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HomeMy WebLinkAboutAgenda - Mail Packet - 12/03/2024 - Council Finance Committee Agenda – December 5, 2024 Agenda Council Finance Committee December 5, 2024 - 4:00 - 6:00 pm City Hall - CIC Conf. Room In person with Remote Participation Available https://zoom.us/j/8140111859 Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. A) Call Meeting to Order B) Roll Call C) Approval of Minutes D) SE Community Center LeeAnn Williams Victoria Garfield Shaw 30 minutes (15 mins. presentation / 15 mins. discussion) E) Financial Policy Review Randy Bailey (including 2025 Tax & General Fund) 45 minutes (20 mins. presentation / 25 mins. discussion) F) Other Business G) Adjournment Next Scheduled Committee Meeting: January 2, 2025 Council Finance Committee 2024 / 2025 Agenda Planning Calendar Revised 11/22/24 ck December 5th 2024 SE Community Center 30 min V. Garfield Financial Policy Review, Including 2050 Tax & General Fund 45 min R. Bailey 2025 Agenda Planning Calendar January 2nd 2025 Bloom TCEF Reimbursement 20 min M. Virata Foothills Metro District 45 min J. Birks West Elizabeth Matching Funds 15 min S. Smith Future Topics: E. Mulberry Threshold Analysis CCIP: Affordable Housing Revolving Loan Fund (February) CCIP Updates (February) 2023 Audit Report – Staff Correction Plan Fleet Management Policies and Practices CCIP Updates (April) Finance Administration 215 N. Mason nd Floor Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Council Finance Committee Hybrid Meeting CIC Room / Zoom November 6, 2024 4:00 – 5:30 pm Council Attendees: Mayor Arndt, Emily Francis, Kelly Ohlson Staff: Kelly DiMartino, Tyler Marr, Travis Storin, Denzel Maxwell, Teresa Roche, Jenny Lopez Filkins, Ginny Sawyer, Terri Runyan, Max Valadez, Joe Wimmer, Nina Bodenhamer, Drew Brooks, Monica Martinez, Kaley Zeisel, Brad Buckman, Dana Hornkohl, Dean Klingner, Victoria Shaw, Jill Wuertz, Kai Kleer, Patti Millo Randy Bailey, Adam Halvorson, Trevor Nash, Garrison Dam, Jordan Granath, Logan Bailor, Renee Reeves, Dave Lenz, Jen Poznanovic, Jo Cech, Zack Mozer Carolyn Koontz Matt Robenalt, Kristy Klenk Other: Kevin Jones, Chamber Meeting called to order at 4:00 pm Approval of minutes from the September 5, 2024, and October 3, 3024 Council Finance Committee meetings. Motion made to approve by Kelly Ohlson and seconded by Emily Francis. Approved by roll call. A. DDA Line of Credit Renewal Matt Robenalt, Executive Director, Downtown Development Authority Kristy Klenk, Finance & HR Manager, Downtown Development Authority Adam Halvorson, Sr. Analyst, Treasury, City of Fort Collins Downtown Development Authority (“DDA”) Line of Credit (“LOC”) Finance for 2025-2030 EXECUTIVE SUMMARY The current LOC established in 2012 and renewed in 2018 by the City on behalf of the DDA is scheduled to expire at the end of 2024. The City and DDA began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs in budget year 2025. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council Finance recommend bringing an IGA forward to accommodate the renewal of the bank authorized Line of Credit to be used by the DDA and satisfy compliance with C.R.S. §31-25-807(3)(a)(II)? BACKGROUND/DISCUSSION Background The DDA Act (C.R.S. 31-25-801, as amended) has inherent processes that require the City and the DDA to work collaboratively to achieve the purpose of the legislation. Among these expected collaborations is the process for financing DDA activities. In 2012, Council adopted Ordinance No. 089, 2012 and the City and DDA established a line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of Development. The tax increment revenues created each year by the private investment that has occurred downtown is used to pay off the debt. In 2018, Council adopted Ordinance NO. 066, 2018 to renew the LOC for another six-year term from 2019 – 2024. The current LOC is scheduled to expire at the end of 2024. The DDA and City began taking steps earlier this year to renew this debt instrument with First National Bank for another six-year term, as it will be needed by the DDA to execute its projects and programs beginning in budget year 2025. Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an intergovernmental agreement (“IGA”) that established the process by which the two organizations would: • initiate requests for a draw from the LOC • verify tax increment revenue cash available to repay the debt • account for the loan proceeds released from the LOC, and • execute repayment with tax increment within 7 days of the initial LOC draw The Second IGA Governing a Line of Credit for Financing Downtown Development Authority Projects and Programs was approved by City Council by Resolution 2018-046 to reflect the terms of the renewed LOC in 2018. What is New for 2024? In 2023, SB23-175 was signed into law, and this amendment to the DDA Act provides a new hybridized option for meeting the statutory requirements for financing debt of downtown development authorities. This amendment makes it possible for development authorities to obtain their own debt, and have it paid off with tax increment revenues provided there is an IGA between the municipality and development authority authorizing this arrangement. Prior to the amendment, the statute required that all debt issued for the benefit of the development authority be exclusively the debt of the municipality. Many of the downtown development authorities in the State use the same line of credit financing approach as the Fort Collins DDA and City of Fort Collins. Because the approach has some steps that amount to busy-work for municipal finance staff, there was wide support to create an option to transfer much of the administrative burden to development authorities by allowing them to obtain their own debt, which is what SB23-175 now offers. Since this was a new concept enacted into the DDA Act, the DDA and City Finance staff have conferred with appropriate legal counsel, and based on that began working together to discuss a new line of credit that will be obtained by the DDA from a bank, and also the process steps that would be embodied in an IGA to achieve compliance with the DDA Act and clearly define procedural steps between the City, DDA and bank. A flow chart defining these procedural steps is provided in the last slide of Attachment 1 Slide Presentation. It is planned that the intergovernmental agreement, and the line of credit loan promissory note from First National Bank of Omaha will be presented to the DDA Board in February 2025 for approval, and the intergovernmental agreement then advanced to the City Council for approval shortly thereafter. This schedule for adoption is several months ahead of when the 2025 tax increment revenues are released by the County Treasurer that would be used to pay off draws on the DDA's new line of credit, and this timing is supportive of the DDA's cashflow timing needs for projects it will be funding in 2025. Benefits and Impacts of the LOC When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds or private- placement financing with banks and other investors. Using the LOC approach to finance DDA projects and programs results in a significantly shorter period of time in which the debt incurs interest. This means that more funding is available to invest directly into projects and programs in the downtown, and less is spent on finance fees and interest expenses. DDA staff analyzed the savings from this approach used between 2012-2024 against that of the other forms of traditional financing used by the City and DDA in the past. The financial savings is significant. Since 2012, the LOC total interest and financing fees for $46,671,468 of principal debt was $17,098. In contrast, the total interest and finance fees for the City/DDA financing approach that traditionally used certificates of participation and private placement bonds for $15,279,063 of principal debt was $3,412,065. Other benefits and positive impacts using the LOC include: • Strong expression of fiduciary stewardship of public funds • Recognition that investment of tax increment funds, derived from property tax assessments of overlapping tax entities, creates positive growth in assessed value and thereby increased the value of the property tax base for all overlapping entities. (82% of the DDA tax increment comes from tax entities other than the City such as Larimer County and Poudre School District) • Funding partnerships of the DDA undertaken with the City and private sector have no cost of capital charges assessed to the projects • Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the calendar year on the City’s fund balance or City Comprehensive Annual Financial Report Next Steps & Key Dates The DDA has met with First National Bank of Omaha and is coordinating with the bank to provide the promissory note and final term sheet. The following key dates outline the remaining steps in the schedule to implement the LOC renewal: DDA Board – Approval of IGA & LOC Promissory Note 2/13/2025 City Council – Approval of IGA 3/4/2025 Discussion / Next Steps; Mayor Arndt; yes - Makes complete sense – don’t know why there would be any objections. Kelly Ohlson; would love to see a list of different projects for each year; Capital Asset Maintenance obligations, multi- year – round dollars, not details B. Licensing, Permitting & Code Enforcement (LPCE) Project Funding Monica Martinez., FP&A Manager PDT Kevin Wilkins, Chief Information Officer Kai Kleer EXECUTIVE SUMMARY An appropriation ordinance is being brought for your consideration by Planning, Development, and to implement and modernize a new licensing, permitting, and code enforcement system. existing funding for this project was originally allocated as part of the 2023/2024 Budget Cycle's 'Digital n almost two-year procurement process, the City has selected Tyler Technologies (Tyler) as the ‘Vendor of and is currently in contract negotiation. This appropriation request will provide the anticipated temporary staffing backfill and organizational change approximately $3,7M. This includes: • Software as a Service 19-month Implementation • Software as a Service two-year Subscription Costs • City Staff Backfill for two-year Implementation • Sole-Source Third Party Professional Implementation Services • Change Management during the first quarter of 2025 and be fully Fall 2026. experience, and save staff and customer time. critical infrastructure and risk authorizing an exception to the competitive STAFF RECOMMENDATION Staff recommend that the Council Finance Committee provide a recommendation of support to City Council. BACKGROUND / DISCUSSION Summary of Original Budget Offer In FY2023/2024, City Council approved a $2.1 million enhancement offer to initiate the transformation of current permitting, licensing, and development review processes and software. The City's legacy platform, Accela, will reach end-of-life service of the on-premises system December 2025 and requires either a significant upgrade to a cloud-based version of their system or conversion to a new system. The consequences of not modernizing include IT security risks, falling behind increasing demands from businesses and residents, inability to integrate new business processes, and increased operational inefficiencies. This initiative aims to modernize business processes and adopt a more sustainable software ecosystem through simplification, standardization, and a customer self-service approach. This is envisioned as a transformational project that will set the stage for the next 10-20 years on how the City provides services to our business and development community. Key outcomes cited from the 2023/2024 Budget, InfoTech Strategy Roadmap (Attachment A), and the Discovery Phase of Change Management (Attachment B) include: • Streamlined, Standardized Processes: Simplify, consolidate, and automate licenses and permits to eliminate redundancies and improve staff efficiency. • Self-Service for All: Empower residents and businesses with low-touch, self-service options, advancing community digital equity. • Smart Digital Workflows: Transition from paper to digital, ensuring accessible, sustainable, and simplified services. • Scalability & Speed: Accelerate processing times to meet rising demands consistently across all service areas. • Unified, Cohesive Platform: Implement a citywide, integrated system that enhances collaboration and responsiveness. • Modernized Legacy Systems: Shift to a future-ready solution that supports a more accessible, equitable, and efficient digital government, adopting leading industry solutions. Actions Since BFO Approval Following the City Council's support of the FY2023/2024 enhancement offer, City staff initiated the procurement process by conducting a three-day Development Review, Licensing, Permitting, and Inspections Digital Strategy Workshop which was facilitated by Info-Tech Research Group. The workshop results were used to create a business model, identify current challenges, document the rationale for issuing an RFP, and provide key recommendations (Attachment A). Based on this work, TMG Consulting and City staff developed and issued an RFP in January 2024. During the first half of 2024, City staff evaluated eleven RFP respondents, narrowing respondents down to three finalists. These finalists were invited to demonstrate their products over a three-week period. After product demonstrations, staff scored each vendor and selected an initial Vendor of Choice (Accela). However, after a subsequent week-long workshop, months of scope of work development, and clarifications regarding staffing and implementation timelines, the costs of the original proposal escalated significantly while the modernization objectives embodied by the vision and goals of the project were greatly reduced. These changes virtually eliminated Accela’s competitive advantage around pricing and ease of implementation causing the City to re-engage in conversation with the second place Vendor of Choice (Tyler Technologies). Discussions with the second-place Vendor of Choice (Tyler Technologies) were conducted under an abbreviated 60-day methodology facilitated by TMG Consulting, where a core team of City staff worked with Tyler to clarify costs for implementation, scope of work, subscriptions, optional products, and refine staffing needs for the project. The result of these conversations resulted in a competitive package that provided full alignment with the City’s requirements of a future system. Today, staff have been able to reach a firm estimation of all costs associated with the full scope of the solution, including data migration, software interfaces, business process mapping and modernization, organizational change management, staff backfill, implementation professional services, as well as the direct implementation of the selected product. The funds being requested for this appropriation are described in greater detail below and are summarized in table format at the end of this section. FY23/24 Enhancement Funding and Original Assumptions ($2.1M) The original budget development of this offer was based on feedback from the industry solution providers who examined the scope of the City’s vision for change and provided rough cost estimates as guidance for writing the offer. Although the original $2.1 million could adequately cover implementation costs, the original budget offer lacked considering other components that would need funding to mitigate project risks. These components can be characterized as lessons learned from initial unsuccessful procurement and implementation of the CIS Utilities project as well as risk and mitigation strategies that were also highlighted by the July 2023 Info-Tech Research Group Report (Attachment A). These additional cost considerations are meant to ensure project success by pairing the implementation with organizational change management, adequate internal staff backfill, and Tyler specific third-party professional services. Strategy Roadmap & Procurement Process ($475K) The City of Fort Collins contracted with TMG who conducted six of seven phases of the procurement process. The following diagram illustrates the three distinct parts (strategy, selection, and contracting) of the process and describes TMG’s methodology within each phase of the procurement process: Staff have worked with TMG to complete 6 of 7 phases of the project with the final phase being conducted internally, utilizing Tyler-specific implementation specialists to review the final contract package. This approach is project. Today, Phase 7 is largely complete and hinges on the project's ability to secure additional funds as requested from City Council. Vendor of Choice Software as a Service Implementation ($2M) Tyler’s implementation services include approximately 9,200 hours of professional services for a period of 19- months. Primary resources allocated to the project include the following roles and responsibilities: • Project Manager: Oversees the project, manages budget and schedule, coordinates resources, and is the primary point of contact. • Consultant: A team of 4-6 resources that will develop and configure the product. This team completes all Tyler related tasks assigned by the project manager, provides support during go-live, and facilitates training. • Change Management Lead: The Vendor’s change management expert will work to integrate with the City’s organizational change management resources. The City is operating under the following assumptions: o The City will continue contracting with Prosci who will lead and develop a multi-phased plan to implement changes successfully. o The City will need to resource an internal Change Management Lead (.50 FTE) who will execute the plan and act as a liaison between Prosci, City, and Tyler’s team. Software Licensing ($1.34M or $670K annually) Tyler’s software offer includes the configuration and go-live of the following components: • Enterprise Permitting & Licensing Core Software o Enterprise Permitting & Licensing Foundation: Acts as a central hub to the different suites GIS, civic access, dashboards, cashiering, all configuration tools, report toolkit, and standard reports. o Business Management Suite: Provides functionality such as electronic license requests, automated routing, and responses. The suite manages licensing types, including business contractors, environmental, alcohol, and marijuana. It provides tools for revenue collection, business tax management, and regulated services. The suite will be able to provide GIS capabilities to track business locations and visualize business distribution within the city. o Community Development Suite: Platform that manages all aspects of the City's planning, permitting, and development processes. Integrates with the Business Management Suite for streamlined operation i.e., centralized property information, centralized contacts, and centralized Dashboards across the suites. o Rental Management Module • Enterprise Permitting & Licensing Extensions (extensions that add functionality to core software) o eReviews: This is required to facilitate the City's electronic plan review process. This component of the system manages the routing, distribution, versioning, and integration into either DigEplan or Bluebeam. o Decision Engine: A digital permit guide that seamlessly integrates with Tyler’s Enterprise Permitting & Licensing software to navigate applicants through the development entitlement, permitting, and licensing application and approval processes. Through a simple interface, applicants can navigate through a series of questions or selections to arrive at the appropriate permitting or licensing task, whether it’s applying, renewing, paying, requesting a meeting or inspection, or just providing more information. o Enterprise Permitting & Licensing Civic Access Payment Toolkit: This allows the City to take online payments through Civic Access. o Enterprise Permitting & Licensing Document Management API Connector: This allows the City to plug our existing Laserfiche application into the overall solution so that documents can be passed into our permanent records when completed. o Enterprise API Connector w/ Selectron: Allows contractors to call in and schedule appointments from an automated system. o SSRS Reporting Access: This is access to the Vendor’s data dictionary + data redundancy for inhouse reporting needs. Selected Optional Components • Enterprise Permitting & Licensing Extension o Citizen Connect – Community Development: Allows the community to monitor development locations and trends through an interactive map and set up notifications if a project is created within a customizable search area. This tool is intended to enhance transparency into the development review and permitting process for everyone in the community. • Integrated Plan Review o DigEplan Pro: Allows all reviewers to use a centralized toolset for the collaboration, review, and markup of plans. This tool is seen as a ‘game changer’ by City Building Services staff due to the system’s ability to allow slip-sheeting, overlay from previous rounds of review, and ability to select multiple sheets from separate rounds of review to create one final ‘approval’ plan set that can be stamped and signed by the plan review department. o These tools will streamline communication between staff and applicants, enable customers to independently update their project plans without having to reprocess entire plan sets, and significantly reduce the review process and project backlogs for building permit plan review and development review staff. Organizational Change Management ($386K) The City of Fort Collins has not made organizational change management (OCM) standard practice in project implementation and therefore was not reflected in the original appropriation request for this project. Through the challenges of the Utilities Customer Information System project and additional work during strategy development for this project, the City recognizes the importance of this methodology in ensuring successful outcomes OCM is a structured approach to helping individuals, teams, and organizations adopt change successfully. It involves planning, communicating, engaging stakeholders, providing training, and monitoring progress to minimize disruption and maximize benefits. The goals of OCM are to understand the impacts and scope of change, ensure adoption and usage, and increase employee understanding and engagement throughout the project. OCM increases the likelihood of successful outcomes. Enterprise OCM is being proposed as part of the baseline offering from the Vendor, however, it does not provide the level of support and resourcing that is anticipated for this project. As part of this agenda item, staff are recommending a .5 FTE Change Management Lead (internal City resource), and services provided by Prosci for a Change Advisor and team. Below is a diagram of how OCM will be resourced and anticipated responsibilities of each party. Third Party Professional Services ($864K) The City of Fort Collins issued an RFP for professional implementation services to migrate from Accela and implement Tyler’s system. While three vendors responded to the RFP, upon thorough evaluation, it was determined that none possessed the requisite expertise to successfully execute the complex migration and implementation process. Through extensive research and vendor identification efforts, staff have identified a single qualified vendor, Park Consulting Group, that possesses the necessary skills, experience, and resources to deliver the project to the City’s satisfaction. Based on this assessment, staff recommend proceeding with a sole source contract with Park Consulting Group to ensure the timely and effective implementation of the new licensing, permitting, and code enforcement system. Hiring a third party project implementer with specific expertise with migrations from Accela to Tyler Technologies will backfill gaps in system knowledge that City staff does not currently possess, ensure that the project stays on schedule and within scope, configuration, follow’s industry best practices, and hold the Tyler Technologies accountable with the technical deliverables of the project, with the project’s configuration, hold the Tyler Technologies responsible, mitigate risks, prevent scope creep, and ensure timely delivery of the system. Staff assume a 20% contingency on this item bringing the requested total to $864k and is noted in the table below. City Staff Backfill for 19-month Implementation Period ($721K) A key finding of the Info-Tech Report highlights the importance of resourcing and staff bandwidth. Insufficiently addressing this aspect of the project poses a significant risk to its success. The proposed backfill strategy aims to provide departments with the necessary resources to support their anticipated project involvement. A contractual entry-level position is suggested to help alleviate the day-to-day workload of functional team members from Code Compliance, Permitting, Development Review, and other departments as assigned. Several other leadership positions will be needed from internal City Staff which include a part time project manager, communications lead and change management lead. •Will train City of Fort Collins staff on change management. •Develop toolsets for sponsor messaging, process change tracking, resistance management, and after-action review. Prosci Change Management Advisor •Provide toolsets •Provide project support for 3-days during project kick-off •1-day a week check-in with project team •Provide support for 3-days during project 'go-live' Vendor Change Management Lead •Act as a liasion between the vendor change management lead and City. City of Fort Collins Change Management Lead In addition, Human Resources has estimated "Supplement Pay" for departments that will have short-term involvement in the project beyond their regular duties. As part of internal backfill, staff is also requesting funding for 24-months as a contingency should timelines slip during implementation. Summarized Estimated Costs Item Implementation Cost Strategy Roadmap & Procurement Process Tyler Technologies SaaS Implementation Professional Services Software Licensing through Implementation City backfill for the two-year implementation period (4 FTE) • Business Support I • Business Support I • Building Technician I • Development Review Coordinator I $539,532* City, Change Management Lead .50 FTE $67,500 * City, Communications Lead .25 FTE $47,000* City, Project Manager .50 FTE $67,000* Third Party Implementation Professional Services • Project Manager • Integration Developer • Training Manager • Test Manager • $864,000* • Phase 1 - $110,200 • Phase 2 – $106,000 • $386,640* $5,836,624 $2,140,200 $3,696,424 *Items assume a 20% contingency. For FTE items, contingency is represented by assuming a 24-month implementation period as compared to the 19- month planned implementation period. CITY FINANCIAL IMPACTS The financial impact of implementing a new software system involves both upfront costs over the 19-month implementation period and subsequent ongoing expenses. Initial investments include the software license, professional services, and internal staffing backfill/support. After the first two years, there will be fixed annual subscription costs for a 3-year period which will then increase at an anticipated 3% rate annually starting year 6. Implementation Period Suggested Funding Previously Appropriated Funds Amount (reserve generated by prior system fee) Total Previously Appropriated Funds $2,140,000 Suggested Funds to be Appropriated Amount (CEF Administrative Allowance) Total Funds to be Appropriated $3,696,424 Total Estimated Project Cost $5,836,624,000 *These sources are comprised of multiple funding streams that fall within the category. The exact breakdown within categories is still to be decided. Tyler Technologies also offers managed professional services for on-going system support that will require additional consideration from City IT Leadership. This is an optional cost and could mitigate the need for hiring additional personnel for ongoing maintenance and servicing of the software. System Funding for Ongoing Subscription Costs The system will require a yearly subscription cost which is estimated to be approximately $700k for the first five years. At the conclusion of five years, a yearly inflationary rate of 3% will be applied. At this time, subscription cost is estimated to $700K as there are Tyler support add-ons that could increase prices by approximately $200k. The necessity of these add-ons continues to be evaluated. The ongoing subscription cost is anticipated to be managed in one or two ways: 1. Reinstatement of a 1.5% fee on all eligible transactions for system payment. There is historical precedence for this fee as it has been previously assessed to pay for the existing legacy system. The exact percentage of the fee could be adjusted to meet and not exceed cost recovery. Certain items such as capital expansion fees would not be subject to the fee due to concerns surrounding the legality of capital expansion fee usage. 2. A model that assigns cost based on system usage. The two implementation years will allow for further development of a suggested methodology. In both scenarios, it is anticipated that at a minimum the General Fund, Utilities Funds, & the Transportation Fund would contribute to ongoing subscription costs. As part of the scope of the project, the system is anticipated to fold in departments who have had a limited use case under the existing legacy system. The scope identified providing functionality to the following user groups: • Environmental Services • Community Development & Neighborhood Services • Poudre Fire Authority • Engineering • Utilities • City Clerk’s Office • City Manager’s Office • Natural Areas • Parks • Information Technology • External Agencies Tyler Technologies will bring expertise and experience to the project. The documented business processes will serve as the basis for testing, training and future process impartments. PUBLIC OUTREACH Over the years, the City has conducted numerous surveys centered around external customer experience with the development review process and most recently, the evaluation of our Current State of Customer Service that is being led by the City Manager’s Office. Development Review Public Outreach The Development Review Group has conducted numerous surveys that have consistently identified pain points in our development review process. These surveys revealed that staff struggled to keep pace with the administrative demands of reviewing development projects, and inefficient tools further contributed to lower- than-expected satisfaction within the development community. Since the introduction of Development Review Coordinators in 2018, a significant administrative gap has been filled. However, several key pain points exist, which include: • Excessive Review Cycles and Subjective Reviews Respondents frequently cited too many rounds of review, overly lengthy processes. • Ineffective Meetings: Poorly organized and unproductive meetings wasted valuable time and resources. • Need for a Simplified Process for Small Projects: Respondents suggested streamlining the review process for smaller projects to reduce administrative burdens. • Limited Electronic Options: A lack of robust online tools hindered efficiency and user experience. This project is anticipated to help re-engineer processes, streamline tasks, and introduce more automated workflows to significantly reduce the administrative burden on staff, and free up time to focus on critical discussions with our community. We also anticipate greater emphasis on self-serve workflows and tools for customers which will save time, walk customers through the process, and identify the status of their project without exchanging emails or calls with staff. Below is a high-level summary of the most recent surveys and studies completed. Current State of Customer Service The current state of customer service report gathered information from 43 participants from departments such as finance, utilities, community services, police services, planning, development, and transportation. The implementation of this project aims to align the City’s objectives by modernizing our technology, providing a standardized level of service to customers, unifying the customer experience, and breaking down departmental silos that impede collaboration. Future Communications Plan As part of this appropriation request, staff proposes to fund a communication lead who will develop a communications plan that will include a public outreach component. A significant shift in how customers interact with the City is anticipated, requiring a clear and concise communication strategy to inform residents and businesses about these changes. This strategy will include a variety of channels, such as the City's website, social media, email newsletters, and traditional media outlets. Additionally, public meetings and training workshops may be held to provide opportunities for direct feedback and input from the community. DISCUSSION / NEXT STEPS: Kelly Ohlson; long overdue (slide 15 – see above) I would have guessed it to be further over in the red - why isn’t is further over in the red? Denzel Maxwell; that is for the degree of impact to impacted departments within the city. This project is very high priority for the city. The is the impact of implementing the project mostly internally. Backfill needs, extra capacity needed for training. Externally - how are we educating the public to use the new tool. That bar signifies organizational impact. Travis Storin; magnitude of change Tyler Marr: we all know that we have a lot of debt on these huge systems - this is the next most important one after the Utilities CIS – that is why we are here with this one. Kelly Ohlson; are we using some of the HVAC funds for this? Travis Storin; not so much - that money was really deployed. The change in minimum fund balance within the General Fund that enabled this - the policy change on the emergency balance. There are a degree of other funds that had available reserves and didn’t have an offer against them in BFO. Kelly Ohlson; why didn’t we get this into the Budget Process we just completed? Travis Storin; the recommended budget was coming together in July. At that point, we were still upstream on the procurement process. The finer points on the appropriation in each of the services in the grid were far from certain at that time. We had indications that the cost would be in this magnitude. Kelly Ohlson; (slide 12 - see below) Average of 4 FTEs per month for 18 months. Are those new hires or existing resources and what happens to them at the end of 18 months? If they are contract, that is how that work but wanted to confirm. Patti Milio; the 4 FTEs are SMEs specifically; most are tied into the IT Department and are currently working on the Accela Project. One is very knowledgeable on the intricacies of the existing system and will help bridge that gap to the new system - she would have to be back backfilled Kelly Ohlson; to confirm, they are new FTEs but some of them may currently be there so we would backfill their current jobs – with contractors – so, not permanent additional FTEs. Kelly Ohlson; what does Natural Areas do that is so complicated? I don’t see the Golf Fund there Travis Storin; the rationale for all of these funds is based on the user base and activity within this system. Staff has been working alongside Natural Areas, they are a beneficiary of the system in the use tax that we collect on permits, but not necessarily in the user base. I think what you will see at First Reading is that fund being proposed from the Transportation Fund as that makes more sense. I don’t know that we have Natural Areas folks actually logging into the system to perform their work. Kelly Ohlson; this is cutting it close – these things come to us and have to be acted on asap. Things change and appropriately and I know you want to get it right or we would have had it sooner. The company we are hiring – is this their first time doing this? Kevin Wilkins; in our specific scenario where we are going from a legacy version of Accela on premise to this - Tyler Tech has completed 56 of this type of project. In our selection of an implementation partner, we need to make sure they have had that level of experience as well. Mayor Arndt; I know we need this and that it is very complicated and that the current scenario is not acceptable. Emily Francis; a question on the funding stack – Do we still have ARPA funds? Travis Storin; as we get closer to the end of this year, we will look at unspent funds in some of our programs. These are programs that have essentially wrapped up and still have surplus budget within those programs. In this case, it was a technical assistance program around building and development which, we felt maintained the character of the deployment here. Emily Francis; when do all ARPA funds have to be spent by? Travis Storin; we have until the end of this year for what is called obligation. Then, once obligated, we have until the end of 2026. We are going to be cognizant that the political landscape could potentially put some of that money at risk. Emily Francis; will Council receive an update on that? Travis Storin; we publish a quarterly ARPA progress report. I don’t recall if that goes to Council, but we will make sure you get the report. Emily Francis; for the sole source – why didn’t they respond to the RFP? Denzel Maxwell; when we didn’t receive any responses back that would meet the need – it was recommended that we go sole source. Emily Francis; I hope it goes more smoothly than last time Kelly DiMartino; we are confident it will because of the incredible amount of thought and work that has gone info getting us to this point. Applying lessons learned from the past. It won’t be perfect Mayor Arndt; modernizing Recreation Appropriation Request Memo Emily Francis; Will we get more information on what it is going to from a program level? Would it be is possible be fully fund the access fund? Travis Storin; we will make sure there is more information in there as we get to a more granular level. I will also ask staff to include whether there is an optionality around what will be addressed with the access fund within the AIS. HR Memo Kelly Ohlson; Medical / Dental/ Life Insurance benefits Voluntary life insurance as well as Police and Fire Pension Association insurance is over by $300K as a direct result of additional subscribers that we didn’t anticipate. Don’t’ we anticipate additional subscribers? What are the higher than anticipated administrative costs? I would like to get this information in a memo for First Reading. Travis Storin; part of the reason you are seeing this is the way that we balance funds as we get to year end. Funds have a code risk if they go over budget, we violate municipal code. We will include the requested information. In terms of the revenue availability, the budget assumes our headcount and that is the primary driver of the premiums that fund collects, but it has to make assumptions around which coverage people enroll in and the number of people enrolling (employee + spouse + children). There is a story of drivers we can include in the AIS. Meeting adjourned COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Dean Klingner, Community Services Director LeAnn Williams, Recreation Director Victoria Shaw, Finance Senior Manager, Community Services Date: December 5th, 2024 SUBJECT FOR DISCUSSION Southeast Community Center Status, Update and Next Steps EXECUTIVE SUMMARY The Southeast Community Center, a City of Fort Collins and Poudre River Public Library District (PRPLD) partnership, is in the early stages of design. The project has a scope and funding history that dates back to the 2015 voter approval of the Community Capital Improvement Tax which included a Community Center with an Outdoor Pool. In the intervening years, additional developments have made expanded opportunities possible. These include completion of multiple studies and plans, a partnership with PRPLD, and a potential funding partnership with Poudre School District. Over the next several months, the design team will be developing funding and scoping options to inform City Council, the PSD School Board, and the Library District Board decisions. This conversation is intended to summarize the background, update project status and developments, and to propose a framework for future decision making by the full Council. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED What questions do Committee members have about the background, status and upcoming steps for this project? What questions do Committee members have regarding partnerships with PRPLD and PSD? What questions do Committee members have about potential project inclusions and funding options? BACKGROUND/DISCUSSION This project includes over 11 years of project development from the completion of a 2013 Feasibility study through today. Due to the volume of background information, this Agenda Item Summary presents the background in summary, not complete detail. • In October of 2013 the City completed the “Fort Collins Southeast Community Recreation & Arts Center – Summary of Needs and Development Plan.” This study provides valuable information about the origination of the idea of a facility in SE Fort Collins, but is now old enough that it does not reflect current community needs. • In January of 2021 City Council adopted “ReCreate, Parks and Recreation Master Plan.” This document is the “north star” for guiding parks and recreation policy and investment and highlights the need and plan for a Southeast Community Center at a high level. • In 2022, at Council request, the City completed a more detailed aquatics study to understand the demand, options and opportunities for public aquatics facilities in Fort Collins. • In 2022, City Council held two Work Sessions and a Council Finance Committee discussing this project. No decisions were made, and as a result of these meetings, City staff continued to work with the Library and PSD as potential partners and began to consider a larger facility than required in the ballot language that could be phased or funded through a future funding source. • In November of 2023, the 2050 1/2-cent sales tax passed with the following ballot language: “50% for the replacement, upgrade, maintenance and accessibility of parks facilities and for the replacement and construction of indoor and outdoor recreation and pool facilities.” (Bolding added for clarity for this discussion) • The 2023-24 City Budget included funds for project development and design. City staff has been actively working on this phase of the project since the 1st quarter of 2024. Progress to date has included hiring of an Owners Representative, a Design Firm / Architect, and a General Contractor. ATTACHMENTS (numbered Attachment 1, 2, 3,…) Headline Copy Goes Here Dean Klingner, Community Services Director LeAnn Williams, Director, Recreation Council Finance Committee -- Southeast Community Center Status and Process Update 12-05-24 Headline Copy Goes HereSoutheast Community Center (SECC)–History, Status, Planning 4 Timeline: How We Got Here CCIP Ballot passed April 7, 2015 Aquatics Council Work Session March 23, 2022 Council Work Sessions Aug,Nov 2022 Today Dec 5, 2024 City Council requests aquatics study during BFO work session October 5, 2021 ReCreate: Parks & Recreation Master Plan adopted January 2021 March – November 2022 Conversations with PSD and PRPLD Owners Rep Selection April 2024 Project Charter Development April 2024 2023 IGA Development and Adoption Aquatics Study Jan 2022 2050 P&R Tax passes Nov 7, 2023 Design & Const. Team Selection Fall 2024 PSD Bond Nov 2024 Headline Copy Goes Here 3 Southeast Community Center (SECC) timeline Community Planning, Project Initiation Project Scope & Budget Development (Conceptual Design) Project Design Construction Opening & Ongoing Operations •2013 Feasibility Study •2015 ¼-cent Ballot •ReCreate (2021) •Aquatics Study (2021) •2050 tax *We are here* Upcoming: Jan 28th WS Feb 25th WS •Council finalizes scope, budget, timeline. •Q1/Q2 2025 Headline Copy Goes Here 4 Partnerships – Poudre School District Poudre School District Status, Framework, Next Steps •IGA creates framework for lap lane partnerships •Outlines 4 key steps: (1) City identifies eligible funding (CCIP and 2050 Tax) (2) PSD identifies eligible funding (Nov 2024 Bond measure) (3) City approves scope and funding – 2025 (4) PSD approves scope and funding – 2025 •Land purchase closes Nov 30th •IGA establishes “fair share” process – capital, operating and long-term maintenance •Land value counts toward PSD share; will be reconciled once final costs are known Headline Copy Goes Here 5 Partnerships – Poudre River Public Library District Library Status, Framework, Next Steps Opportunities – •“Better Together” •Shared spaces •Connected vision, outcomes, focus areas •Integrated user experience •Access to programs and spaces for vulnerable populations Partnership Framework – •Independent costs •Shared costs •Shared operation and replacement costs Headline Copy Goes HereStrategic Alignment Strategic Focus Areas: •Welcoming spaces /Intentional partnerships /Dynamic services Master Facilities Planning: •160,000 sq. ft. of library space for projected 2040 pop. •Includes expanding CTL to at least 40,000 sq. ft. Actions Identified in Plan: •Provide recreational amenities according to level of service standards •Ensure facilities and programs continue to respond to changing user needs •Aquatic facility recommendation •Identified Culture and Innovation Gap Programs and potential spaces Poudre Libraries Strategic Plan & Master Plan Parks & Recreation Master Plan, 2013 Feasibility Study & 2023 Innovation, Recreation & Aquatics Study Headline Copy Goes Here 7 Project Delivery – Project Team Headline Copy Goes Here 8 Determining Project Budget & Scope Starting Points: •2015 Ballot inclusions – Community Center and Outdoor Pool •Library Partnership Additional Opportunities: •Indoor lap lanes with fair share (capital, operating, and major maintenance) agreement with PSD •Scope and scale of Community Center •Expansion of Outdoor Pool scope to extend season (separate pool or maybe design options to have a single pool operate both indoors and outdoors) Headline Copy Goes Here 9 Community Center Level of Service Headline Copy Goes Here 10 Proposed Key Decision Criteria Cost Considerations •Total Capital Cost •Annual On-going costs (earned revenue / City General Fund split) •Major Maintenance Community Needs - Facility Inclusions •Pools / Aquatics •Childcare •Community Spaces •Recreation Spaces •Creative / Innovation Spaces and facility integration •Shared spaces (City/Library) •Alignment with Policy, Plans, Studies Council and Community Priorities •Environmental Sustainability (LEED, water conservation, etc.) •Resourcing vulnerable populations •15-minute City •Making government accessible and fun •Intergenerational spaces •Building Community Headline Copy Goes Here 11 Equity and Vulnerable Populations Headline Copy Goes Here 12 Equity and Serving Vulnerable Populations Key Equity Questions: •Who are we serving? – understanding SE Fort Collins demographics •How is facility designed to be welcoming and accommodating to all? •How can our fee structure work to ensure access for all and operate the facility sustainably? Rental Mobile Home Future Units Ownership Affordable Housing, Land Bank, and Mobile Home Units Headline Copy Goes Here 13 BACK UP SLIDES Headline Copy Goes Here 14 2050 Tax Parks and Recreation 2050 Tax Overview: •½-cent sales tax •Passed in November 2023 •Expires in 2050 •Allocations: 25% Transit, 25% Climate, and 50% FOR THE REPLACEMENT, UPGRADE, MAINTENANCE, AND ACCESSIBILITY OF PARKS FACILITIES AND FOR THE REPLACEMENT AND CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND POOL FACILITIES Headline Copy Goes Here 15 How should 2050 P&R tax be split between eligible elements? Illustration: Life of 2050 tax = 27 years x $10.5M (2024 dollars) = $283 M ~80% = ~227 M replacement/refresh ~=$8.4M/year ~20% = ~$57 M replacement and construction of indoor and outdoor recreation and pool facilities 80% 20% Potential Split of 2050 Parks and Rec Funds Replacement, Upgrade, Maintenance, etc. -- PARKS & RECREATION Replacement & Construction of Indoor and Oudoor Recreation and Pool Facilities Headline Copy Goes Here 16 Funding options for SECC FUNDING SOURCE TOTAL 2015-25 CCIP (existing)$17M DOLA Resilience Grant (existing)$2M CCIP Reserves (Council option)$10M 2050 (Council option – combination of 2050 reserves + bonding)$31M - $36M COMBINED $60M - $65M Headline Copy Goes HereAnticipated Project Timeline 4 All Together – Setting the Stage Nov 5, 2024 City Council Finance WS Dec 5, 2024 Rec Team Work Session Nov 12, 2024 Library Team Work Session Nov 14, 2024 Library Team Work Session Dec 12, 2024 City Council Work Session Jan 28, 2025 Library Board Work Session Feb 11, 2025 City Council Work Session Feb 25, 2025 Projected Building Opening 2028 Design Anticipated Through 2026 Anticipated Construction 2026-2028 City Council Meeting March 17, 2025 All Together – Shared Spaces Jan 7, 2025 Headline Copy Goes HereTeam Roles and Responsibilities 18 18 Core Team Poudre Libraries •Ken Draves •Diane Lapierre City of Fort Collins Recreation •LeAnn Williams •Dean Klingner City of Fort Collins Ops Services •Eric Cluver •Tracy Ochsner •Brian Hergott Expanded Team Poudre Libraries •Branch Managers •Programming & Events Manager •Library Executive Leadership City of Fort Collins Recreation •Sr. Managers, Recreation •Sr. Supervisors, Recreation •Marketing Team City of Fort Collins Op Services •Maintenance Superintendent •Energy Services Manager •Facility Lead Technicians Project Leads Poudre Libraries •Ken Draves City of Fort Collins Recreation •LeAnn Williams City of Fort Collins Ops Services •Eric Cluver -------------- Poudre School District Liaison •Brandon Carlucci Headline Copy Goes HereShared Values Mission Statement To create opportunities and build connections to strengthen our community Vision To be a vibrant and essential center for learning, inspiration, and engagement Values Curiosity, Collaboration, Innovation, Inclusion, Intellectual Freedom, Accountability Mission Statement Exceptional service for an exceptional community. Vision To provide world-class municipal services through operational excellence and a culture of innovation. Values Partnership, Service, Safety & Wellbeing, Sustainability, Integrity & Belonging 19 19 COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY STAFF: Randy Bailey, Accounting Director DATE: December 5, 2024 SUBJECT FOR DISCUSSION: 2024 Financial Policy Review EXECUTIVE SUMMARY: Once a year a portion of Financial Policies are reviewed and updated as needed. Staff is committed to reviewing each policy no less than every 3 years. Policies up for review this year are: Financial Management Policy 1 – Budget Financial Management Policy 2 – Revenue Financial Management Policy 3 – General Financial Management Policy 5 – Fund Balance Financial Management Policy 7 – Debt Financial Management Policy 8 – Investments GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council Finance Committee support the changes as recommended? BACKGROUND/DISCUSSION Financial Management Policy 1 – Budget: This policy has several recommended minor terminology changes for clarity and simplification. Financial Management Policy 2 – Revenue: This policy has five recommended changes: • Section 2.B.5.C Maintain Health Reserves o Update General Fund liquidity rule to reflect decisions made during 2025/2026 budget cycle reducing the 60 day liquidity rule to 45 days. • Section 4 Sales and Use Tax Distribution o Update Sales and Use Tax tables to reflect effective dates and changes since last policy update.  Note sunset of Keep Fort Collins Great at end of 2020  Added 2020 General City Uses Tax of $0.60  Added 2020 General Fund Renewable Tax of $0.25  Added 2024 2050 Tax of $0.50 • Section 5 Philanthropic Contributions o Removed from Policy 2 – Revenue. Revised and covered in two administrative policies; City Give and Philanthropic Governance Financial Management Policy 3 – General: This policy has three recommended changes • Section 2.B 401(a) and 457 Money Purchas Plans o Updated “Direct Reports of City Council” to “Council Appointed Positions” o Updated “Service Area Directors” to “Executive and Senior Leaders” o Updated Employer contribution percentage for Police & Dispatch from 10.5% to 11%. • Section 3 Fund Organization o Added fund 256 – 2050 Tax to the Governmental fund list. • Section 4.D Cost Recovery and Fee Setting o Removed reference to “Keep Fort Collins Great” tax and referenced “…voter approved tax revenue” Financial Management Policy 5 – Fund Balance Minimums: This policy has one recommended change. • Section 3.A Minimum Balances o Update General Fund liquidity rule to reflect decisions made during 2025/2026 budget cycle reducing the 60-day liquidity rule to 45-days. Financial Management Policy 7 – Debt: This policy was reviewed and no changes are recommended at this time. Financial Management Policy 8 – Investments: This policy has one recommended change. • Section 2 Scope o Updates term “Trust and Agency Funds” to “Fiduciary Funds” to be inclusive of pension, trust and agency funds. ATTACHMENTS • Presentation Slides • Policy 1 – Budget, clean version with changes highlighted • Policy 2 – Revenue, clean version with changes highlighted • Policy 3 – General, clean version with changes highlighted • Policy 5 – Fund Balance Minimums, clean version with changes highlighted • Policy 7 – Debt, clean version with no changes recommended • Policy 8 – Investment, clean version with changes highlighted Headline Copy Goes Here Accounting Director December 5, 2024 Randy Bailey Financial Management Policy Review Headline Copy Goes HereDirection Sought •Does Council Finance Committee support the changes as recommended? Headline Copy Goes Here 3 Scope of Review Policy #Policy Name Last CFC Review Date Next CFC Review Date 1 Budget November 2020 December 2024 2 Revenue November 2020 December 2024 3 General November 2020 December 2024 5 Fund Balance December 2022 December 2024 7 Debt January 2022 December 2024 8 Investments January 2022 December 2024 Headline Copy Goes Here 4 •Policy 1 – Budget Headline Copy Goes Here 5Summary of Changes Section As published Revised i.Objective …scarce resources …finite resources 1.Overview …through the budget, services are implemented. …goals Utilization of the budget process enables current levels of programs and services to continue and new programs and services to be implemented. …priorities 2.Principles for Budget Planning …residents In addition, the 2005-2007 Policy Agenda sets forth the implementation… with desired outcomes. …community [Removed to simplify] 3.Scope 3.D) …commencing in 2010 and every other year thereafter… [Removed to simplify] 4.Roles and Responsibilities From April through June, City staff… budget.[Removed to simplify] 5.Budgeting Control System 6.Balanced Budget Definition 7.Contingency Planning for Unanticipated Revenue Shortfalls Policy 1 – Budget Terminology updates for greater clarity and simplification Headline Copy Goes Here 6 •Policy 2 – Revenue Headline Copy Goes Here 7Summary of Changes Section As published Revised 1.Limitations under TABOR 2.Revenue Review, Objectives and Monitoring 2.B.5.C Maintain Healthy Reserves …contingency of 60 days or 17% of next year’s adopted budgeted expenditures 2.B.5.C Maintain Healthy Reserves …contingency of 45 days or 12.5% of next year’s adopted budgeted expenditures 3.Fee Policy 4.Sales and Use Tax Distribution Voter approved taxation trend 1968 – 2020 Effective taxation detail 2020 Voter approved taxation trend 1968 - 2024 Effective taxation detail 2024 5.Philanthropic Contributions Legacy policy Removed from Policy 2 – Revenue. Revised and included in two administrative policies; City Give and Philanthropic Governance Policy 2 – Revenue General Fund contingency limit update – see Policy 5 Tax structure updates Headline Copy Goes Here 8ChangesPolicy 2.4 – Revenue Headline Copy Goes Here 9 •Policy 3 – General Headline Copy Goes Here 10Summary of Changes Section As published Revised 1.Administrative Charges 2.Medical Insurance and Retirement Plan B.2) Minor updates to plan matrix 3.Fund Organization Add fund: 256 – 2050 Tax 4.Cost Recovery and Fee Setting D. Recreation Fund Rates and Charges Policy …50% of the Keep Fort Collins Great portion… D. Recreation Fund Rates and Charges Policy …voter approved tax revenues… 5.Capital Improvement Program 6.Using State Allocation of Private Activity Bonds Policy 3 – General Minor updates to reflect normal period changes Headline Copy Goes Here 11ChangesPolicy 3 – General Section 2.B 401(a) and 457 Money Purchase Plans Section 3 Fund Organization Headline Copy Goes Here 12 •Policy 5 – Fund Balance Minimums Headline Copy Goes Here 13Summary of Changes Section As published Revised 1.Governmental Funds and Fund Balances 2.Proprietary Funds and Working Capital 3.Minimum Balances 3.A General Fund 60-day liquidity goal; 60 day or 17% of subsequent year’s budgeted expenditures and transfers out. 3.A General Fund 45-day liquidity goal; 45 day or 12.5% of subsequent year’s budgeted expenditures and transfers out. 4.Below Minimum Policy 5 – Fund Balance Minimums General Fund contingency limit update Headline Copy Goes Here 14Changes•Policy 5.3.A – General Fund * Estimates based on budget information General Fund 2019 2020 2021 2022 2023 *2024 Budget 152,740,315 156,472,057 182,363,393 201,246,909 221,713,275 221,179,814 Less: ARPA (10,953,647) (14,900,000) (4,845,853) Net Budget 152,740,315 156,472,057 182,363,393 190,293,262 206,813,275 216,333,961 Total Expenditures 132,815,412 150,753,191 147,515,788 169,831,624 202,293,424 221,179,814 Fund Balance 71,768,144 62,757,091 86,545,002 85,449,320 76,661,985 51,972,652 Contingency (17%)26,600,250 31,001,777 32,349,855 35,158,257 36,776,773 42,170,975 Contingency (12.5%)19,559,007 22,795,424 23,786,658 25,851,659 27,041,745 31,008,070 I(D)7,041,243 8,206,353 8,563,197 9,306,597 9,735,028 11,162,905 TABOR emergency reserve @ 3% of governmental revenues 7,105,519 6,673,522 7,670,272 7,779,526 9,011,743 Equivalent percent of operating expenditures 5%5%5%4%4% Comparative contingency reserves: City < 12.5%12.5%15%17%> 17%Note Ann Arbor MI x x x Range of 15% - 20% Bellingham, WA x Minimum is the greater of $5M or 6% of opex David, CA x Denton Tx x 20% of operating expenditures plus 5% resiliency reserve Durham NC x x x Currently running closer to 12% with a plan to recover. Flagstaff AZ x x x Range of 15% - 20% Fort Collins, CO x x x 12.5% of operating expenditures plus 4-5% emergency reserve. Raleigh NC x x x x Can run as low as 8% Santa Barbara, CA x x x Disaster reserve of 15% and 10% contingency Tacoma, WA x Headline Copy Goes Here 15 •Policy 7 – Debt Headline Copy Goes Here 16Summary of Changes Section As published Revised 1.Authorization for Municipal Borrowing 2.Purposes and Uses of Debt 3.Types of Debt and Financing Agreements 4.Debt Structure and Terms 5.Refinancing Debt 6.Debt Limitations and Capacity 7.Debt Issuance Process 7.Inter-agency Loan Program 7.Other Policy 7 – Debt Reviewed and no changes recommended at this time Headline Copy Goes Here 17 •Policy 8 – Investments Headline Copy Goes Here 18Summary of Changes Section As published Revised 1.Policy 2.Scope Trust and Agency Funds Fiduciary Funds [inclusive of pension, trust and agency funds] 3.Investment Objectives 4.Standards of Care 5.Safekeeping and Custody 6.Suitable and Authorized Investments 7.Diversification and Liquidity 8.Reporting 9.Policy Adoption Policy 7 – Investments Minor terminology change for clarity Headline Copy Goes HereDirection Sought •Does Council Finance Committee support the changes as recommended? Financial Policy 1 – Budget 1 Financial Management Policy 1 Budget Issue Date: 01/12/21 Reviewed: 12/5/24 Version: 5 Issued by: Budget Director Objective: Governments allocate finite resources to programs and services through the budget process. As a result, it is one of the most important activities undertaken by governments. The purpose of this policy is to establish parameters and provide guidance governing the budget for the City of Fort Collins (City). Applicability: This budget policy applies to all funds and Service Areas of the City. Authorized by: City Council Resolution 2014-058, 2017-101, 2021-010 Financial Policy 1 – Budget 2 1.1 Overview The Fort Collins City Charter establishes time limits and the essential content of the City Manager’s proposed budget; however the budget preparation process is not prescribed, but is developed by the City Manager with input from the City Council. The fiscal year of the City is the calendar year. The City may adopt budgets for a budget term of one fiscal year or more. After the Charter amendment in 1997 allowing the City Council to set by ordinance a budget term to be more than one fiscal year, the Council has adopted two-year budgets that correspond with the election cycle, with the recent exception of having a one-year budget for fiscal years 2021 and 2022 due to the COVID pandemic. The budget is a 2-year plan by which the City Council sets the financial and operational priorities for the City. Utilization of the budget process enables current levels of programs and services to continue and new programs and services to be implemented. The budget along with the annual appropriation ordinance provides the basis for the control of expenditures. The State Constitution and the City Charter provide the basic legal requirements and timelines for the process. Council priorities, ordinances and resolutions provide additional direction and respond to the needs of the community. 1.2 Principles for Budget Planning The City provides a wide variety of services to the community. It is in the power of the City Council to adopt a budget and manage the available resources to best meet the service needs for the overall good of the community (Charter Article II, Section 5 (c)) In 2005 the City Council, on recommendation from the City Manager, endorsed the Budgeting for Outcomes (BFO) budget process. At a high level, the budgeting for outcomes methodology can be summarized as: 1. Determine how much money is available. The budget should be built on expected revenues. This would include base revenues, any new revenue sources, and the potential use of fund balance. 2. Prioritize results. The results or outcomes that matter most to the community should be defined. Elected leaders should determine what programs are most important to their constituents. 3. Allocate resources among high priority results. The allocations should be made in a fair and objective manner. 4. Conduct analysis to determine what strategies, programs, and activities will best achieve desired results. 5. Budget available dollars to the most significant programs and activities. The objective is to maximize the benefit of the available resources. 6. Set measures of monthly progress, monitor, and close the feedback loop. These measures should assign monthly budget, spell out the expected results and outcomes and how they will be measured. Financial Policy 1 – Budget 3 7. Check what actually happened. This involves using performance measures to compare actual versus budgeted results, and financial measures for budget versus actual results on a monthly basis. 8. Communicate performance results. Internal and external stakeholders should be informed of the results in an understandable format. At that time, the City Council also identified the key outcomes it believed should be used in the new budget process. In 2012, the City Council passed resolution 2012-076 promoting improved results through performance measures and data-driven decision making. In reference to the budget, an outcome-based performance measurement system helps ensure that available resources are used to achieve excellent results at low cost to the taxpayers and will enhance the community’s understanding of the City and the services it provides. 1.3 Scope A. Comprehensiveness The proposed budget shall provide a complete financial plan for each fund of the City and shall include appropriate financial statements for each type of fund showing comparative figures for the last completed fiscal year, comparative figures for the current year, and the City Manager's recommendations for the ensuing budget term (City Charter Article V, Part 1, Section 2). In addition, the City of Fort Collins Budget Document may include items such as: 1) Statement of organization-wide strategic goals. 2) A description of the budget process, including a timeline. 3) A Glossary of Budget Terms. 4) A City of Fort Collins organizational chart. 5) Letter from the City Manager. 6) Budget Overview which may include: a) The economic outlook; b) Revenue assumptions; c) Summary of use of reserves; d) Budget priorities and highlights. 7) Copy of signed appropriation ordinance and a schedule of 2nd year proposed appropriations. 8) Revenue, expense and changes in fund balance summaries. 9) Summary of employee full-time equivalent staffing by service area and department. 10) A section for each of the key strategic Outcomes, which may include: a) Information indicating how the Offers in the Outcome are funded, by fund; b) Major key purchases; c) Major enhancements purchased; d) Detailed listing of all offers funded and unfunded; e) Strategic objectives of the Outcome. 11) Fund Statements. Financial Policy 1 – Budget 4 12) Overview of debt position. 13) Current Capital Improvement Plan. 14) Summary of changes to user fees. 15) Summary of property tax mill levy and assessments. The annual appropriation ordinance shall also include the levy in mills, as fixed by the Council, upon each dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes for City purposes necessary to provide, during the ensuing fiscal year, for all properly authorized expenditures to be incurred by the City, including interest and principal of general obligation bonds. If the Council fails in any year to make said tax levy as above provided, then the rate last fixed shall be the levy fixed for the ensuing fiscal year and the Financial Officer shall so certify (Charter Article V, Section 5). B. Budget Form The City of Fort Collins uses the Budgeting For Outcomes model to create the City budget. A new budget is designed from the ground up based on the results desired in each of the Outcomes defined by the City. The BFO budget-building process includes four steps: 1) Determine how much revenue will be available (the price people pay); 2) Determine the priorities of the City and the Community members and the results to be achieved; 3) Allocate the revenue needed to achieve the desired results; 4) Determine which budget items will best produce the desired results at the price allocated. C. Basis of Budgeting All budgetary procedures conform to the City Charter and Code, state regulations and to generally accepted accounting principles. The basis or principle used for budgeting is the same as that used for accounting, with a few exceptions, and varies according to the fund type. Governmental Funds use the modified-accrual basis of accounting. This means that revenues are recognized when they are earned, measurable and available. Expenditures are recognized in the period that liabilities are due and payable. The budgetary basis is the same and is used in the General Fund, Special Revenue and Debt Service Funds, and Capital Project Funds. Proprietary and Fiduciary Funds use the full accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when liabilities are incurred. However, the budgetary basis in these funds is primarily based on the modified-accrual approach. Instead of authorizing budget for depreciation of capital assets, the budget measures and appropriates cash outflows for capital acquisition and construction, which is a modified-accrual approach. In full accrual based accounting debt proceeds are recorded as liabilities rather than a revenue (funding source). For these reasons, a reconciliation and adjustment is made on these fund statements to show the difference between the budgetary Financial Policy 1 – Budget 5 basis and the accounting basis. D. Budget Calendar The fiscal and accounting year shall be the same as the calendar year. "Budget term" shall mean the fiscal year(s) for which any budget is adopted and in which it is to be administered. Council shall set by ordinance the term for which it shall adopt budgets (Charter Article V, Section 1). On or before the first Monday in September the City Manager shall file with the City Clerk a proposed budget for the City for the ensuing two-year term (Charter Article V, Section 2). The Council shall, within ten (10) days after the filing of said proposed budget with the City Clerk, set a time certain for public hearing and cause notice of such public hearing to be given by publication. At the hearing, all persons may appear and comment on any or all items and estimates in the proposed budget. Upon completion of the public hearing the Council may revise the budget estimates (Charter Article V, Section 3). After said public hearing and before the last day of November preceding the budget term, the Council shall adopt the budget for the ensuing term. The adoption of the budget shall be by ordinance. Before the last day of November of each fiscal year, the Council shall appropriate such sums of money as it deems necessary to defray all expenditures of the City during the ensuing fiscal year. The appropriation of funds shall be accomplished by passage of the annual appropriation ordinance. Such appropriation of funds shall be based upon the budget as approved by the Council but need not be itemized further than by fund with the exception of capital projects and federal or state grants which shall be summarized by individual project or grant (Charter Article V, Section 4). Appropriations for each year of the two-year budget will be approved by the City Council annually. Appropriations for the 2nd year of the biannual budget are adopted during the budget revision process. That process allows for adjustments to the originally adopted biennial budget that address new Council priorities or support changing needs based on economic conditions. The City Manager may present any budget adjustment recommendations to the City Council in Work Sessions and then Council may amend the budget and, as required by the City Charter, appropriate or authorize expenditures for the coming fiscal year. 1.4 Roles and Responsibilities All powers of the City and the determination of all matters of policy are vested in the Council except as otherwise provided by the Charter. Without limitation of the foregoing, the Council has the power to adopt the City’s budget. The City Manager is responsible to the Council for the proper administration of all affairs of the City and to that end has the power and is required to prepare the budget and submit it to Financial Policy 1 – Budget 6 the Council and be responsible for its administration after adoption. The City Manager and Chief Financial Officer, along with the other executive directors, known as the Budget Lead Team (BLT), develop the guidelines, consistent with the policies, to be used for budget preparation. During the development of the budget, various department and division representatives may be called upon to provide their expertise. 1.5 Budgeting Control System No appropriation may be made by the Council which exceeds the revenues, reserves or other funds anticipated or available at the time of the appropriation, except for emergency expenses incurred by reason of a casualty, accident or unforeseen contingency arising after the passage of the annual appropriation ordinance (Charter Article V, Section 8 (a)). Control of expenditures is exercised at the fund level. Fund managers are responsible for all expenditures made against appropriations within their fund and can allocate available resources within the fund. All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except for: • appropriations for capital projects do not lapse until the completion of the capital project; and • federal or state grants do not lapse until the expiration of the federal or state grant (Charter Article V, Section 11). A. Budget Transfers Between Funds or Capital Projects During the fiscal year, the Council may, by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account provided that: 1) the purpose for which the transferred funds are to be expended remains unchanged; 2) the purpose for which the funds were initially appropriated no longer exists; or 3) the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance (Charter Article V, Section 10 (b)). Within a Fund Budget control is maintained at the departmental level. The City Manager may, during the fiscal year, transfer any unexpended and unencumbered appropriated amount within the same fund (Charter Article V, Section 10(a)). The Chief Financial Officer also has the authority to approve departmental expenses greater than the budget for that department so long as the Financial Policy 1 – Budget 7 overall expenses in the fund serving that department are less than the budgeted amount for the fund. In no case may the total expenditures of a particular fund exceed that which is appropriated by the City Council (Charter Article V, Section 8(b)). B. Applicable Amendments to the Budget Budget Increases There generally are four opportunities during the fiscal year for supplemental additions to the current year annual appropriation approved by Council: 1) The first is through the encumbrance carry-forward process whereby approved purchase orders that cannot be executed prior to the end of the fiscal year will have available budget carried forward into the new year. 2) The second is usually adopted in March/April to re-appropriate funds from the previous year’s ending balance for projects or obligations that were approved but not completed during that year. 3) The third opportunity in the 2nd half of the year is used to fine-tune (clean-up) the current fiscal year for previously unforeseen events. In addition, if revenue is received during the fiscal year from a source that was not anticipated at the time of budget adoption or appropriation for the fiscal year, such as grants or implementation of a new fee, Council may appropriate that unanticipated revenue for expenditure when received anytime during the year. 4) Lastly, the Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues to be received by the city during the fiscal year. This provision shall not prevent the Council from appropriating by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated (Charter Article V, Section 9). Budget Decreases/Frozen Appropriations The budget may be decreased below adopted appropriations during the fiscal year due to changes in service demand, changes in economic conditions, and/or changes in Council goals. Each service area is responsible for developing a plan to reduce appropriations, which will be ready for implementation should the need arise. If the City Manager directs budget reductions, Council will be informed and the appropriations will be “set aside” through administrative action. While the appropriation amount is not changed, expenditures shall not exceed the reduced amount recommended by the City Manager. Financial Policy 1 – Budget 8 C. Order of Funding when Multiple Funding Sources Available Sometimes a given project or program has multiple sources of funding available. Examples of such projects include but are not limited to grant funded projects, jointly funded projects/programs between governmental and proprietary funds, or projects/programs where both dedicated tax and/or fee revenues and General Fund tax revenues are available. Unless stated otherwise within the authorizing ordinance, budget offer, or a contractual agreement, funding sources will be applied in the order of most-constrained to least- constrained in the judgment of City staff. For example, a project jointly funded by the General Fund and the Natural Areas Fund would first fund project spending using all available and appropriated Natural Areas revenues prior to spending appropriated General Fund revenues. This is in an effort to maximize the benefit of available sources in accordance with the principles described in section 1.2 above. 1.6 Balanced Budget Definition All funds are required to balance. As such, total anticipated revenues must equal the sum of budgeted expenditures for each fund. Revenues are derived from two sources: current revenue charges and unallocated reserves carried forward from prior years. 1.7 Contingency Planning for Unanticipated Revenue Shortfalls During times when the City experiences significant unanticipated revenue shortfalls, a contingency plan will be developed that outlines the necessary steps to align expenditures to meet the actual revenue received. The contingency plan will target the funds being impacted by the revenue shortfall. In general, the priority order of the steps in our contingency methodology are: • Align ongoing expenditures with anticipated ongoing revenue • Sweep vacancy savings and non-service related savings such as fuel or utilities if under budget • If a Contingency Reserve has been established, utilize a portion of that reserve • Develop a stop doing list utilizing the drilling platform prioritization. • At a Service Area level, reduce expenditures related to o discretionary expenditures o new hires/vacancies (postponement of posting positions) o travel and training o reduced levels of support to programs Financial Policy 2 – Revenue 1 Financial Management Policy 2 Revenue Issue Date: 01/12/21 Reviewed: 12/5/24 Version: 5 Issued by: Revenue and Project Manager 2.1 Limitations under TABOR (Taxpayer Bill of Rights) A. Background The City of Fort Collins’ revenue and expenditures are limited by Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution (TABOR). While TABOR limits both revenue and expenditures, its primary application is in limiting revenue collections. Growth in revenue is limited to the increase in the Denver-Boulder-Greeley Consumer Price Index plus local growth (new construction and annexation). This percentage is added to the preceding year’s revenue base, giving the dollar limit allowed for revenue collection in the ensuing year. Any revenue collected over the limit must be refunded to the residents unless the voters approve the retention of the excess revenue. Federal grants or gifts to the City are not included in the revenue limit. City enterprises (electric, water, wastewater and stormwater utilities) are also exempt from the imposed limits. In 2003, the Golf Fund revenue sources was considered for enterprise status for purposes of TABOR. Objective: Monitoring and controlling revenues is important to the City of Fort Collins. Through its revenue policy, the City primarily aims to maintain a diversified revenue system which will protect it from possible short -term fluctuations in any of its various revenue sources. To accomplish this, revenues are monitored on a continuous basis. An understanding of the economic and legal factors which directly and indirectly affect the level of revenue collections is an important part of the City’s revenue policy. Applicability: This policy applies to all City Revenues. This policy does/does not apply to or govern revenues generated by City-owned general improvement districts, DDA, URA, PFA or Library District. Authorized by: City Council, Resolutions 1994-174, 2013-093, 2016-096, 2021-010 Financial Policy 2 – Revenue 2 B. ‘De-Brucing’ In November 1997, Fort Collins’ voters approved a ballot measure that allows the City to retain revenues that exceed the growth limit imposed by TABOR. The measure specified that any retained revenues over the growth limit must be used for certain designated purposes. • Public Health and Safety (including, but not limited to, environmental monitoring and mitigation) • Transportation • Growth Management • Maintenance and Repair of Public Facilities C. TABOR Notice for New Tax or Tax Increase • Develop revenue forecasts that are reasonable and factor in the implications of over collection. • Review these forecasts with the appropriate leadership staff. D. Monitor New Tax Revenue • Staff will monitor actual revenue against the forecast revenue disclosed in the TABOR notice. • In the second year, confirm first years’ actual revenue to forecast and determine if any action is needed. Provide a report to the City Council with results and any recommended action. E. TABOR Legislation and Judicial Decisions Staff shall monitor new TABOR legislation, judicial decisions and actions taken by other governments to see if they affect the City. This will include working with the City’s outside consultants, such as special bond counsel and CML. When such matters are discovered affecting the City, staff will confer to determine what actions, if any, the City should take in response. F. Documentation of ‘Fiscal Year Spending’ under TABOR Although the City has de-Bruced, current interpretations of TABOR section 20(3)(c) merit the need for the ongoing calculation of “fiscal year spending”. Staff will maintain and update records annually to calculate the City’s fiscal year spending under TABOR. These records shall be kept for at least six years. Also, documentation shall be kept current that defines which related agencies, funds and types of revenues are required under TABOR to be included in fiscal year spending and those that can be excluded. Financial Policy 2 – Revenue 3 2.2 Revenue Review, Objectives and Monitoring A. Review and Projections The City reviews estimated revenue and fee schedules as part of the budget process. The major revenue sources in the General Fund are sales and use tax, property tax, lodging tax, intergovernmental revenues, fines and forfeitures, user fees and charges, and transfers from other funds. Conservative revenue projections are made for the budget term. The projections are monitored and updated as necessary. B. Principles The City has established six (6) general principles that will be used to guide decisions on revenue: 1. Develop and maintain stable revenue sources. The City will strive to maintain stable revenue sources by: a. Targeting revenue sources with minimal volatility b. Monitoring current revenue sources for variability c. Adjusting forecasts as necessary to accommodate unanticipated increases and declines d. Monitoring and adjusting expenditures for unanticipated revenue gains/losses 2. Develop and maintain a diverse revenue base. For all general government operations, the City will strive to maintain diverse revenue sources. The City recognizes that becoming too dependent upon one revenue source would make revenue yields more vulnerable to economic cycles. Therefore, the City will strive to maintain diverse revenue sources by: a. Targeting revenue from multiple sources b. Working to expand fee-based revenue where possible c. Working to minimize overdependence on any single revenue source d. Staff will monitor dependency on sales and use tax to ensure an over reliance does not occur 3. Cultivate revenue sources that are equitable among residents of different economic levels. The City will strive to preserve a revenue stream that does not overburden low-income residents by: a. Providing low-income residents with opportunities to participate in programs through reduced fee structures and scholarships b. Providing a Sales Tax on Food and Utility rebate to lessen the burden of taxes and fees on low-income residents Financial Policy 2 – Revenue 4 c. Ensuring fees do not exceed cost to provide service 4. Generate adequate revenue to maintain service levels in line with resident expectations. The City will generate adequate revenue to maintain core service levels by: a. Ensuring fees for service do not exceed cost to provide service b. Maintaining a cost recovery model c. Monitoring service level performance annually through the Community Scorecard d. Regularly reviewing services to assess core vs. desired 5. Maintain healthy reserves. The City will maintain healthy reserves by: a. Adhering to State mandated reserve and internal reserve policies b. Maintaining a Tabor (State) reserve for the General Fund of 3% or more of the City’s fiscal year spending c. Meeting City policy for the General Fund of an additional contingency of 45 days or 12.5% of next year’s adopted budgeted expenditures 6. Fees for Services are fairly born by those who use those services. C. Monitoring In an annual summary financial report, the major sources revenue and the associated percentages will be reviewed by the Council Finance Committee. 2.3 Fee Policy As a home rule municipality, the City of Fort Collins has the ability to determine the extent to which fees should be used to fund City facilities, infrastructure and services. There are two kinds of fees that the City may establish: Impact Fees and Special Service Fees. Impact fees are typically one-time charges levied by the City against new development. Impact fees are based on current levels of service and act as a buy-in method for new development. The revenue can only be used for capital infrastructure needs created by the impact of the new development. However, the City may and does employ other methodologies legally available to calculate its impact fees. Special service fees are charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed. This Policy sets forth principles for identifying: (1) the kinds of services for which the City could appropriately impose fees; (2) methods for calculating the percentage of costs to be recovered by such fees; and (3) the manner in which the fees should be allocated among individual fee payers. A. Fees should be cost related The amount of a fee should not exceed the overall cost of providing the facility, Financial Policy 2 – Revenue 5 infrastructure or service for which the fee is imposed. Cost may include direct and indirect costs. That is: 1. Costs which are directly related to the provision of the service; and, 2. Support costs which are more general in nature but provide support for the provision of the service. B. Percentage of cost recovery The extent to which the total cost of service should be recovered through fees depends upon the following factors: 1. The nature of the facilities, infrastructure or services. In the case of fees for facilities, infrastructure as well as governmental and proprietary services, total cost recovery may be warranted. In the case of governmental services, it may be appropriate for a substantial portion of the cost of such services to be borne by the City’s taxpayers, rather than the individual users of such services. 2. The nature and extent of the benefit to the fee payers. When a particular facility or service results in substantial, immediate and direct benefit to fee payers, a higher percentage of the cost of providing the facility or service should be recovered by the fee. When a particular facility or service benefits not only the fee payer but also a substantial segment of the community, lower cost recovery is warranted. 3. The level of demand for a particular service. Because the pricing of services can significantly affect demand, full cost recovery for services is more appropriate when the market for the services is strong and will support a high level of cost recovery. 4. Ease of collection. In the case of impact fees, ease of collection is generally not a factor. In the case of fees for services, however, such fees may prove to be impractical for the City to utilize if they are too costly to administer. C. Establishment and Modification of Fees and Charges The following Impact Fees imposed by the City are established by the City Council by ordinance and may be modified only by ordinance of the City Council. 1. Six Capital Expansion Fees: Transportation, Neighborhood Park, Community Park, Fire, Police and General Government 2. Five Utility Fees: Water Supply Requirement, Electric Capacity, Sewer Plant Investment, Stormwater Plant Investment, Water Plant Investment Fee updates occur on a regular two and four-year cadence and fee updates occur together to provide a more holistic view of the impact of any fee increases. Detailed Financial Policy 2 – Revenue 6 fee study analysis for all six Capital Expansion Fees occurs every four years. This requires an outside consultant through a request for proposal (RFP) process where data is provided by City staff. Findings by the consultant are also verified by City staff. For Utility Fees, a detailed fee study is planned every two years. These are internal updates by City staff with periodic consultant verification. Fee study analysis will be targeted in the odd year before Budgeting for Outcomes (BFO). In years without an update, an inflation adjustment occurs. The amounts of all other service and administrative fees may be determined by the City Manager as provided in City Code Chapter 7.5, Article I, absent any provision of the City Charter the contrary. Development Review/Building Fees follow the same four-year cadence as the Capital Expansion Fees. All fee revenues will be estimated by the City Manager and submitted to the City Council as part of the City Manager’s recommended budget. D. Rebate Programs If the amount of a particular fee is considered to be too high to accommodate the needs of particular segments of the community and the public interest would be served by adjusting the amount or manner of payment of such fees in particular instances, the amount of the fee may be waived, rebated, or deferred as appropriate. In the case of fees established by ordinance, the criteria for waiving, rebating, or deferring payment of such fees shall be established by the City Council by ordinance. 2.4 Sales and Use Tax Distribution Sales and Use Tax shall be used and accounted for as intended by the voters. Details of how the different segments of sales and use tax are used are outlined in the City Code Chapter 25. The following is a summary for informational purposes only. The City's Sales and Use Tax currently totals 4.35 cents on a $1.00 purchase, as follows: Effective January 1, 2024 1968 - General City uses 1.00 cent 1980 - General City uses 1.00 cent 1982 - General City uses 0.25 cent 2006 - Natural Areas & Open Space 0.25 cent* 2011 - Keeping Fort Collins Great 0.85 cent*** 2015 - Street Maintenance 0.25 cent* 2015 - Community Capital Improvement Program 0.25 cent* 2020 – General City Uses 0.60 cent** 2020 – General Fund Renewable 0.25 cent** 2024 – 2050 Tax 0.50 cent** 4.35 cent * Excludes sales and use tax on grocery food for home consumption ** Excludes sales and use tax on grocery food for home consumption and use tax for manufacturing equipment *** Keep Fort Collins Great tax sunset end of 2020 Financial Policy 2 – Revenue 7 2.4.A Management and reporting of 2050 Tax Proceeds Voters approved the November 2023 City-Initiated Ballot Issue No. 1 for a 0.50% sales and use tax beginning January 1, 2024 and ending December 31, 2050. Colloquially this renewable tax is referred to as the “2050 Tax”. The ballot measure read as follows: SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $23,800,000 IN THE FIRST FULL FISCAL YEAR (2024), AND BY SUCH AMOUNTS COLLECTED ANNUALLY THEREAFTER, FROM A .50% SALES AND USE TAX BEGINNING JANUARY 1, 2024, AND ENDING AT MIDNIGHT ON DECEMBER 31, 2050, WITH THE TAX REVENUES SPENT ONLY FOR THE FOLLOWING: • 50% FOR THE REPLACEMENT, UPGRADE, MAINTENANCE, AND ACCESSIBILITY OF PARKS FACILITIES AND FOR THE REPLACEMENT AND CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND POOL FACILITIES, • 25% FOR PROGRAMS AND PROJECTS ADVANCING GREENHOUSE GAS AND AIR POLLUTION REDUCTION, THE CITY’S 2030 GOAL OF 100% RENEWABLE ELECTRICITY, AND THE CITY’S 2050 GOAL OF COMMUNITY-WIDE CARBON NEUTRALITY, AND • 25% FOR THE CITY’S TRANSIT SYSTEM, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS, PURCHASE OF EQUIPMENT, AND UPGRADED AND EXPANDED SERVICES; • AND WHILE CITY COUNCIL MAY EXERCISE ITS DISCRETION IN DECIDING THE TIMING OF SPENDING FOR EACH CATEGORY, THAT SPENDING SHALL SUPPLEMENT AND NOT REPLACE THE CURRENT CITY FUNDING FOR THE SPECIFIED PURPOSES AND SHALL BE RECONCILED TO THE STATED PERCENTAGES BY THE END OF 2030, 2040, AND WHEN THE LAST REVENUES COLLECTED FROM THE TAX ARE SPENT, BUT THIS TAX SHALL NOT APPLY TO: • ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX; • FOOD FOR HOME CONSUMPTION; AND • MANUFACTURING EQUIPMENT, BUT FOR THE USE TAX ONLY; • AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? The following policy language is intended to: 1. Further prescribe the City Council’s intended split of the 50% Parks/Recreation share. The categories of Replacements, Upgrades, Maintenance, and Accessibility are intended for the majority of funding, and thus the amounts for construction of “indoor and outdoor recreation and pool facilities” is limited to 20% of the overall proceeds within the 50% share, reconciled by gross appropriations at the same 2030, 2040, and 2050 frequencies as prescribed by the ballot 2. Further direct staff to report to Finance Committee annually the life-to-date spending percentages for each of the three ballot categories (Parks/Rec, Transit, Climate) to ensure well-planned proportionality between the categories for management of the 2030, 2040, and 2050 legal reconciliation milestones. Financial Policy 2 – Revenue 8 2.5 Philanthropic Contributions (removed) The City of Fort Collins (City) will pursue philanthropic support consistent with the City’s goals and objectives, and in the best interests of Fort Collins residents. The City will always consider the public trust and comply with all applicable laws when soliciting and accepting philanthropic donations. Strong oversight of philanthropic gifts is a priority, and the City has created multiple layers of accountability and transparency for donated funds and the projects receiving donated funds. Charitable gifts to the City can only be used for the intended purpose designated by donors. Charitable gifts to the City delivered directly into the budgets of benefiting projects, and can’t be redirected by elected officials or City staff. The City reserves the right to decline any charitable gift if, upon review, acceptance of the donation offer is determined in the sole discretion of the City not to be in the best interests of the City. In 2019, the City of Fort Collins adopted Administrative Policy 52-City Give to create standards and protocols for the acceptance and governance of charitable gifts, and for the orchestration of philanthropic practices. Additionally, the City adopted Finance Governance Policy to establish protocols for City Give, staff and officials regarding the acceptance and documentation of philanthropic gifts, and procedures to responsibly and efficiently manage charitable gifts Financial Policy 2 – Revenue 9 Getting Help Please contact the Revenue and Project Manager with any questions at 970.221.6626. Related Policies/References City Code Chapter 25 Taxation, Article III Sales & Use Tax City Code Chapter 26 Utilities Administrative Fee Definitions Governmental Services: services provided by the City for the public good such as regulating land use, maintaining streets, and providing police and fire protection. Impact Fees: usually one-time charges, levied by the City against new development to offset the impacts of the new developments Proprietary Services: services provided for the benefit and enjoyment of the residents of the City, at their discretion, such as parks and recreation services Rebate: a return of a portion of a fee within a specified time. Unlike a waiver or discount, the rebate is given after the fee has been paid in full Special Service Fee: charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed Waiver: when a portion of a fee is reduced before being paid by a buyer 1 Financial Policy 3 – General Financial Policies Financial Management Policy 3 General Financial Policies Issue Date: 01/12/21 Reviewed: 12/05/24 Version: 6 Issued by: City Council 3.1 Administrative Charges Certain General Fund departments render services to departments in other funds and shall be equitably apportioned to those other funds. General Fund departments that do not have a direct billing mechanism shall have their costs allocated using the formula outlined in this section to other funds and provide offsetting revenue in the General Fund. A. General Fund Departmental Costs to be Allocated Certain General Fund departmental costs to be allocated include City Council, City Manager, City Clerk, City Attorney, Human Resources, and Finance. Any services in these departments which are funded by user fees or dedicated revenues are excluded from the allocation. The amount of costs to be allocated is the current adopted budget for each of the departments listed above less user fees and dedicated revenue. With a multi-year budget, the charge to each fund is increased by a determined percentage for the second future year and then adjusted to the actual calculation with the next multi-year budget. B. How Costs Are Allocated The Human Resources costs are allocated on a prorated basis to funds based on the total number of budgeted full-time-equivalent positions in each fund. Objective: To outline the method and principles for allocation Administrative Charges; establishing the parameters for the Medical and Retirement Program; Fund Organization; Cost Recovery and Fee Setting; and Capital Improvement Program. Applicability: This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolution 2006-006, 2015-055, 2017-101, 2021-010 2 Financial Policy 3 – General Financial Policies All other General Fund administrative costs are allocated on a prorated basis to the funds based upon adjusted expenditure budgets for the current year. Adjustments are made to recognize the lower number of administrative services required for Capital, Debt Service, and Purchased Power payments. Capital project budgets are reduced by two-thirds and averaged over three years. Debt Service budgets are reduced by three- fourths and the entire Purchased Power budget is deducted from the Light & Power budget. C. All Funds Receive Allocations but Not All Funds Are Charged While Administrative Charges are allocated among all City funds, only specified funds are charged. Charges are not made to a fund if it is not self-supporting, it is a Governmental Internal Service fund, or if the funds role is merely to facilitate proper accounting procedures. For example, the Sales and Use Tax fund and Debt Service fund receive amounts which are then transferred to other funds. Charging these funds would lead to double charging many transactions and would not correspond to the level of service provided by the departments in the General Fund. D. Review During each budget process, the Administrative Charge calculation will be reviewed by the Budget Office. Minor refinements in the allocation formulas are made as needed. Significant changes will be brought to the City Council for approval to assure that the equitable apportionment meets requirements of the Code/Charter. 3.2 Medical Insurance and Retirement Plan A. Medical Insurance In 1981, the City of Fort Collins set up a partially self-funded medical insurance program. The objective of a self-funding program is to reduce the cost of medical insurance by assuming the risk for certain plan expenses. Assuming a portion of the risk lowers the amount of charges compared to a conventional full insurance plan Historically, the City has found this funding method to be a cost-effective means of providing a very desirable employee benefit. To administer the self-funded and insured portions of the medical insurance plans, the City conducts a competitive proposal process every five years or more often if required. The insurance contracts are reviewed annually for both performance and cost. The types of services contracted for include plan administrative services, stop-loss protection against larger claims, life and accidental death and dismemberment insurance, and long-term disability coverage. 3 Financial Policy 3 – General Financial Policies B. Retirement Programs The City of Fort Collins contributes to two types of retirement plans: a Defined Benefit Plan and Defined Contribution Plans. 1. Defined Benefit Plan - the General Employees Retirement Plan (Plan). The pension plan is closed to new participants as of 1/1/1999. The Plan document approved by the City Council outlines the details of the program. A Board meets monthly to oversee the program. Board members, in consultation with annual actuary report and other information, make recommendations to City Council for any plan changes that may be needed from time to time. The Plan currently calls for the employer (City) to contribute 10.5%. Because the plan is underfunded, a Supplemental Contribution is made at a fixed dollar amount each year. The Supplemental amount is reevaluated every 2 years in conjunction with the budget cycle and based on the latest actuarial valuation report. 2. 401(a) and 457 Money Purchase Plans. Also known as Defined Contribution Plans, the contribution rates are as follows: Employee Group 401 a 457 Employer Employee Waiting Employer Employee Waiting Classified Employees 6.5% 3.0% 6 months 0.0% optional no wait Classified Employees hired on or before 3/31/07 7.5% 3.0% 6 months 0.0% optional no wait Unclassified Management 6.5% 6.0% no wait 0.0% optional no wait Unclassified Management hired on or before 3/31/07 7.5% 6.0% no wait 0.0% optional no wait Council Appointed Positions 10.0% 0.0% no wait match up to 3% optional no wait Executive and Senior Leaders 10.0% 0.0% no wait match up to 3% optional no wait Police & Dispatch (per union agreement) * 11% 8.5% no wait match up to 3% optional 6 months for match Community Service Officer 8.0% 3.0% 6 months 0.0% optional no wait * All employee groups vest immediately, except Police and Dispatch who follow schedule in union agreement. Employee contributions to the 457 plan are limited to the amounts published by the IRS. 4 Financial Policy 3 – General Financial Policies The City will contract with a third-party administrator to provide the Defined Contribution Plans. City Staff comprised of both Finance and HR will oversee the program and performance of the third- party administrator. 3.3 Fund Organization Funds for accounting and financial reporting purposes have their own balance sheet and income statement. The organization of the City’s Funds is designed to enhance accountability and transparency, comply with Generally Accepted Accounting Principles, meet grant requirements, comply with City Code/Charter and comply with Colorado statutes. In City Article V, Section 25 the Financial Officer is empowered to create funds as appropriate. However, City Code Chapter 8, Article III also establishes additional parameters for City funds. The number of funds established should be the minimum needed for legal and operating requirements. Unnecessary funds can result in inflexibility, undue complexity and inefficient financial administration. The City’s funds are organized at two levels of groupings: Fund Groups and Fund Types. Fund Groups Governmental Funds Used to account for activities primarily supported by taxes, grants and similar revenue sources. Proprietary Funds Used to account for activities that receive significant support from fees and charges. Fiduciary Funds Used to account for resources that a City holds as a trustee or agent on behalf of an outside party that cannot be used to support the City’s own programs. Within each Fund Group are Fund Types. Governmental Fund Types General Fund Main operating fund used to account for and report all financial resources not accounted for and reported in another fund. Special Revenue Funds Used to account for and report the proceeds of specific revenue sources that are restricted, committed or assigned to expenditure for specific purposes, other than debt service or capital projects. Debt Service Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for principal and interest. Capital Project Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities or other capital assets. 5 Financial Policy 3 – General Financial Policies Proprietary Fund Types Enterprise Funds Used to account and report any activity for which a fee is charged to external users of goods and services Internal Service Funds Used to account and report any activity for which a fee is charged to other funds, departments, or agencies of the City and its component units on a cost reimbursement basis. Fiduciary Fund Types Pension (and Other Employee Benefit) Trust Funds Used to account and report resources that are required to be held in trust for the members and beneficiaries of defined benefit plans. Custodial Funds Used to report resources held by the City in a purely custodial capacity. The following is a list of all funds of the City, including legally separate entities but from a financial reporting perspective are treated as a component unit of the City. Group and Type Legal Ref. Name Governmental General Fund City 100 General Fund Special Revenue Fund City 250 Capital Expansion Fund Special Revenue Fund City 251 Sales & Use Tax Fund Special Revenue Fund Separate 252 General Improvement District #1 Special Revenue Fund City 254 Keep Fort Collins Great Fund Special Revenue Fund City 255 Community Capital Improvement Program Special Revenue Fund City 256 2050 Tax Special Revenue Fund City 272 Natural Areas Fund Special Revenue Fund City 273 Cultural Services & Facilities Special Revenue Fund City 274 Recreation Fund Special Revenue Fund City 275 Cemeteries Fund Special Revenue Fund City 276 Perpetual Care Fund Special Revenue Fund City 277 Museum Fund Special Revenue Fund City 280 Community Development Block Special Revenue Fund City 281 Home Investment Partnership Special Revenue Fund City 290 Transit Services Fund Special Revenue Fund City 291 Transportation Capital Expansion Fee Special Revenue Fund City 292 Transportation Services Fund Special Revenue Fund Separate 293 GID #15 - Skyview Special Revenue Fund City 294 Parking Fund Debt Service City 304 Capital Leasing Corporation Capital Projects Fund City 400 Capital Projects Fund Capital Projects Fund City 270 Neighborhood Parkland Fund Capital Projects Fund City 271 Conservation Trust Fund 6 Financial Policy 3 – General Financial Policies Proprietary Enterprise Fund City 500 Golf Fund Enterprise Fund City 501 Electric and Telecommunications Fund Enterprise Fund City 502 Water Fund Enterprise Fund City 503 Wastewater Fund Enterprise Fund City 504 Storm Drainage Fund Enterprise Fund City 505 Broadband Fund Internal Service Fund City 601 Equipment Fund Internal Service Fund City 602 Self-Insurance Fund Internal Service Fund City 603 Data and Communications Fund Internal Service Fund City 604 Benefits Fund Internal Service Fund City 605 Utility Customer Service & Admin Fiduciary Pension Trust Fund City 700 Employees' Retirement Fund Governmental Special Revenue Fund Separate 800 URA - N. College District Special Revenue Fund Separate 801 URA - Prospect South TIF District Special Revenue Fund Separate 803 URA - Mall Fund Special Revenue Fund Separate 820 DDA Operating Fund Special Revenue Fund Separate 821 DDA Fixed Asset and Long-Term Debt Special Revenue Fund Separate 822 DDA Debt Service Fund 3.4 Cost Recovery and Fee Setting A. Enterprise Funds shall rely on charges and user fees to recover their costs, rather than taxes. Utility rates will be based upon the cost-of-service approach to reflect full distribution of costs to appropriate rate classes in order to effect equitable sharing of costs. Rates shall be established and maintained at a level sufficient to maintain positive net income in each of the utility funds after paying the full cost of operating and maintaining the utilities and keeping them in good repair and working order. Such rates shall also be sufficient to enable each utility, where applicable, to meet rate requirements of City or utility enterprise bond ordinances. B. The Internal Service Funds shall operate under the following guidelines. 1. Internal service fund charges are limited to the recovery of the cost of the service, including depreciation, rather than making a profit. Each fund's prior year financial statements and estimates of future costs form the basis for the calculation of charges. 7 Financial Policy 3 – General Financial Policies 2. Charges should be set at a level to avoid significant adverse financial impacts on their customers. Fund customers and independent experts should be allowed to review and make recommendations about the level of charges. The Finance Department should approve the analysis and conclusions used to set rates. 3. Internal service funds should compete with similar services offered by the private sector. The City staff will compare rates every five years. If not competitive with the private sector, the Finance Department will analyze whether the private sector should provide the service. 4. Internal service funds may build up reserves. Customer-approved master plans and independent third-party actuarial reviews (for the Benefit and Self-Insurance funds) guide the level of reserves. Fund managers may spend reserves only for their approved purpose. 5. The City may buy equipment and facilities for the internal service funds through lease- purchase financing. Management's decision to recommend lease-purchase financing depends on: (1) cash flow needs; (2) budget constraints; (3) benefit to cost analysis; and (4) level of reserves. 6. Except for the Utilities Customer Service and Administration Fund, Internal service funds operate under the same guidelines and constraints as the General Fund and other governmental funds of the City. The Utilities Customer Service and Administration Fund shall operate under the guidelines of the Utilities Services Funds. C. Cultural Services & Facilities Fund Fee Policy 1. Total revenue from fees and charges shall cover a minimum of 55% of Lincoln Center Operation and Maintenance and Performing and Visual Arts Programming Budgets. This includes revenues generated at the Lincoln Center from rentals, equipment, concessions and other miscellaneous sources and all total direct revenues from the Performing and Visual Arts Programming. A transfer from the General Fund will make up the difference between total revenue and expenditures. 2. The Cultural Services and Facilities Administration and Museum budgets provide minimal financial support. These programs are funded primarily by a transfer from the General Fund. 3. Major capital improvements and renovations will be financed through sources other than Cultural Services and Facilities Fund. 4. Charitable gifts and donations—raised from the philanthropic sector of foundations, corporations, and individuals to support public initiatives of the City of Fort Collins—will be 8 Financial Policy 3 – General Financial Policies made directly to the City of Fort Collins. Acceptance, stewardship, tracking, and expenditures of all charitable gifts are governed by Philanthropic Administrative and City Give Finance Governance Policy with great attention to transparency and accountability. D. Recreation Fund Rates and Charges Policy Recreation Rates and Charges shall cover between 68% to 75% of all operating costs, with the difference to be covered by the City’s General Fund and/or voter approved tax revenues dedicated to Parks & Recreation. Equipment and rolling stock shall be considered operating costs in the application of this policy. Recreation Rates and Charges shall not be expected to cover major capital items such as facility and land acquisitions, major renovations to facilities or other costs such as utilities, custodial or grounds maintenance. 3.5 Capital Improvement Program 1. Each Service Area or Department shall develop multi-year Master Plans for capital improvements. On a city-wide basis, staff shall compile a 10-year Capital Improvement Plan and update it every two years. Estimates of operating and maintenance costs should be included. 2. Appropriation requests must include not only the cost of construction or acquisition and the funding sources, but an estimate of operating and maintenance costs. 3. Capital improvements projects will be administered in accordance with the Capital Projects Procedures Manual. 4. Appropriations for capital improvements will be constructed and expenditures incurred only for the purpose as approved by City Council. 5. Staff should seek out grants and partnerships whenever appropriate. 3.6 Using State Allocation of Private Activity Bonds A. Background: Conduit debt is issued in a local government’s name, but the resources for repayment come from individuals or entities that are not part of government. Entities seek 9 Financial Policy 3 – General Financial Policies conduit debt because of the government’s ability to issue debt at favorable tax-exempt rates. Private Activity Bonds (PAB) are a form of conduit debt. Colorado’s Private Activity Bond allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1701, et seq., C.R.S. Pursuant to Section 24-32-1706, annually the City of Fort Collins is offered a portion of the State ceiling as a local government. If the City does not issue bonds or assign bond capacity to an entity for a local project by September 15th annually, the cap automatically reverts back to the state’s pool. Historically, the City has provided this capacity on a first come first serve basis. It has not been uncommon for the City to receive no requests. Because more partners are using programs that can benefit from the lower interest rate that PAB’s offer, the City is establishing this process. B. Purpose: PAB’s allow certain private sector activities to receive lower interest rates. PAB’s may be used for affordable housing development and rehabilitation, specific economic development programs and for industrial development purposes, among other permitted uses. The City will attempt to find local uses for this development tool. C. Communication: Information about the program should be placed on the City’s website (fcgov.com). Consideration for other advertising and communication methods may be appropriate. D. Awarding and Assigning: Awarding PAB and Assigning PAB allocations are different processes. Assigning PAB to another qualified issuer is strongly preferred. This is to reduce the administrative investments and leverage the efficiency of qualified issuers who award PAB’s regularly. If an entity applies for a direct award under the City’s name, staff will attempt to find a qualified issuer that agrees to accept an assignment from the City and issue the PAB under their own authority. E. Application due date: Written applications to use of Fort Collin’s annual PAB allocation are due to the City’s Chief Sustainability Officer by March 15th. F. Application Elements: a. The following items are required when applying for both assignments and direct awards. i. A request letter signed by applicant describing the project the PAB would be used for and including: the applicant’s name, address, phone, email address, and principal contact. ii. Amount of allocation being requested. 10 Financial Policy 3 – General Financial Policies iii. Bond counsel firm name, address, phone, email address and principal contact. iv. Description of Applicant’s local projects and years of operation v. Number of years’ entity has been doing business in State of Colorado vi. Provide a Certificate of Good Standing from the Secretary of State’s office. vii. Description of assets to be purchased or constructed and expenses incidental to the project, including the sale of bonds. viii. Explanation of how the project aligns with City objectives. ix. Number of housing units and target demographics x. Statement from competent bond counsel that the project is eligible for qualified private activity bonds. b. The following additional items are required in applications for direct awards of PAB: Debt Information xi. Name, address, phone of principal contact of the proposed underwriter or lender. xii. Anticipated timetable for bond transaction. xiii. Estimated bond redemption and interest payment schedule xiv. Indicate the type of letter of credit or similar instrument, which will back the debt xv. Disclose if the applicant is involved in any litigation which may affect the validity or repayment of the bonds. Financial Information xvi. Audited financial statements for the applicant for the last three years and interim statements for the current year. If not available, please explain why. xvii. Projection of future revenues, expenditures and debt service coverage for the next five years supported by a feasibility study. Other xviii. Describe the arrangements that will ensure compliance with arbitrage reporting and payment requirements. xix. Name, address and principal contact person for applicant’s local bank. xx. Briefly describe any potential conflicts of interest of personal/ professional/ political relationships between the applicant’s officers and/or directors or applicant’s operations and the City of Fort Collins. xxi. Any other information which provides evidence of the applicant’s ability to repay the bonds and complete the project. Debt Security xxii. All arbitrage calculations and payments must be performed by the trustee under the terms of the trust agreement or by any such other arrangement that will ensure compliance. The City must be provided with copies of 8088- T’s filed with the IRS. xxiii. The private entity must provide the City with information on the status of the debt annually and upon any material event. 11 Financial Policy 3 – General Financial Policies xxiv. The bond documents must indemnify the City against IRS assessments and legal fees arising from the financing. xxv. The issuer’s agent will be responsible for all continuing disclosure requirements. c. Items missing from application may result in disqualification from consideration. G. Fees: There are no fees for applications that request assignments to another qualifying issuer. However, the following fees apply to applications requesting a direct award of PAB from the City of Fort Collins. a. Issuance fee equal to the greater of: A. 0.25% of the par amount of the debt, or B. $5,000. The fee is capped at $25,000. b. The cost of a review of the financing by an independent fiscal agent (to be selected by the City) c. Any other direct cost incurred by the City related to the financing. d. There will not be additional issuance fees for any amendment or modification of the original transaction even if it requires official action by City Council, except for actual direct costs of the City. H. Review Process a. PAB Committee: Applications will be reviewed by a committee of at least 3 people. Members will include at least one representative each from Social Sustainability, Economic Health and Finance. Representatives from other departments, such as the City Manager’s Office will be added as needed. Service Area Directors will make the necessary appointments to the PAB Committee. b. At a minimum, the following factors should be considered by the PAB Committee when making a recommendation: i. How well the project applied for meets the land use, economic development and/or affordable housing goals of the City of Fort Collins. ii. Project feasibility and timing. iii. Leverage of other investment into the project. iv. Maintenance of or increase in local tax base. v. Competing uses for the City’s allocation. vi. Whether the City’s allocation should be used in multiple projects. vii. Whether the application should be considered by any City Board or commission. c. The PAB Committee will decide on a recommendation no later than July 1. d. City Council shall approve all PAB assignments or direct awards. The PAB Committee shall submit their recommendations to the City Council no later than August 15. 12 Financial Policy 3 – General Financial Policies Getting Help Please contact the Controller with any questions at 970.416.2436. 1 Financial Policy 5 – Fund Balance Minimums Financial Management Policy 5 Fund Balance Minimums Issue Date: 01/12/21 Version: 6 Reviewed: 12/5/24 Issued by: City Council 2 Financial Policy 5 – Fund Balance Minimums 5.1 Governmental Funds and Fund Balances To set minimum fund balances so as to mitigate risks, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. The Equity on balance sheet of a governmental fund is called Fund Balance. The current classifications of Fund Balance in governmental funds are primarily based on the origin of the constraints. The following categories are in decreasing order of constraints. Non-Spendable Permanent endowments or assets in a non-liquid form Restricted Involve a third party: State Legislation or contractual agreements Committed Set by formal action of the City Council Assigned By staff, and/or residual balances in a Special Revenue Fund Unassigned Remaining balances in governmental funds Minimums outlined in section 5.3 relate only to Assigned and Unassigned balances. Objective: To set minimum fund balances as to mitigate risk, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. Applicability: Funds—This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolutions 1994-174, 2008-038, 2014-058,2017-101, 2021-010 3 Financial Policy 5 – Fund Balance Minimums 5.2 Proprietary Funds and Working Capital Internal Service Funds and Enterprise Funds are accounted for nearly identical to the private sector. The balance sheets include long term assets and long-term liabilities. The resulting Equity section on their balance sheet, called Net Position, is not always a good measure of spendable financial resources. To get to spendable financial resources, a common calculation is to take Current Assets and subtract Current Liabilities, with the net result called Working Capital. To further refine, for purposes of this policy, certain required restrictions are further subtracted and result in Available Working Capital. Some examples of required restrictions are unspent monies for Art in Public Places, Water Rights, and existing appropriations for capital projects. The minimums outlined in section 5.3 relate to Available Working Capital. 5.3 Minimum Balances The following Minimum Balances refers to Assigned and Unassigned Fund Balances in governmental funds and Available Working Capital in the Internal Service Funds and Enterprise Funds. A. General Fund 45 Day Liquidity Goal - The Commitment for Contingency should be at least 45 days (12.5%) of the subsequent year’s originally adopted budgeted expenditures and transfers out. The calculation for the minimum level shall exclude expenditures and transfers out for large and unusual one-time items. Important note – the 45 Day Liquidity Goal is in addition to the Emergency Reserves required by Article X, Section 20(5) of the State Constitution. This reserve must equal 3% of non-exempt revenue and can only be used for declared emergencies. Fiscal emergencies are specifically excluded by the State Constitution as qualifying use of this reserve. B. Special Revenue Funds No minimum balance is required. 4 Financial Policy 5 – Fund Balance Minimums C. Debt Service Funds No minimum balance is required. D. Capital Project Funds No minimum balance is required. E. Enterprise Funds Enterprise funds focus on working capital rather than fund balance. Enterprise Funds shall maintain a minimum Available Working Capital equal to 25% of Operating Expenses, less Depreciation. Exception1: In the case of L&P, operating expenses will include purchased renewable energy for resale but will not include regular purchased power for resale (i.e. Platte River Power Authority). Exception 2: In the case of Golf, the minimum fund balance will be 12.5%. Important note – The Water Fund holds a balance for Restricted Water Rights. The balance equals the amount of cash in-lieu-of water rights payments and raw water surcharges less any expenses for acquiring water rights and water storage. The enterprises funds should also be accumulating available working capital above these minimums for the purposes of funding future capital projects. F. Internal Service Funds Each fund is a unique operation and will maintain a minimum Available Working Capital as follows: 601 Equipment Fund 8.3% Of annual operating expenses, excluding depreciation 602 Self-Insurance Fund * 25.0% Of annual operating expenses 603 Data & Communications Fund 0.0% N/A 604 Benefits Fund 25.0% Of annual medical and dental expenses 605 Utility Customer Service Fund 0.0% N/A * Self Insurance Fund will be measured against Available Unrestricted Net Position instead of Available Working Capital. 5 Financial Policy 5 – Fund Balance Minimums 5.4 Below Minimum When circumstances result in balances below the minimum, staff should develop a plan to restore minimums fund balances and present it to Council Finance Committee. 6 Financial Policy 5 – Fund Balance Minimums Definitions Non-Spendable Fund Balances: Applicable to governmental funds. Permanent endowments or assets in a non-liquid form such as long-term inter-agency loans. Restricted Fund Balances: Applicable to governmental funds. Involve a third party such as State Legislative requirements, voter ballot language, or the Contractual Agreements with parties external to the City. Committed Fund Balances: Applicable to governmental funds. Involve a of formal action by the City Council. An example is traffic calming revenues are required to be spent on traffic calming activities. Any unspent monies at end of year are classified as Committed to traffic calming in the General Fund. Assigned Fund Balances: Are applicable to governmental funds. Assignments can be made by senior management. They represent the intent to use the monies for a specific purpose. An example of this it this the one-time Harmony Road monies transferred by the State to the City. Although required to be used on Harmony Road, staff intends to use the monies only on Harmony Road improvements. These monies are considered when measuring compliance with minimum fund balances. Unassigned Fund Balances: Are applicable only to the governmental funds. These monies are considered when measuring compliance with minimum fund balances. Working Capital: Is a term applicable to Internal Service and Enterprise Funds. It is the difference between Current Assets and Current Liabilities. Not all Working Capital is available. Available Working Capital does not include Restrictions for debt, Art in Public Places, approved capital appropriations, and other restrictions. Unrestricted Net Position: Is a term applicable to Internal Service and Enterprise Funds. Not all Unrestricted Net Position is available. Available Unrestricted Net Position does not include unused Art in Public Places monies, approved capital appropriations, and other commitments. Liquidity: Assets range from cash to land. The more easily and quickly an asset can be converted to cash determines its relative liquidity. Reserves: A legacy term that previously referred to fund balances, or fund balances set aside for a specific purpose. It is no longer used on financial statements. Fund Balance: Is a term applicable to governmental funds. Fund balance or Equity is the difference between assets, liabilities, deferred outflows of resources and deferred inflows of resources. Since governmental funds do not have long term assets and long-term debt on their balance sheet, fund balance is similar and approximates working capital in the private sector and enterprise funds. 7 Financial Policy 5 – Fund Balance Minimums Getting Help Please contact the Controller with any questions at 970.416.2436. 1 Financial Policy 7 – Debt Financial Management Policy 7 Debt Issue Date: 02-07-2023 Reviewed: 12-05-2024 Version: 3 Issued by: City Council 7.1 Authorization for Municipal Borrowing The City Charter (Article V. Part II) authorizes the borrowing of money and the issuance of long-term debt. The Charter and State Constitution determine which securities may be issued and when a vote of the electors of the City and approved by a majority of those voting on the issue. 7.2 Purpose and Uses of Debt Long term obligations should only be used to finance larger capital acquisitions and/or construction costs that are for high priority projects. Debt will not be used for operating purposes. Debt financing of capital improvements and equipment will be done only when the following conditions exist: a) When non-continuous projects (those not requiring continuous annual appropriations) are desired; b) When it can be determined that future users will receive a significant benefit from the improvement; c) When it is necessary to provide critical basic services to residents and taxpayers (for example, purchase of water rights); d) When total debt, including that issued by overlapping governmental entities, does not constitute an unreasonable burden to the residents and taxpayers. Objective: The purpose of this policy is to establish parameters and provide guidance governing the issuance of all debt obligations issued by the City of Fort Collins (City). Applicability: This debt policy applies to all funds and Service Areas of the City and closely related agencies such as the Downtown Development Authority (DDA), Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority (URA). Authorized by: City Council Resolutions, 1994-174, 2013-093, 2023-017 2 Financial Policy 7 – Debt 7.3 Types of Debt and Financing Agreements The types of debt permitted are outlined in State statute. The City will avoid derivative type instruments. In general the following debt types are used by the City: a) General obligation bonds—backed by the credit and taxing power of the City and not from revenues of any specific project. Colorado law limits general obligation debt to 10% of the City’s assessed valuation. Under TABOR this type of debt must be approved by voters. b) Revenue Bonds—issued and backed by the revenues of a specific project, tax increment district (TIF), enterprise fund, etc. The holders of these bonds can only consider this revenue source for repayment. TABOR does not require that voters approve these types of debt. c) Lease Purchase – issued whereby the asset acquired is used as collateral. Examples include Certificates of Participation (COP), Assignment of Lease Payments (ALP) and equipment leases. Equipment leases shall be limited to financing within Internal Service Funds. TABOR does not require that voters approve these types of agreements. d) Moral Obligation Pledge—a pledge to consider replenishing a debt reserve fund of another government agency if the reserve was used to make debt payments. This type of commitment will only be used to support the highest priority projects, or when the financial risk to the City does not increase significantly, or when the City’s overall credit rating is not expected to be negatively impacted. Because it is a pledge to consider replenishing, it is not a pledge of the City’s credit, and as such is not a violation of State statutes and City Charter. However, decision makers should keep in mind that not honoring a Moral Obligation Pledge will almost certainly negatively impact the City’s overall credit rating. TABOR does not require that voters approve these types of agreements. e) Interagency Borrowing—issued when the credit of an agency (DDA, URA) of the City does not permit financing at affordable terms. Usually used to facilitate a project until the revenue stream is established and investors can offer better terms to the agency. Program parameters are outlined in section 7.8 of this policy. TABOR does not require that voters approve these types of agreements. f) Conduit Debt—Typically limited to Qualified Private Activity Bonds (PAB) defined by the IRS and limited to the annual allocation received from the State. Low income housing is one example of a qualified use of PAB. Program parameters are outlined the General Financial Policy 3.6. There is no pledge or guarantee to pay by the City. g) Any other securities not in contravention with City Charter or State statute. 7.4 Debt Structure and Terms The following are guidelines, and may be modified by the City to meet the particulars of the financial markets at the time of the issuance of a debt obligation: 3 Financial Policy 7 – Debt a) Term of the Debt: The length of the financing will not exceed the useful life of the asset or average life of a group of assets, or 30 years, whichever is less. Terms longer than 20 years should be limited to the highest priority projects. b) Structure of Debt: Level debt service will be used unless otherwise dictated by the useful life of the asset(s) and/or upon the advice of the City's financial advisor. c) Credit Enhancements: The City will not use credit enhancements unless the cost of the enhancement is less than the differential between the net present value of the debt service without enhancement and the net present value of the debt service with the enhancement. d) Variable Rate Debt: The City will normally not issue variable rate debt, meaning debt at rates that may adjust depending upon changed market conditions. However, it is recognized that certain circumstances may warrant the issuance of variable rate debt, but the City will attempt to stabilize the debt service payments through the use of an appropriate stabilization arrangement. e) Derivative type instruments and terms will be avoided. 7.5 Refinancing Debt Refunding of outstanding debt will only be done if there is a resultant economic gain regardless of whether there is an accounting gain or loss, or a subsequent reduction or increase in cash flows. The net present value savings shall be at least 3%, preferably 5% or more. In an advanced refunding (before the call date), the ratio of present value savings to the negative arbitrage costs should be at least 2. 7.6 Debt Limitations and Capacity Debt capacity will be evaluated by the annual dollar amount paid and the total amount outstanding with the goal to maintain the City’s overall issuer rating at the very highest rating, AAA. Parameters are different for Governmental Funds, Enterprise Funds, and Related Agencies. a. Governmental Funds—Annual debt service (principal and interest) will not exceed 5% of annual revenues. For calculation, revenues will not include internal charges, transfers and large one-time grants. Outstanding debt in relation to population and assessed value will be monitored. b. Enterprise Funds—Each fund is unique and will be evaluated independently. Each fund’s debt will be managed to maintain a credit score of at least an A rating. These funds typically issue revenue bonds and investors closely watch revenue coverage ratio. Coverage ratios are usually published in the Statistical Section of the City’s Comprehensive Annual Financial Statement. c. Related Agencies—Each agency will be evaluated independently, taking into account City Charter, State statutes, market conditions and financial feasibility. 4 Financial Policy 7 – Debt 7.7 Debt Issuance Process When the City utilizes debt financing, it will ensure that the debt is soundly financed by: a) Selecting an independent financial advisor to assist with determining the method of sale and the selection of other financing team members b) Conservatively projecting the revenue sources that will be used to pay the debt; c) Maintaining a debt service coverage ratio which ensures that combined debt service requirements will not exceed revenues pledged for the payment of debt. d) Evaluating proposed debt against the target debt indicators. 7.8 Inter-agency Loan Program 1. Purpose: The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 2. Eligible Applicants: The following are examples of situations in which City loans to outside agencies may be appropriate: A. An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, etc. B. An entity related to the City desires to issue debt that will be repaid over a timeframe that would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. C. Any other situation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 3. Program Guidelines: A. The borrowing entity must have approval from its governing body. B. The loan must be evidenced by a promissory note. C. There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. 5 Financial Policy 7 – Debt D. The interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% 16 – 25 years 4.00% E. The loans must be limited to 25 years. F. City Council must review the request and approve the amount and terms and conditions of the loan. G. Loans of Utility reserves must be reviewed by either the Energy Board or Water Board, as applicable, in advance of City Council or Council committee consideration, and must meet the following additional criteria: a. the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and b. utility rates must not be increased for the purposes of funding the loan. 4. Limit on Funds available for Loan Program A. Governmental Funds: Total loans shall not exceed 25% of the aggregate cash and investments balance of the governmental funds (i.e., General Fund and Special Revenue Funds). B. Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). C. Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. 6 Financial Policy 7 – Debt Getting Help Please contact the Director of Accounting with any questions at 970.221.6784. Related Policies/References - The City of Fort Collins Charter (Article V., Part II) - Investment Policy - Debt Administration Policy and Procedures 53 D. Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc 7.9 Other Debt Management - The City will also have an administratively approved Debt Administration Policy and Procedure 53 that includes guidance on: a) Investment of bond proceeds b) Market disclosure practices to primary and secondary markets, including annual certifications, continuing disclosures agreements and material event disclosures c) Arbitrage rebate monitoring and filing d) Federal and State law compliance practices e) Ongoing Market and investor relations efforts f) Identify a Chief Compliance Officer g) System of actions and deadlines h) Records to be maintained 7 Financial Policy 7 – Debt Definitions Conduit Debt: 1- An organization, usually a government agency, that issues municipal securities to raise capital for revenue-generating projects where the funds generated are used by a third party (known as the "conduit borrower") to make payments to investors. The conduit financing is typically backed by either the conduit borrower's credit or funds pledged toward the project by outside investors. If a project fails and the security goes into default, it falls to the conduit borrower's financial obligation, not the conduit issuer (City). 2- Common types of conduit financing include industrial development revenue bonds (IDRBs), private activity bonds and housing revenue bonds (both for single-family and multifamily projects). Most conduit-issued securities are for projects to benefit the public at large (i.e. airports, docks, sewage facilities) or specific population segments (i.e. students, low-income home buyers, veterans). 3- In some cases, a governmental entity issues municipal bonds for the purpose of making proceeds available to a private entity in furtherance of a public purpose, such as in connection with not-for-profit hospitals, affordable housing, and many other cases. These types of municipal bonds are sometimes referred to as "conduit bonds." One common structure is for the governmental issuer to enter into an arrangement with the private conduit borrower in which the bond proceeds are loaned to the conduit borrower and the conduit borrower repays the loan to the issuer. For most conduit bonds, although the governmental issuer of the bonds is legally obligated for repayment, that obligation usually is limited to the amounts of the loan repayments from the conduit borrower. If the conduit borrower fails to make loan repayments, the governmental issuer typically is not required to make up such shortfalls. Thus, unless the bond documents explicitly state otherwise, investors in conduit bonds should not view the governmental issuer as a guarantor on conduit bonds. Credit Enhancements: the requirement that a certain percentage or amount of non-federal dollars or in- kind services be provided in addition to the grant funds. Interagency: the individual responsible for fiscally managing the grant award and the person who maintains the records in the City’s financial system. Debt Service Coverage Ratio: is a common measure of the ability to make debt service payments. The formula is net operating income (operating revenue – operating expense) divided by debt service (annual principal and interest) 1 Financial Policy 8 – Investments Financial Management Policy 8 Investment Policy Issue Date: 02-07-2023 Reviewed: 12-05-2024 Version: 5 Issued by: City Council 8.1 Policy The City of Fort Collins, Colorado (the “City”) is a home rule municipality operating under the City Charter. Article V, Part III of the City Charter assigns to the Financial Officer the responsibility of investing City funds. Funds must be placed in investments authorized by the City Council (“Council”). The Financial Officer will administer the investment program to ensure effective and sound fiscal management. It is the policy of the City to invest public funds in a manner which will protect capital and meet liquidity needs while providing the highest investment return. 8.2 Scope This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. This investment policy applies to the investment of all general and special funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre Objective: This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. The City’s principal investment objectives, in priority order are: legal conformance, safety, liquidity and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Applicability: This investment policy applies to the investment of all general and specific funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. Authorized by: City Council, Resolutions 90-44, 2008-121, 2009-109, 2010-065, 2012-119. 2023-017. 2 Financial Policy 8 – Investments River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. For purposes of this policy, operating funds include: General Fund; Special Revenue Funds; Debt Services Funds (unless prohibited by bond ordinance); Capital Projects Funds; Enterprise Funds; Internal Service Funds; Fiduciary Funds; and Any newly created Fund, unless exempted by Council. Unless specifically provided for in the bond ordinance, all bond proceeds, bond reserve funds and pledged revenues must be invested in accordance with the operating funds guidelines set forth in this Investment Policy. Guidelines for investing the funds of the City’s defined benefit plan shall be included in the Investment Policy for the General Employees’ Retirement Plan, which is monitored and approved by the General Employees’ Retirement Committee. 8.3 Investment Objectives The City’s principal investment objectives, in priority order, are: legal conformance, safety, liquidity, and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 1. Legal conformance: The investment portfolio will conform to all legal and contractual requirements. 2. Safety: Safety of investment principal and the preservation of capital are primary objectives of the investment program. When making investment decisions, the Financial Officer will seek to ensure the preservation of capital in the overall portfolio by mitigating credit risk and interest rate risk. A. Credit Risk: The Financial Officer will minimize the risk of loss of principal and/or interest due to the failure of the security issuer or backer by: a. Limiting investments to the safest types of securities. b. Pre-qualifying financial institutions, securities brokers and dealers, and advisors. c. Diversifying the investment portfolio to reduce exposure to any one security type or issuer. Interest Rate Risk: The Financial Officer will minimize the risk that the market value of securities in the portfolio will fall due to changes in market interest rates by: 3 Financial Policy 8 – Investments a. Whenever possible, holding investments to their stated maturity dates. b. Investing a portion of the operating funds in shorter-term securities, money market mutual funds, or local government investment pools. 3. Liquidity: The investment portfolio must be sufficiently liquid so as to meet all reasonably anticipated operating cash flow needs. This is accomplished by structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. Investments shall be managed to avoid, but not prohibit, sale of securities before their maturities to meet foreseeable cash flow requirements. Since all possible cash needs cannot be anticipated, the portfolio must consist largely of securities with active secondary or resale markets. 4. Return on Investment: The investment portfolio will be designed with the objective of maximizing the rate of return on investment while maintaining acceptable risk levels and ensuring adequate liquidity. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Investment pooling may be used to maximize the City’s investment income. Interest income, from pooling, will be distributed to the participating funds in proportion to each fund’s level of contribution. The Financial Officer will determine whether a security will be sold prior to maturity. The following are examples of when a security might be sold: a. A security with a declining credit rating may be sold early to minimize loss of principal; b. A security swap would improve the quality, yield, return, or maturity distribution of the portfolio; c. Liquidity needs of the portfolio require that the security be sold; or d. The Financial Officer will obtain the best rate of return on investments by taking advantage of market volatility and recognizing gains on a portion of the portfolio. 8.4 Standards of Care 1. Prudence: The City has a fiduciary responsibility to protect the assets of the City and to invest funds appropriately. The standard of care to be used by City officials is the “prudent person” rule as specified by CRS 15-1-304, which reads: “Standard for investments: In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of 4 Financial Policy 8 – Investments others, fiduciaries shall be required to have in mind the responsibilities which are attached to such offices and the size, nature, and needs of the estates entrusted to their care and shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital. Within the limitations of the foregoing standard, fiduciaries are authorized to acquire and retain every kind of property, real, personal, and mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, other corporate obligations, stocks, preferred or common, securities of any open-end or closed-end management type investment company or investment trust, and participations in common trust funds, which men of prudence, discretion, and intelligence would acquire or retain for the account of another.” The Financial Officer and designees, acting within the guidelines of this investment policy and written procedures, the City Charter and Code, all applicable state and federal laws and after exercising due diligence, will not be held personally liable and will be relieved or personal responsibility for an individual security’s credit risk or market price changes, or for losses incurred as a result of specific investment transactions or strategies. (CRS 24-75-601.4, et seq.) 2. Ethics and Conflicts of Interest: City officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials must disclose any material interests in financial institutions with which they conduct business. They must further disclose any personal financial and investment positions that could be related to the performance of the City’s investment portfolio. In addition they must adhere to the rules of conflicts of interest as stated in Art. IV, Section 9(b) of the Charter of the City of Fort Collins, Colorado. 3. Delegation of Authority: The City Charter assigns the responsibility for the collection and investment of all city funds to the Financial Officer, subject to direction from Council by ordinance or resolution. The Financial Officer, subject to City Manager approval, may appoint other members of the Finance Department to assist in the investment function. Administrative Procedures 5 Financial Policy 8 – Investments a. The Financial Officer is responsible for all investment decisions and activities, and must regulate the activities of subordinate employees for the operation of the City’s investment program consistent with this investment policy. b. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Financial Officer. A. Authorized Designees a. The Financial Officer will maintain a list of individuals and institutions that are authorized to transfer, purchase, sell and wire securities or funds on behalf of the City. b. This list will be provided to the securities broker or dealer or financial institution prior to the City conducting any investment transactions with the institution. B. Investment Advisors a. The Financial Officer has the discretion to appoint one or more investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the management of all or a portion of the City’s investment portfolio. b. All investments made through such investment advisors shall be within the guidelines of this Investment Policy. 4. Investment Committee: The Investment Committee consists of the Financial Officer and at least 2 other employees of the City that are knowledgeable in the area of governmental investments. The Investment Committee, at the discretion of the Financial Officer, may also include up to 2 private sector investment or banking professionals. The purpose of the Investment Committee shall be to provide advice to the Financial Officer regarding the operation of the investment program. 8.5 Safekeeping and Custody 1. Authorized Securities Brokers and Dealers and Financial institutions A. The Financial Officer will maintain a list of financial institutions authorized to provide investment services. The Financial Officer will also maintain a list of approved securities brokers and dealers. This list may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1. 6 Financial Policy 8 – Investments B. All financial institutions and securities brokers and dealers who wish to provide investment services to the City must supply the following (as appropriate): a. Current audited financial statements; b. Completed securities broker and dealer questionnaire; c. Proof of National Association of Securities Dealers certification and registration in the State of Colorado; and d. Certification of their review, understanding and agreement to comply with the City’s Investment Policy. C. If a financial institution or securities broker or dealer wishes to enter into a repurchase agreement with the city, the institution must sign a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office. D. The Financial Officer must conduct an annual review of the financial condition of authorized financial institutions and securities brokers and dealers. E. Investment transactions must be executed with an authorized financial institution or securities broker or dealer except in the following circumstances: a. Commercial paper, banker acceptances and guaranteed investment contracts may be purchased and sold directly from the issuer; b. Mutual funds and money market funds may be purchased, sold and held directly with the funds; c. Investments in local government investment pools may be transacted directly with the pool; and d. Bond refunding and lease escrow agreements will be executed as provided in the bond and lease documents. F. The Financial Officer will establish a safekeeping agreement with an approved financial institution to act as a third party custodian. Investment securities will be held for the City by the custodian. When applicable, the Financial Officer shall establish a separate securities lending agreement with the custodian bank. The selection of the City’s primary depository and primary custodian will be made through the City’s competitive Request for Proposals process. 2. Delivery versus Payment: All trades will be executed by delivery versus payment to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by the City’s third-party custodian as evidenced by safekeeping receipts. 7 Financial Policy 8 – Investments 3. Internal Controls: The Financial Officer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the city are protected from loss, theft or misuse. 8.6 Suitable and Authorized Investments As a home rule city, the City may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601.1. Pursuant to Article V of the City’s Charter the Council has adopted the following Ordinances and Resolutions establishing the framework under which the Financial Officer must conduct his duties: Ordinance 90, 1993; Ordinance 108, 1988, Resolution 85-134; and Resolution 82-70. Council may adopt additional Ordinances or Resolutions that require modification of these investment tools. 1. Eligible Investments: City funds may be invested in the following: A. Any securities now or hereafter designed as legal investment for municipalities in any applicable statute of the State of Colorado; B. Interest-bearing accounts or time certificates of deposit, including collateralized certificates of deposit and certificates of deposit through the Account Registry Service, of financial institutions designated as depositories for public moneys by the State of Colorado; C. United States Treasury obligations for which the full faith and credit of the United States are pledged for payment of principal and interest. Such securities will include but not be limited to: Treasury bills, Treasury notes, Treasury bond and Treasury strips with maturities not exceeding five years from the date of purchase; D. Obligations issued by any United States government-sponsored agency or instrumentality. Maturities may not exceed five years from the date of purchase; E. Obligations issued by or on behalf of the City; F. Obligations issued by or on behalf of any state of the United States, political subdivision, agency, or instrumentality thereof. At the time of purchase the obligation shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; G. Prime-rated bankers acceptances with a maturity not exceeding six months from the date of purchase, issued by a state or national bank which has a combined capital and surplus of at least 250 million dollars, whose deposits are insured by the FDIC and whose senior long-term debt 8 Financial Policy 8 – Investments is rated at the time of purchase at least AA- by Standard and Poor’s, Aa3 by Moody’s Investors Service, or AA- by Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; H. U.S. dollar denominated corporate notes or bank debentures. Authorized corporate bonds shall be U.S. dollar denominated, and limited to corporations organized and operated within the United States with a net worth in excess of 250 million dollars. At the time of purchase the debenture or corporate note shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; I. Prime-rated commercial paper with a maturity not exceeding six months issued by U.S. corporations. At the time of purchase the paper shall be rated A1 by Standard and Poor’s and P1 by Moody’s Investors Service. If the commercial paper issuer has senior debt outstanding, the senior debt must be rated at the time of purchase at least AA- by Standard and Poor’s or Aa3 by Moody’s Investors Service; J. Guaranteed investment contracts of domestically-regulated insurance companies having a claims-paying ability rating of AA- or better from Standard & Poor’s at the time of purchase; K. Repurchase and reverse repurchase agreements. The structure of the agreements (including margin ratios and collateralization) shall be contained in the Master Repurchase Agreements. Repurchase agreements shall include but are not limited to delivery-versus-payment, tri-party and flexible repurchase agreements; L. Local government investment pools authorized under the laws of the State of Colorado with a rating of AAAm; and M. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar denominated securities. 2. Repurchase Agreements A. Before any repurchase agreements shall be executed with an authorized securities broker or dealer or financial institution, a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office must be signed between the City and the securities broker or dealer or financial institution. B. The Financial Officer will maintain a file of all Master Repurchase Agreements. 9 Financial Policy 8 – Investments C. In addition to the straight forward repurchase agreement, wherein the financial institution or securities broker or dealer delivers the collateral versus payment to the City’s custodian for a fixed term at a fixed rate, the City may enter into other types of repurchase agreements which may include but not be limited to flexible repurchase agreements, tri-party agreements and reverse repurchase agreements. D. Repurchase agreements must be collateralized as provided in individually executed Master Repurchase Agreements at a minimum of 102 percent. E. Zero coupon instruments will not be accepted as collateral. F. The collateralized securities of the repurchase agreement can include but are not limited to: U.S Treasuries, Collateralized Mortgage Obligations or Agency securities. 8.7 Diversification and Liquidity 1. Diversification and Asset Allocation: It is the intent of the City to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, issuer or class of securities. Diversification strategies and guidelines shall be determined and revised periodically by the Financial Officer. The investments may be diversified by: A. Limiting investments to avoid over-concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities); B. Limiting investment in securities that have higher credit risks; C. Investing in securities with varying maturities; and D. Maintaining a portion of the portfolio in readily available funds such as local government investment pools, money market funds or short term repurchase agreements to ensure that City liquidity needs are met. The maximum investment allowable for each investment category as a percentage of the entire portfolio is as follows (excluding collateral for repurchase agreements): CASH AND CASH EQUIVALENTS ......................................................... 100% TREASURY SECURITIES .......................................................................... 90% GOVERNMENT-SPONSORED AGENCY SECURITIES ............................ 90% REPURCHASE AGREEMENTS ................................................................. 70% LOCAL GOVERNMENT INVESTMENT POOLS ....................................... 60% 10 Financial Policy 8 – Investments CORPORATE NOTES OR BONDS* ......................................................... 40% BANK DEBENTURES* .............................................................................. 25% COMMERCIAL PAPER* ............................................................................ 25% BANKER’S ACCEPTANCES* ..................................................................... 25% MONEY MARKET FUNDS AND MUTUAL FUNDS ....................................................................... 15% CD ACCOUNT REGISTRY SERVICE (MAXIMUM 50 MILLION). ............................................................... 15% CERTIFICATES OF DEPOSIT ................................................................... 15% GUARANTEED INVESTMENT CONTRACTS ............................................ 5% * A maximum of 10 percent of the portfolio may be invested in any one provider or issuer. 2. Investment Maturity and Liquidity A. A portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or short-term repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. The City must at all times maintain 5 percent of its operating investment portfolio in instruments maturing in 120 days or less. B. Reserved funds may be invested in securities exceeding 5 years if the maturities of such investments are made to coincide as closely as possible with the expected use of funds. C. The weighted average final maturity limitation of the total portfolio, excluding pension funds and long-term reserve funds, will not exceed 3 years. D. The City may collateralize repurchase agreements with longer-dated investments, final maturity not to exceed 30 years. 8.8 Reporting 1. Methods: The Financial Officer will prepare an investment report on a quarterly basis. In addition, a comprehensive investment report may be published on the City’s website on an annual basis. All investment reports will be submitted in a timely manner to the City Manager. 2. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified within this Investment Policy. The Financial Officer will establish a benchmark yield for the City’s investments 11 Financial Policy 8 – Investments equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual weighted average maturity. In order to determine the actual rate of return on any portion of the portfolio managed by an investment advisor, the Financial Officer must include all of the advisor’s expenses and fees in the computation of the rate of return. 3. Marking to Market: The market value of the portfolio will be calculated at least quarterly and a statement of the market value will be included in the quarterly investment report. 8.9 Policy Adoption This Investment Policy will be reviewed at least every three years by the Investment Committee, City Manager and the Financial Officer and may be amended by Council as conditions warrant. The Investment Policy may be adopted by Resolution of the Council. 12 Financial Policy 8 – Investments Definitions Agency: A bond, issued by a U.S. government-sponsored agency. The offerings of these agencies are backed by the U.S. government, but not guaranteed by the government since the agencies are private entities. Such agencies have been set up in order to allow certain groups of people to access low cost financing, especially students and first-time home buyers. Some prominent issuers of agency bonds are Student Loan Marketing Association (Sallie Mae), Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). Agency bonds are usually exempt from state and local taxes, but not federal tax. Average Life: The length of time that will pass before one-half of a debt obligation has been retired. Bankers’ Acceptance: A short-term credit investment which is created by a non-financial firm and whose payment is guaranteed by a bank. Often used in importing and exporting, and as a money market fund investment. Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. Book Value: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker: An individual who brings buyers and sellers together for a commission. Cash Sale/Purchase: A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types of fixed- income securities. Also known as the “interest rate”. Credit Quality: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. 13 Financial Policy 8 – Investments Credit Risk: The risk to an investor that an issuer will default on the payment of interest and/or principal on a security. Current Yield (Current Return): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment (DVP): A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or to their custodian. Diversification: A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures deposits in member banks and thrifts up to $100,000 ($250,000 through 12/31/2013). Federal Funds: Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate: The interest rate that banks charge each other for the use of Federal funds. Government Securities: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. Green Investments: Mutual funds that are considered “ethical investments.” These funds screen companies to ensure that they have sound environmental practices such as: maintaining or improving the environment, industrial relations, racial equality, community involvement, education, training, healthcare and various other environmental criteria. Negative screens include but are not limited to: alcohol, gambling, tobacco, irresponsible marketing, armaments, pornography, and animal rights. Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Investment-grade Obligations: An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. 14 Financial Policy 8 – Investments Liquidity: An asset that can be converted easily and quickly into cash without a substantial loss of value. Local Government Investment Pool (LGIP): An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-Market: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Value: Current market price of a security. Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase. Establishes each party’s rights in the transaction. Maturity: The date on which payment of a financial obligation is due. The final state maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. Money Market Mutual Fund: Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repurchase agreements, and federal funds). Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the investment company Act of 1940 and must abide by the Securities and Exchange Commission (SEC) disclosure guidelines. National Association of Securities Dealers (NASD): A self-regulatory organization of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value: The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. No Load Fund: A mutual fund which does not levy a sales charge on the purchase of its shares. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Real Estate Investment Trust (REIT): A company that buys, develops, manages and sells real estate assets. Allows participants to invest in a professionally managed portfolio of real-estate properties. The main function is to pass profits on to investors; business activities are generally restricted to generation of property rental income. 15 Financial Policy 8 – Investments Repurchase Agreement (Repo): An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement: An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement of the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Securities and Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Total Return: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends Paid) + (Capital Gains) = Total Return Treasury Bills: Short-term U.S. government non-interest-bearing debt securities with maturities of no longer than one year. Treasury Bonds: Long-term U.S. government debt securities with maturities of more than ten years. Currently, the longest outstanding maturity is 30 years. Treasury Notes: Intermediate U.S. government debt securities with maturities of two to ten years. Tri-party Repurchase Agreement: In a “normal repurchase” transaction there are two parties, the buyer and the seller. A tri-party repurchase agreement adds a custodian as the third party to act as an impartial entity to the repurchase transaction to administer the agreement and to relieve the buyer and seller of many administrative details. Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio. Yield: The current rate of return on an investment security. Generally expressed as a percentage of the security’s current price. Yield Curve: A graphical representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-Maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-Coupon Securities: A security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity.