rating.addresses the put feature, in addition to the usual long-term rating. Medium-term notes are assigned long-term ratings. ' ............ Long-term issue credit ratings Issue credit ratings are based, in varging degrees, on the following cons i derations: I..Likelihood'of pagment capacitg and willingness of the obligor to meet its financial commitment on an obligation in accordance with the terms of the ob1 igation; 2. Nature of and provisions of the obligation; 3. Protection afforded bg, and relative position of, the obligation in the- event of bankruptcg, reorganization, or other arrangement under the laws of bankr, uP~cg and other laws affecting creditors' rights. The issue rating definitions are expressed in terms of default risk. As such, theg pertain to senior obligations of an entitg. Yunior obligations are tgpicallg rated lower than senior obligations, to reflect the lower prioritg in bankruptcg, as noted above. (Such differentiation applies when an entitg has both senior and subordinated obligations, secured and unsecured obligations, or operating compang and holding compang obligations.) Accordinglg, in the case of junior debt, the rating mag not conform exactlg with the categorg definition. An obligation rated 'AAA' has the highest rating assigned bg Standard & Poor's. The obligor's capacitg to meet its financial commitment on the ob1 i gat i on i s extremel~l strong. 'AA' An obligation rated' 'AA' differs from the highest rated obligations onlg in- small degree. The obligor's capacitg to meet its financial commitment on the obligation is ver~ strong. · . An obligation rated '~;~ -is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions-than obligations in higher rated categories. However the obligor's capacitg to meet its financial commitment .on the obligation is still ~stron~l; 'BBB' An ob1 igat ion rated ' BBB' exh i bi ts adequate protection parameters. However, adverse economic conditions or chan~ing circumstances are more l ikelg to lead to a weakened capacitg of the obligor to meet its financial commitment on the ob1 i gat i on. Obligations rated 'BB', 'B', 'CCC' 'CC', and 'C' are regarded as having significant speculative characteri;tics. 'BB' indicates the least degree of speculation and 'C' the highest. Uhile such obligations will l ikelg have some qualitg and protective characteristics, these mag be outueighed bg large uncertainties or major exposures to adverse conditions. 'BB' An obligation rated 'BB' is less vulnerable to' nonpagment than other specuJatjg6'issues. Houev~' it faces major ongoing uncertainties or exposure, to adverse business,-financial', or economic conditions' which could lead to the obligor's inadequate capacitg to meet its financial commitment on the obligation. 'B' An obligation rated 'B' is more vulnerable to nonpagment than obligations rated 'BB', but the obligor currentlg has the capacitg to meet its financial commitment on the obligation. Adverse business, financial, or economic conditions wi]l likelg impair the obligor's capacitg or willingness to meet its financial commitment on the obligation: 'CCC' An obligation rated 'CCC' is currentlg vulnerable to nonpagment, and is dependent upon favorable business, financial, and economic conditions for the obligor to meet its financial commitment on the obligation. In the event of adverse business, financial, or economic conditions, the obligor is not likelg to have the capacitg to meet its financial commitment on the obligation. 'CC' An obligation ra~ed 'CC' iS Currentlg highlg vulnerable to nonpagment. ,C~ The 'C' rating mag be used. to cover a situation where a bankruptcg petition has been filed or similar action has been taken, but pagments on this obligation are being continued.. 'D' An obligation rated 'D' is in pagment default' The 'D' rating categorg is used when pagments on an obligation are not made on the date due even if the applicable grace period has not expired, unless Standard & Poor's believes, that such pagments will be made during such grace period. The 'D'. rating also will be used upon the filing of a bankruptcg petition or the taking of a similar action if pagments on an obligation are jeopardized. Plus'(+) or minus(-): ratings from 'AA' to 'CCC' m~ /e modified bg the addition of a plus or m-inus sign to show relative standing within the major rating categories. Short-term issue credit ratings_ A short-term obligation rated 'A-I' is rated in the highest categorg bg Standard & Poor's. The obligor's capacitg to meet its financial commitment on the obligation is strong. ~4ithin this categorg, certain obligations are designated with a plus sign (+). This indicates that the obligor's capacitg. to meet its financial commitment on these obligations is extremelg strong. A short-term obligation rated 'A-2' is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than obligations in higher rating categories. However, the obligor~s capacitg to meet its financial commitment on the obligation is satisfactorg. A short-term obligation rated 'A-3' exhibits adequate protection parameters. However, adverse economic conditions or changing circumstances are more l ikelg to lead to a weakened capacitg of the obligor to meet its financial commitment on the obligation. 'B' A short-term obligation rated 'Bi is regarded as having significant speculative characteristics. The obligor, currentlg has the capacitg to meet its financial commitment on the obligation; however, it faces major ongoing uncertainties which could lead to the obligor's inadequate capacitg to meet' its financial commitment on the obligation. -- 'c' A short-term obligation rated 'C' is currentlg vulnerable to nonpagment and is dependent upon favorable business, finan'cial, and economic conditions f_o.r .th_.e ..o..bl!gor to meet its financial commitment on the.ob.l_!g..a.t].on. . ......... 'D' A short-term obligation rated 'D' is in pagment default. The 'D' rating categorg is used when pagments on an obligation are not made on the date due even if the applicable grace period has not expired, unless Standard & Poor's believes that such pagments will be made during such grace period. The 'D' rating also will be used upon the filing of a bankruptcg petition or the taking of a similar action if pagments on an obligation are jeopardized.