TC Res. No. 2008-05 Adopting revisions to the town's investment policyTOWN OF AVON, COLORADO
RESOLUTION NO. 08-05
SERIES OF 2008.
A RESOLUTION ADOPTING REVISIONS TO THE TOWN'S INVESTMENT POLICY
WHEREAS, The Town adopted its current investment policy on July 12, 2005; and
WHEREAS, The Town of Avon wishes, to continue to.operate a contemporaryand
comprehensive treasury management program; and
WHEREAS, Certain administrative-type changes have been recommended by the Town's
investment advisors.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the Town
of Avon, Colorado, adopts a revised Investment Policy, -a copy of which is attached.
ADOPTED AND PASSED, this 22°a day of January, 2008
~o~NOF AI
TO ON
Ronald C. Wolfe
Mayor.
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k
AT ST:..
3 C
P Ke
To lerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Asst. Town Manager - Finance
Date: January 17, 2008
Re: Changes to Investment Policy
Summary:
The Town's investment advisors, MBIA Asset Management Group, has recommended a few
minor "housekeeping" type changes to the Town's investment policy. There are no financial
• implications to these changes. A Summary of Changes is attached to this memo.
Recommendation:
I recommend the Council adopt the changes as summarized above and shown on the attached
redlined version of the Town's investment policy. A resolution approving the revised
investment policy is attached.
Town Manager Comments:
Attachments:
A - Summary of Recommended Changes to the Investment Policy of the Town of Avon
B - Resolution No. 08-05 Adopting Revisions to the Town's Investment Policy
C - Investment Policy - Final Version
D - Investment Policy- Redline Version
•
Page 1
Summary of Recommended Changes to the Investment Policy
of the Town of Avon
MBIA Asset Management Group has conducted a review of Avon's investment policy
which was last. revised in July of 2005. Following our review, we have recommended a
number of changes'that we present in a "redline", format.
Revisions to the Authorized, Securities and Transactions section of. the policy
accommodate recent changes to Colorado's govern ing investment statute, CRS 24-75-
601. Other changes bring the policy current with, respect to broker/dealer qualifications
and banks, Finally, we reworded some sections for easier reading and. eliminated
excess verbiage that no longer adds to.the policy's value. The revisions. which are not
self-explanatory are summarized as follows:
Prudence - Pages 2-3
Reworded the second paragraph to clarify that losses are not inevitable, but may occur
as part of a program to improve overall return.
Authorized Securities and Transactions =Pages 3-5 •
• We updated the 'statute'references in the opening paragraph:
• In the paragraphs dealing with-U.S. Treasury Obligations. Federal Agency Securities
and Federal- Instrumentality Securities, we changed-the. maxim um'maturities, which
under the revised statute now run from the date of trade settlement.
• In paragraph d. dealing with Repurchase Agreements we. added language allowing
repurchase counterparties that have a primary dealer within their holding company
structure. For example, Merrill Lynch, one. of the Town's' approved, brokers is not a
primary dealer. Merrill Lynch Government Securities Inc. is the primary dealer within
the firm's holding company structure.
• Commercial Paper now must be rated by at least two rating services and requires
the highest rating by all services that rate the investment.
• General Obligation Debt's maximum allowable maturity is now three years, and now
must be.rated at least AA or the equivalent by two services.: Similarly, Revenue
Obligation Debt's minimum rating was increased to AAA or the equivalent.
• In Paragraphs h. and i. dealing with Local Government Investment Pools and Money
Market Funds we revised the "limit assets of the fund to" reference to read "those
authorized by state statute." The existing references to individual securities could
require a policy amendment if a money market fund or pool,decide's to invest in,
different securities. "Authorized by state statute" is all encompassing, and the
requirement that money market funds and investment pools have the highest credit
rating maximizes safety of the investment. Also in these paragraphs we corrected the
reference to Rule 2a-7 of the Investment Company Act of 1940.
• The Time Certificates of Deposit paragraph was reworded for easier reading.
Town of Avon Investment Policy
Summary of Recommended Changes
Page 1
it
ASSET MANAGEMENT-
6+
Fnm b i a
ASSET MANAGEMENT"
• At the end of this section we added a paragraph authorizing deviations from investment
policy requirements when investing bond proceeds. For example, this provision would
permit longer maturities if required to meet specific cash flow requirements.
Investment Diversification - Page 6
• We reworded the paragraph for easier reading.
Selection of Broker/Dealers - Page 6
• We added the holding company qualification referred to above.
• We recommend deleting the requirement for broker/dealers to provide written receipt
of the Town's investment policy for these reasons:
When a public entity employs an SEC registered investment advisor, the
responsibility for determining the suitability of investments with respect to state
statutes and investment policy guidelines shifts from the brokers to the investment
advisor. As beneficiaries of vast improvements in technology, brokers today are
judged by their ability to execute trades quickly and economically, rather than their
ability to review and understand the terms of a client's investment policy.
As investment advisor, MBIA Asset Management believes our clients should look to
us to understand the terms of their investment policies and to manage their
• investments accordingly. We also believe our clients should expect us to provide
continuing due diligence reviews of brokers to be sure only the best and the most
competitive are utilized.
Also like most businesses, brokers today are increasingly concerned about liability
for damages, both real and perceived. When asked to sign documents
acknowledging receipt, review or agreement to comply with an investment policy,
most brokers require legal or compliance department review and approval. This can
take weeks or even months, potentially delaying our ability to competitively place
trades on our client's behalf.
Competitive Transactions - Page 7
• Reworded for easier reading and deleted the unnecessary final paragraph.
Selection of Financial Institutions as Depositories and as Providers of General
Banking Services - Page 7
• For simplicity, we renamed this section "Selection of Banks," reworded it for easier
reading and corrected the statute reference.
• We recommend deletion of the last paragraph since it is procedural rather than
policy.
Portfolio Performance - Page 8
• "Attain a market (not market value) rate of return" means the portfolio should be
invested to achieve or exceed current market rates, consistent with the limitations of
• the investment policy and cash flow needs.
Town of Avon Investment Policy Page 2
Summary of Recommended Changes
0
TOWN OF AVON, COLORADO •
INVESTMENT POLICY
January 22, 2008
1. Policy
It is the policy of the Town of Avon to invest public funds in a manner that will provide the
highest investment return with maximum security while meeting the daily cash flow demands of
the Town and conforming to all state and local statutes governing the investment of public funds.
2. Purpose
The purpose of this investment policy is to establish the Town of Avon's investment scope,
standards of prudence, objectives, authority, eligible investments, safekeeping and custody
requirements, diversification, and internal controls.
3. Finance Committee
The Town Council of the Town of Avon shall act as the Town's finance committee and shall
meet as necessary to determine general strategies and monitor results. The finance committee
shall include in its deliberations such topics as: economic outlook, portfolio diversification and
maturity structure, potential risks to the Town's funds, brokers and dealers, and the rate of return
on the investment portfolio. •
4. Scope
This investment policy applies to all investment activities of the Town of Avon. All financial
assets of other funds, including funds that may be created from time to time, shall be
administered in accordance with the provisions of this policy. These funds are accounted for in
the Town's Comprehensive Annual Financial Report and include:
a.
General Fund
b.
Special Revenue Funds
c.
Debt Service Funds
d.
Capital Project Funds
e.
Internal Service Funds
f.
Enterprise Funds
g.
Trust and Agency Funds
5. Objectives
The primary objectives of the Town of Avon's investment activities shall be:
a. Preservation of capital and protection of investment principal.
•
b. Maintenance of sufficient liquidity to meet anticipated cash flows.
Town of Avon
Investment Policy
• January 22, 2008
Page 2
c. Diversification to avoid incurring unreasonable market risks.
d. Attainment of a market rate of return.
e. Conformance with all applicable Town policies, and State and Federal regulations.
6. Authority
The ultimate responsibility for the investment of the funds of the Town of Avon covered by this
Investment Policy resides with the Town Council. The Town Council has delegated to the
Finance Director responsibility for developing policy regarding the investment and custody of the
Town's funds.
The Finance Director shall develop written administrative procedures and internal controls,
consistent with this Investment Policy, for the operation of the Town's investment program.
Such procedures shall be designed to prevent losses of public funds arising from fraud, employee
error, misrepresentation by third parties, or imprudent actions by employees of the Town.
is The Finance Director may delegate the authority to conduct investment transactions and manage
the operation of the investment portfolio to other specifically authorized staff members. The
Finance Director shall maintain a list of persons authorized to transact securities business for the
Town. No person may engage in an investment transaction except as expressly provided under
the terms of this Investment Policy.
The Town may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the Town's financial resources.
7. Prudence
The standard of prudence, as defined by the Colorado Revised Statutes (CRS), to be used for
managing the Town's assets is the "prudent investor" rule applicable to a fiduciary, that states
that a prudent investor "shall exercise the judgment and care, under 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 their capital." (CRS 15-
1-304, Standard for Investments.)
The Town's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The Town recognizes that no investment is
• totally without risk and that the investment activities of the Town are a matter of public record.
Town of Avon
Investment Policy
January 22, 2008 •
Page 3
Accordingly, the Town recognizes that occasional measured losses may occur in a diversified
portfolio and shall be considered within the context of the overall portfolio's return, provided that
adequate diversification has been implemented and that the sale of a security is in the best long-
term interest of the Town.
The Finance Director and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the Town Council and appropriate action is taken
to control adverse developments.
8. Ethics.and Conflicts of Interest
Elected officials and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or that
could impair or create the appearance of an impairment of their ability to make impartial
investment decisions. Investment officials and employees shall disclose to the Town Manager
any material financial interests they have in financial institutions that conduct business with the
Town, and they shall subordinate their personal investment transactions to those of the Town.
9. Internal Control •
The Finance Director shall establish a system of internal controls to ensure the integrity of the
investment process. The system shall be designed to prevent loss of public funds through fraud,
error, misrepresentation by third parties, or imprudent actions by elected officials and employees
of the Town. The system of internal controls shall be reviewed periodically by the Town's
independent auditor.
10. Authorized Securities and Transactions
All investments shall be made in accordance with Colorado Revised Statutes as follows: CRS
11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan
Association Public Deposit Protection Act; CRS 24-75-601, et seq., Funds - Legal Investments;
CRS 24-75-603, Depositories; CRS 24-75- 702, Local governments - authority to pool surplus
funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of
this Investment Policy immediately upon being enacted. Only the following types of securities
and transactions shall be eligible for use by the Town:
a. U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and
Treasury Strips with a final maturity not exceeding five years from the date of trade
settlement. •
Town of Avon
Investment Policy
January 22, 2008
Page 4
b. Federal Agency Securities: Debentures and mortgage-backed securities with a stated
final maturity, not exceeding five years from the date of trade settlement issued by the
Government National Mortgage Association (GNMA).
c. Federal Instrumentality Securities: Debentures, discount notes, callable; step-up, and
stripped principal or coupons with a final maturity not exceeding five years from the date
of 'trade. settlement. issued by the following only: Federal -Farm Credit Bank (FFCB),
Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC),
and Federal National Mortgage Association (FNMA):.'
d.. 'Repurchase Agreements with a termination date of 180' days or less collateralized by
U.S. Treasury securities or Federal Instrumentality securities listed above'' with a. final
maturity not exceeding ten years. For the purpose of this section, the term collateral shall
mean.purchased securities under the terms of the PSA Bond Market Trade Association
' Master Repurchase Agreement.as modified by the Town's Master Repurchase Agreement
Annex. The purchased securities shall have a minimum market value ' including accrued
interest of 102 percent of the dollar value of the transaction. Collateral shall be held in
the Town's third-party custodian bank as safekeeping agent, and the market value of the
.collateral securities shall be marked-to-the market daily.
• Repurchase Agr.eements shall be entered into only with counterParties who have executed
.
a Master Repurchase Agreement with the Town and who are recognized' as Primary
Dealers With the Federal Reserve Bank of New York, or with firms that have a Primary
Dealer within their holding company structure. Primary Dealers approved as Repurchase
Agreement : counterparties shall have a short-term 'credit rating of at least - A-1 or the
equivalent and a long-term credit rating of at least A or the equivalent by each service that
rates the firm.
e: Commercial Paper with an original maturity of 270,days or less that-is-rated at least A.
by Standard & Poor's, P-1 by Moody's, or F1 by Fitch at the time of purchase by at least
two, services that rate the commercial paper and rated not less by all services that rate it.
If the commercial paper issuer has senior debt outstanding; the senior debt must be rated
at least A by Standard & Poor's; A2 by Moody's,'or A.by Fitch by at least two services
that rate the issuer and rated not less by all services that rate it. No more than5% of the
Town's total portfolio may be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 20% of the Town's total
portfolio.
f. General Obligation Debt with a ,final maturity not exceeding three years from the date of
trade settlement issued by- any state of the United States or any political subdivision,
• institution; department, agency, instrumentality, or'aiithority of any state that is rated at
least AA by, Standard & Poor's; Aa by Moody's or AA by Fitch at the time of purchase by
at least two such services that rate the entity.
n
Town of Avon
Investment Policy
January 22, 2008 •
Page 5
g. Revenue Obligation Debt with a final maturity not exceeding three years from the date
of trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
least AAA by Standard & Poor's, Aaa by Moody's or AAA by Fitch at the time of
purchase by at least two such services that rates the entity.
h. Local Government Investment Pools organized under CRS 24-75-702 that are "no-
load" (no commission or fee charged on purchases or sales of shares); have a constant net
asset value of $1.00 per share; limit assets of the fund to those authorized by state statute;
have a maximum stated maturity and weighted average maturity in accordance with Rule
2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard &
Poor's, Aaa by Moody's, or AAANI+ by Fitch.
i. Money Market Funds registered under the Investment Company Act of 1940 that are
"no-load" (no commission or fee charged on purchases or sales of shares); have a
constant net asset value of $1.00 per share; limit assets of the fund to those authorized by
state statute; have a maximum stated maturity and weighted average maturity in
accordance with Rule 2a-7 of the Investment Company Act of 1940; and have a rating of
AAAm by Standard & Poor's, Aaa by Moody's, or AAAN1+ by Fitch.
Time Certificates of Deposit with a maturity exceeding one year i is
J y in any FDIC
insured state bank, national bank, or state or federal savings bank located in Colorado that
meets the credit criteria set forth in the section of this Investment Policy, "Selection of
Banks." Certificates of deposit that exceed FDIC insurance limits shall be collateralized
as required by the Public Deposit Protection Act or the Savings and Loan Association
Public Deposit Protection Act.
The foregoing list of authorized investments shall be strictly interpreted. Any deviation from this
list shall have advance approval by the Town Council in writing.
The Town may from time to time issue bonds, the proceeds of which must be invested to meet
specific cash flow requirements. In such circumstances and notwithstanding the paragraph
immediately above, the reinvestment of debt issuance or related reserve funds may, upon the
advice of Bond Counsel or financial advisors, deviate from the provisions of this Investment
Policy with the written approval of the Finance Director.
11. Investment Diversification
The Town shall diversify its investments to avoid incurring unreasonable risks inherent in over
investing in specific instruments, individual financial institutions or maturities. The asset
allocation in the portfolio should however, be flexible depending upon the outlook for the •
economy, the securities market and the Town's anticipated cash flow needs. Diversification
strategies and guidelines shall be determined and revised periodically by the Finance Committee.
Town of Avon
Investment Policy
• January 22, 2008
Page 6
12. Investment Maturity and Liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. Unless matched to a specific cash flow requirement, the Town will not
invest in securities maturing more than five years from the date of trade settlement. The Town
shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days
or less. At least 10% of the portfolio shall be invested in overnight investments or securities that
can be sold to raise cash on one day's notice.
13. Selection of Broker/Dealers
The Finance Director shall maintain a list of broker/dealers approved for investment purposes,
and it shall be the policy of the Town to purchase securities only from those authorized firms.
To be eligible, a firm must meet at least one of the following criteria:
a. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a
Primary Dealer within its holding company structure, or
• b. Report voluntarily to the Federal Reserve Bank of New York, or
c. Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net
Capital Rule).
Broker/dealers will be selected by the Finance Director on the basis of their expertise in public
cash management and their ability to provide service to the Town's account. Each authorized
broker/dealer shall be required to submit and annually update a Town approved Broker/Dealer
Information Request form that includes the firm's most recent financial statements.
The Town may purchase commercial paper from direct issuers even though they are not on the
approved broker/dealer list as long as they meet the criteria outlined in the Section, "Authorized
Securities and Transactions" of this Investment Policy.
14. Competitive Transactions
All investment transactions shall be conducted competitively with authorized broker/dealers. At
least three broker/dealers shall be contacted for each transaction and their bid and offering prices
shall be recorded.
If the Town is offered a security for which there is no other readily available competitive
offering, the Treasurer will document quotations for comparable or alternative securities.
Town of Avon
Investment Policy
January 22, 2008 •
Page 7
15. Selection of Banks
The Finance Director shall maintain a list of FDIC insured banks approved to provide depository
.
and other banking services for, the Town. To be eligible, a bank shalt,,qualify as an eligible public
depository as defined in CRS 11-10.5-103 and must meet the.minimum credit criteria (described
below) of credit analysis provided.by_one or more commercially available bank rating services.
Banks failing to meet the minimum criteria, or in the judgment of the Finance Director no longer
offering adequate safety toTown, may be removed from the list.
The Town shall utilize Highline Banking Data Services to perform a credit analysis, on-banks
seeking authorization. The analysis shall include a composite rating, and individual ratings of -
liquidity, . asset quality, profitability and capital adequacy. To be eligible for designation to
provide depository and other banking services, a bank shall have, an, average Highline Banking
Data Services Rating of 30 or better on a scale of zero to 99 with 99 being the highest quality for
the four most recent reporting quarters.
16. Safekeeping and Custody..
The Finance Director shall approve one or more banks to provide safekeeping and custodial
services for the 'Town. A Town approved Safekeeping Agreement shall be executed with each •
custodian bank prior to utilizing that bank's safekeeping services. To be eligible, a bank shall
have an average Highline Banking Data Services Rating of 20 or better on a scale of zero to 99
with 99 being the highest quality for. the four most recent reporting quarters.
The purchase and sale of securities and repurchase agreement transactions shall be settled -on a
delivery versus .payment basis.. Ownership of all securities shall be perfected in the name of the
Town, and sufficient evidence to title shall be consistent with modern investment, banking and
commercial practices.
All investment securities, except certificates of deposit, local government. investment pools and
money market funds purchased by the Town will be delivered by either book entry or physical
delivery and will be held in third-party safekeeping by the Town's approved custodian bank, its
correspondent bank or the Depository Trust Company (DTC).
All -Fed wireable book entry securities owned.by the Town shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the Town by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the custodian bank
which will name the Town as "customer."
All DTC eligible securities shall be held in the custodian bank's Depository Trust Company
(DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing
that the securities are held for the Town as "customer." •
Town of Avon
Investment Policy
January 22, 2008
17. Portfolio Performance
Page 8
All non-book entry (physical delivery) securities shall be held by the custodianbank's
correspondent bank and ,the ` custodian'. bank . shall issue a safekeeping receipt to , the Town
es
evidencing that the secur iti are held by the correspondent bank for the Town as .`.`customer:"
The custodian bank shall furnish the Town monthly reports of security holdings and safekeeping
n
activity. -
The Town's investment portfolio shall. be designed to attain a market rate of return throughout
budgetary and economic cycles, taking into account prevailing market conditions, risk constraints
for eligible securities, and cash flow. requirements. The-performance-.of the portfolio shall be
compared to the average yield on the U.S. Treasurysecurity that most closely corresponds to the
portfolio's weighted average effective maturity. When comparing the performance of the Town's
portfolio; all fees involved with"managing the portfolio shall be included'in the computation of
the portfolio's rate of return net of fees:
.18. Reporting
The Finance Director shall prepare quarterly an investment, report listing the. investments held by
the Town and the market value of those investments. The report shall include a summary of
investment earnings and performance results during the period.
19. Policy Revisions
This Investment Policy shall be reviewed periodically by the Finance' Director and amended by
the Town Council as conditions warrant. ,
TOWN OF AVON, COLORADO
INVESTMENT POLICY
2007
1. Policy
It is the policy of the Town of Avon to invest public funds in a manner that will provide the
highest investment return with maximum security while meeting the daily cash flow demands of
the Town and conforming to all state and local statutes governing the investment of public funds.
2. Purpose
The purpose of this investment policy is to establish the Town of Avon's investment scope,
standards of prudence, objectives, authority, eligible investments, safekeeping and custody
requirements, diversification, and internal controls.
3. Finance Committee
The Town Council of the Town of Avon shall act as the Town's finance committee and shall
meet as necessary to determine general strategies and monitor results. The finance committee
shall include in its deliberations such topics as: economic outlook, portfolio diversification and
maturity structure, potential risks to the Town's funds, brokers and dealers, and the rate of return
on the investment portfolio.
4. Scope
This investment policy applies to all investment activities of the Town of Avon. All financial
assets of other funds, including funds that may be created from time to time, shall be
administered in accordance with the provisions of this policy. These funds are accounted for in
the Town's Comprehensive Annual Financial Report and include:
a.
General Fund
b.
Special Revenue Funds
c.
Debt Service Funds
d.
Capital Project Funds
e.
Internal Service Funds
f.
Enterprise Funds
g.
Trust and Agency Funds
5. Objectives
The primary objectives of the Town of Avon's investment activities shall be:
a. Preservation of capital and protection of investment principal.
b. Maintenance of sufficient liquidity to meet anticipated cash flows.
Deleted: July 12,2005 WE
•
0
Town of Avon
Investment Policy
Page 2
•
c. Diversification to avoid incurring unreasonable market risks.
d. Attainment of a market rate of return.
e. Conformance with all applicable Town policies, and State and Federal regulations.
6. Authority
The ultimate responsibility for the investment of the funds of the Town of Avon covered by this
Investment Policy resides with the Town Council. The Town Council has delegated to the
Finance Director responsibility for developing policy regarding the investment and custody of the
Town's funds.
The Finance Director shall develop written administrative procedures and internal controls,
consistent with this Investment Policy, for the operation of the Town's investment program.
Such procedures shall be designed to prevent losses of public funds arising from fraud, employee
error, misrepresentation by third parties, or imprudent actions by employees of the Town.
The Finance Director may delegate the authority to conduct investment transactions and manage
the operation of the investment portfolio to other specifically authorized staff members. The
Finance Director shall maintain a list of persons authorized to transact securities business for the
Town. No person may engage in an investment transaction except as expressly provided under
the terms of this Investment Policy.
• The Town may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the Town's financial resources.
7. Prudence
The standard of prudence, as defined by the Colorado Revised Statutes (CRS), to be used for
managing the Town's assets is the "prudent investor" rule applicable to a fiduciary, that states
that a prudent investor "shall exercise the judgment and care, under 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 their capital." (CRS 15-
1-304, Standard for Investments.)
The Town's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust. The Town recognizes that no investment is
totally without risk and that the investment activities of the Town are a matter of public record.
Town of Avon
Investment Policy
Page 3
Accordingly, the Town recognizes that occasional measured losses jnay occur in a diversified
portfolio and shall be considered within the context of the overall portfolio's return, provided that
adequate diversification has been implemented and that the sale of a security is in the best long-
term interest of the Town.
The Finance Director and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the Town Council and appropriate action is taken
to control adverse developments.
8. Ethics and Conflicts of Interest
Elected officials and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or that
could impair or create the appearance of an impairment of their ability to make impartial
investment decisions. Investment officials and employees shall disclose to the Town Manager
any material financial interests they have in financial institutions that conduct business with the
Town, and they shall subordinate their personal investment transactions to those of the Town.
9. Internal Control
The Finance Director shall establish a system of internal controls to ensure the integrity of the
investment process. The system shall be designed to prevent loss of public funds through fraud,
error, misrepresentation by third parties, or imprudent actions by elected officials and employees
of the Town. The system of internal controls shall be reviewed periodically by the Town's
independent auditor.
10. Authorized Securities and Transactions
All investments shall be made in accordance with Colorado Revised Statutes as follows: CRS
11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan
Association Public Deposit Protection Act; CRS 24-75-601, et seq., Funds - Legal Investments;
CRS 24-75-603, Depositories; CRS 24-75-,702, ,,Local governments - authority to pool surplus
funds. Any revisions or extensions of these sections of the CRS will be assumed to be part of
this Investment Policy immediately upon being enacted. Only the following types of securities
and transactions shall be eligible for use by the Town:
a. U.S. Treasury Obligations: Treasury Bills, Treasury Notes, Treasury Bonds, and
Treasury Strips with a final maturity not exceeding five years from the date of Trade
settlement.
b. Federal Agency Securities: Debentures and mortgage-backed securities with a stated
final maturity not exceeding five years from the date of ,trade settlement issued by the
Government National Mortgage Association (GNMA).
Deleted: are inevitable
•
Deleted: a seq.,
Deleted: 701 and
Deleted: et seq., Investment Funds -
I ocal Government Poohng
Deleted: purchase
Deleted: purchase
0
Town of Avon
Investment Policy
Page 4
c. Federal Instrumentality Securities: Debentures, discount notes, callable, step-up, and
stripped principal or coupons with a final maturity not exceeding five years from the date
of Tade settlement issued by the following only: Federal Farm Credit Bank (FFCB), Deleted: P-dum
Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC),
and Federal National Mortgage Association (FNMA).
d. Repurchase Agreements with a termination date of 180 days or less collateralized by
U.S. Treasury securities or Federal Instrumentality securities listed above with a final
maturity not exceeding ten years. For the purpose of this section, the term collateral shall
mean purchased securities under the terms of the PSA Bond Market Trade Association
Master Repurchase Agreement as modified by the Town's Master Repurchase Agreement
Annex. The purchased securities shall have a minimum market value including accrued
interest of 102 percent of the dollar value of the transaction. Collateral shall be held in
the Town's third-party custodian bank as safekeeping agent, and the market value of the
collateral securities shall be marked-to-the market daily.
Repurchase Agreements shall be entered into only with counterparties who have executed
a Master Repurchase Agreement with the Town and who are recognized as Primary
Dealers with the Federal Reserve Bank of New York. or with firms that have a Primary
Dealer within their holding company structure. Primary Dealers approved as Repurchase
Agreement counterparties shall have a short-term credit rating of at least A-I or the
equivalent and a long-term credit rating of at least A or the equivalent by each service that
rates the firm.
40
e. Commercial Paper with an original maturity of 270 days or less that is rated at least A-I
by Standard & Poor's, P-1 by Moody's, or FI by Fitch at the time of purchase by -at least
two services that rater, the commercial paper and rated not less by all services that rate it.
If the commercial paper issuer has senior debt outstanding, the senior debt must be rated
at least A by Standard & Poor's, A2 by Moody's, or A by Fitch by at least two services
that rate, the issuer and rated not less by all services that rate it. No more than 5% of the
Town's total portfolio may be invested in the commercial paper of any one issuer, and the
aggregate investment in commercial paper shall not exceed 20% of the Town's total
portfolio.
f. General Obligation Debt with a final maturity not exceeding ee ears from the date of
trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
least AA by Standard & Poor's, Aa by Moody's or AA by Fitch at the time of purchase by
at least wo such services that raterthe entity.
g. Revenue Obligation Debt with a final maturity not exceeding ree ears from the date
of trade settlement issued by any state of the United States or any political subdivision,
institution, department, agency, instrumentality, or authority of any state that is rated at
Deleted: each
Deleted: s
Deleted: each
Deleted: s
Deleted: five
Deleted: one
Deleted: s
Deleted: five
Town of Avon
Investment Policy
Page 5
least AAA by Standard & Poor's, Aaa by Moody's or AAA by Fitch at the time of
purchase by at least wy such services that rates th e entity.
h. Local Government Investment Pools organized under CRS 24-75-,702 that are .no-
load" (no commission or fee charged on purchases or sales of shares); have a constant net
asset value of $1.00 per share; limit assets of the fund to Shose authorized by state statute;
have a maximum stated maturity and weighted average maturity in accordance with ule
2a-7 of the Investment Company Act of 1940; and have a rating of AAAm by Standard &
Poor's, Aaa by Moody's, or AAAN1+ by Fitch.
i. Money Market Funds registered under the Investment Company Act of 1940 that are
"no-load" (no commission or fee charged on purchases or sales of shares); have a
constant net asset value of $1.00 per share; limit assets of the fund to $hose authorized by
state statute; have a maximum stated maturity and weighted average maturity in
accordance with -Rule 2a-7 of the Investment Company Act of 1940; and have a rating of
AAAm by Standard & Poor's, Aaa by Moody's, or AAAN1+ by Fitch.
Deleted: one
Deleted: 701 and CRS 24-75-
Deleted: U.S. Treasury obligations,
Federal Instmmmtality securities,
repurchase agreements collateralized by
U.S. Treasury or Federal Instrumentality
securities, and commercial paper
Deleted: Federal Securities Regulation
Deleted: U.S. Treasury obligations,
Federal Insamnematity securities,
repurchase agreements collateralized by
U.S. Treasury or Federal Instrumentality
securities, and commercial paper
Deleted: Federal Securities Regulation
Time Certificates of Deposit with a maturity not exceeding one year in any FDIC
insured state bank, national bank, or state or federal savings tank located in Colorado that
Deleted: and loan association
jneets the credit criteria set forth in the section of this Investment Policy, "Selection of
Deleted: is a member ofthe Federal
Aanks." Certificates of deposit that exceed FDIC insurance limits shall be collateralized
Deposit Insurance Corporation, and
as required by the Public Deposit Protection Act or the Savings and Loan Association
Public Deposit Protection Act.
Deleted: Financial Institutions as
Depositories and as Providers of General
Banking Services
,The foregoing list of authorized investments shall be strictly interpreted. Any deviation from this
list shall have advance approval by the Town Council in writing.
The Towq may from time to time issue bonds, the proceeds of which must be invested to meet
specific cash flow requirements. In such circumstances and notwithstanding the Paragraph
immediately above, the reinvestment of debt issuance or related reserve funds may, upon the
advice of Bond Counsel or financial advisors, deviate from the provisions of this Investment
Policy with the written approval of the finance Directo
11. Investment Diversification
.The Town shall diversify,zs-investments ;to avoid incurring unreasonable risks inherent in over
investing in specific instruments, individual financial institutions or maturities. The asset
allocation in the portfolio should however, be flexible depending upon the outlook for the
economy, the securities market and the Town's anticipated cash flow needs. Diversification
strategies and guidelines shall be determined and revised periodically by the Finance Committee.
12. Investment Maturity and Liquidity
To the extent possible, investments shall be matched with anticipated cash flow requirements and
known future liabilities. Unless matched to a specific cash flow requirement, the Town will not
Deleted: It is the intent of the Town
that the
Allikk
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Roman, 12 pt
Deleted It is the intent of the Town to
Deleffid: the
Deleted: within the portfolio
0
Town of Avon
Investment Policy
Page 6
• invest in securities maturing more than five years from the date of grade settlement. The Town
shall maintain at least 15% of its total investment portfolio in investments maturing in 120 days
or less. At least 10% of the portfolio shall be invested in overnight investments or securities that
can be sold to raise cash on one day's notice.
13. Selection of Broker/Dealers
The Finance Director shall maintain a list of proker/dealers approved for investment purposes,
and it shall be the policy of the Town to purchase securities only from those authorized firms.
To be eligible, a firm must meet at least one of the following criteria:
a. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a
Primary Dealer within its holding company structure, or
b. Report voluntarily to the Federal Reserve Bank of New York, or
c. Qualify under Securities and Exchange Commission (SEC) Rule 150-1 (Uniform Net
Capital Rule).
Broker/dealers will be selected by the Finance Director on the basis of their expertise in public
cash management and their ability to provide service to the Town's account. Each authorized
broker/dealer,shall be required to submit and annually update a Town approved Broker/Dealer
Information Request form that includes the firm's most recent financial statements.
The Town may purchase commercial paper from direct issuers even though they are not on the
approved broker/dealer list as long as they meet the criteria outlined in the Section, "Authorized
Securities and Transactions" of this Investment Policy.
•
Deleted: purchase
Deleted: authorized
Deleted: authorized by the Finance
Direa m
Deleted: The Finance Director shall
maintain a file of the most recent
Broker/Dealer Information forms
submitted by each firm approved for
investment purposes. Broker/Dealers
shall also attest in writing that they have
received a copy of this Policy.
0
Town of Avon
Investment Policy
Page 7
14. Competitive Transactions
All investment transactions shall be conducted competitively with authorized broker/dealer$, At
Deleted: Each
least three broker/dealers shall be contacted for each transaction and their bid and offering prices
Deleted: transacted
shall be recorded.
Deleted: Who have been authorized by
the Town
If the Town is offered a security for which there is no other readily available competitive
offering, $he Treasurer will document quotations for comparable or alternative securities.
Deleted: then
Deleted: 9
When purchasing original issue
arks
15. Selection Of~.
instrumentality securities' no competitive
offerings will be required as all dealers in
the selling group offer those securities at
The Finance Director shall maintain a list of
EDIC insured banks approved to provide depository
the same original issue price.
,
and other banking services for the Town. To be eligible, a bank hall qualify asN eligible ible Public
g ~ .
Deleted: Deleted: Financial Institutions as
repositories and as Providers of
depositoryjas defined in CRS j 1-10.5-103 and must meet the minimum credit criteria (described
General Banking services
below) of credit analysis provided by one or more commercially available bank rating services.
Deleted: authorized financial
Banks failing to meet the minimum criteria, or in the judgment of the Finance Director no longer
msntutnons that are
offering adequate safety to Town, may be removed from the list.
Deleted: for authorization
Deleted: most be a member of the
The Town shall utilize Highline Banking Data Services to perform a credit analysis on banks
Federal Deposit Insurance Corporation
seeking authorization. The analysis shall include a composite rating, and individual ratings of
Dom` a
liquidity, asset quality, profitability and capital adequacy. To be eligible for designation to
Deleted: ofpublic funds in Colorado
provide depository and other banking services, a bank shall have an average Highline Banking
Deleted: 2475-603
Data Services Rating of 30 or better on a scale of zero to 99 with 99 being the highest quality for
the four most recent reporting quarters.
.
Deleted: ¶
The Finance Director shall maintain a file
16. Safekeeping and Custody
of the most recent credit rating
reports performed for each aPprov
financial institution by one of the
The Finance Director shall approve one or more banks to provide safekeeping and custodial
listed rating fans. Credit analyses shall
be performed at least semi-annually on all
services for the Town. A Town approved Safekeeping Agreement shall be executed with each
approved banks.
custodian bank prior to utilizing that bank's safekeeping services. To be eligible,, a yank shall
Deleted; financial institutions
have an average Highline Banking Data Services Rating of 20 or better on a scale of zero to 99
Meted: for designation as the Town's
with 99 bein
the hi
hest
ualit
for the four most recent re
ortin
uarters
safekeeping and custodian bank
g
g
q
y
p
g q
.
Deleted: financial institution
The purchase and sale of securities and repurchase agreement transactions shall be settled on a
Deleted: The Finance Director shall
delivery versus payment basis. Ownership of all securities shall be perfected in the name of the
file
credit rating
Town, and sufficient evidence to title shall be consistent with modem investment, banking and
a
ports p pert erf
reormed for each
analysis
approved financial institution. I
commercial practices.
I
All investment securities, except certificates of deposit, local government investment pools and
money market funds purchased by the Town will be delivered by either book entry or physical
delivery and will be held in third-party safekeeping by the Town's approved custodian bank, its
correspondent bank or the Depository Trust Company (DTC).
0
Town of Avon
Investment Policy
Page 8 "
All Fed wireable book entry securities owned by the Town shall be evidenced by a safekeeping
receipt or a customer confirmation issued to the Town by the custodian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the custodian bank
which will name the Town as "customer:
All DTC eligible securities shall be held in the custodian bank's Depository Trust Company
(DTC) participant account and the custodian bank shall issue a safekeeping receipt evidencing
`that the securities are held for the Town as customer."
All non-book entry (physical delivery) securities shall be held by the custodian bank's
correspondent bank and the custodian bank shall issue a safekeeping receipt to the Town
evidencing that the securities are held by the correspondent bank for the Town as "customer."
The custodian.bank shall furnish the Town monthly reports of security holdings and safekeeping
activity.
17. Portfolio Performance
The Town's investment portfolio shall be designed to attain a market rate of returnthroughout
budgetary and economic cycles, taking into account prevailing market conditions, risk, constraints -
for eligible securities, and cash flow requirements. The performance of the portfolio, shall be
compared to the average yield on the U.S. Treasury security that most closely corresponds to the
portfolio's weighted average effective maturity. When comparing the performance of the Town's
portfolio, all fees involved with managing the portfolio shall be included in the computation of
the portfolio's rate of return net of fees.
18. Reporting
• The Finance Director shall prepare quarterly an investment report listing the. investments held by
the Town and, the market value of those investments. The report shall include a summary of .
investment earnings and performance results during the period.
Deletede value '
0
Town of Avon
Investment Policy
Page 9
19. Policy Revisions
This Investment Policy shall be reviewed periodically by the Finance Director and amended by
the Town Council as conditions warrant.
r~
~J
C7
is