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HomeMy WebLinkAbout20133178.tiffWELD COUNTY CODE ORDINANCE 2013-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld. State of Colorado. pursuant to Colorado statute and the Weld County Home Rule Charter. is vested with the authority of administering the affairs of Weld County. Colorado, and WHEREAS, the Board of County Commissioners. on December 28. 2000. adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures. terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments.. and the various Chapters are revised to read as follows. CHAPTER 5 REVENUE AND FINANCE ARTICLE IV Purchasing Policy Amend Sec. 5-4-10. Statement of policy. A. The Local Government Budget Law of Colorado, Section 29-1-101103, C.R.S., provides that each local government shall adopt an annual budget. Such budget shall present a complete financial plan for the ensuing fiscal year. It shall set forth all proposed expenditures for the administration, operation and maintenance of all offices, departments. boards, commissions and institutions of such local government, including publicly owned and operated utilities and enterprises. Section 29-1-111 C.R.S.. and Section 14-2 of the Home Rule Charter provide that before the beginning of the fiscal year. the Board of County Commissioners shall enact an ordinance making appropriations for the ensuing fiscal year. The amounts appropriated for the offices, departments. boards. commissions and other spending agencies shall not exceed the amount fixed therefor in the budget adopted by the governing body. B. Section 29-1-1130, C.R.S., provides that during the fiscal year, no officer, department, board, commission or other spending agency shall expend or contract to expend any money, incur any iabi ity or enter into any contract wiici, by its terms, invo ves tie expenciture of money for any of tie purposes for wiici provision is mace in tie appropriation ordnance in excess of tie PAGE 1 2013-3178 ORD2013-12 amount appropriated in said ordinance for such officer, -department, board, commission, other spending agency or purpose for such fiscal year. Any contract, verbal or written, made in vio ation of his Section sia be voic as to he oca government, anc no moneys be onging thereto shall be paid thereon the fiscal year, no officer, employee, or other spending agency shall expend or contract to expend any money, or incur any liability, or enter into any contract which, by its terms, involves the expenditures of money in excess of the amounts appropriated. Any contract, verbal or written, made in violation of this section shall be void, and no moneys belonging to a local government shall be paid on such contract. Section 3-8(4)(m) of the Home Rule Charter provides that all contracts must be approved and executed by the Board of County Commissioners. The Chair of the Board shall sign all contracts, unless otherwise delegated. C. Section 29-1-1185, C.R.S., provides that any member of the governing body of any county, or any member, officer, employee or agent of any department, board, commission or otter spencing agency wno <nowing y or wi fu y fai s to perform any of the duties imposed upon him or her by the foregoing sections of the Coloraco Revisec Statutes, or wits <nowing y and wi fu y vio ates any of its provisions, is gui ty of ma feasance in office; anc, upon conviction thereof, the court shall enter judgment that such officer so convicted shall be removed from officelocal government or any officer, employee, or agent of any spending agency who knowingly or willfully fails to perform any of the duties imposed upon him by this part 1 or who knowingly and willfully violates any of its provisions is guilty of malfeasance in office, and, upon conviction thereof. the court shall enter judgment that such officer so convicted shall be removed from office. Any elector of the local government may file an affidavit regarding suspected malfeasance with the district attorney, who shall investigate the allegations and prosecute the violation if sufficient cause is found. It is the duty of the court rendering any such 'udgment to cause immediate notice of such removal to be given to the proper officer of the local government so that the vacancy thus caused may be filled. D through F - No change G. Compliance with the provisions of this Article is mandatory. Any provisions which adversely affect the performance of any department's vital services shall immediately be called to the attention of the Director of Finance and AdministrationGeneral Services. Remainder of Section - No change. Amend Sec. 5-4-30. Bid regulations. A. Section 14-9 of the Home Rule Charter specifies that: 1 through 4 - No change 5. All purchases in excess of an amount (Appendix 5-L) to be set annually by the Board of County Commissioners by ordinance shall be by written, sealed bid; and bids over the amount set annually by ordinance by the Board of County Commissioners shall be followed by a ten-day period for consideration and investigation of the bids submitted to determine comparisons of quality and price. The ten-day waiting period may be waived by resolution of the Board for emergency purchases. The Board shall accept the bid it finds to be most beneficial to the County. B. Section 30 11 109, C.R.S., specifies that: PAGE 2 2013-3178 ORD2013-12 "Acvertisement or bics on supp ies. t is tie cuty of tie board o= county commissioners in each county in this state to cause at least one advertisement to be inserted in the official newspaper of its -respective county, under the heading of 'stationery proposals', asking for bids for the supplying, for one year, of a books, stationery, recorcs, printing, itiograpiing, anc such otier supp ies, specifics y mentioning anc cescribing tiem, as are furnisiec to tie several officers of tie county, suci acvertisement to be pub isiec not ess tnan twenty nor more tian forty cays prior to tie opening of suci bics. Suci acvertisement may be pub isiec any time curing tie year as tie boarc ceems most aevisab e. Tie pub ication of tie acvertisement may be mace in con:unction wits any otier county or tie state, wien bics are asked on the supplies specified in this section."NOTE: REPEALED BY H.B.13-1010. Section 30-11-110, C.R.S., specifies that: It is unlawful for any board of county commissioners of any county to accept any bid or make a purchase of any books, stationery, records, printing, lithographing, or other supplies for any officer of its county, from any person, company, or corporation having its manufactory or principal place of business outside the state of Colorado, when the same can be procured from some person, company, or corporation having its manufactory or principal place of business within this state and at a net cost which shall not exceed the amount for which such books, stationery, records, printing, lithographing, or other supplies can be procured and delivered to them by any person, company, or corporation having its manufactory or principal place of business without the state. Remainder of Section - No change Amend Sec. 5-4-40. Formal bids. A - No change B. At the discretion of the Director of Administrative General Services. formal bids may be advertised in the official county newspaper, except as statutorily required, and may be advertised in other publications. Such advertisement shall include. but not be limited to the following: 1 through 6.c - No change C. The Department of Purchasing shall maintain a vendor's bid list. Invitations to bid shall be males -sent to all appropriate vendors on the bid list on the County's vendor list. The County may send invitations to other qualified vendors. D and E - No change F. All formal bids shall be submitted sealed and shall be publicly opened at the time and place indicated in the advertisement or as specified in the bid documents. If bids are submitted by email or facsimile transmission, the vendor must include the following statement. "I hereby waive my right to a sealed bid." Bidders are invited, but are not required to attend the bid opening. G. During the bid advertisement process and prior to bid opening, the Department of Purchasing may introduce "other source" bids that serve in the best interest of the County. "Other source" bids are quotes for products and/or services which are obtained from entities such as on-line sources, direct -buy from manufacturers or wholesalers, published catalogues, or other sources which may increase competition and reduce cost. PAGE 3 2013-3178 ORD2013-12 Amend Sec. 5-4-50. Quotations and informal bids. A. Other than those supplies purchased pursuant to Sections 38 11-109 through 112, C.R.S., pPurchases of goods or equipment less than the amount established by the annual purchasing ordinance pursuant to Section 14-9 of the Home Rule Charter, the purchasing agent shall request quotations from three (3) or more suppliers, if possible, and shall purchase at the lowest and best quotations. The names of the suppliers and businesses submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record. The County shall reserve the right to reject any and all bids. B - No change C. In all cases, the procedure used to obtain prices shall be calculated to achieve maximum economy for the County. Informal purchases may include any of the following: 1. Quotations on standard quotation forms. 2. Telephone or email quotations. 3. Purchase on the basi-s of parts history cards- 4. Recent competitive bid prices which may be used to avoid duplication of effort. 5/1.Sole Sole source items, if emergency concitions exist or i= suc- requirement is obtainab e, for practical purposes, the item is obtainable from only one (1) source, as determined by the Director of General Services. 65. Items under one thousand five hundred dollars ($1,500.00) may be acquired from a vendor without quotes by -the -Department of Purchasing in order to expedite the procurement of small purchases for departments and save the Purchasing Department personnel time -for larger, more complicated buying. D - No change E. In the event items do not meet specifications required by the bid document, the Department of Purchasing may reject the bid or. at its discretion, ask for additional documentation from the vendor regarding evidence of why the alternate will satisfy the need. If documentation justifies, the County may invite the vendor to provide a demonstration. Based upon data and/or demonstration. the Department of Purchasing may accept an alternative bid with the approval of the Director of Administrative General Services. Amend Sec. 5-4-60. Cooperative purchasing. A. The purchasing agent may participate in joint bidding with other public agencies if it is deemed in the best interests of the County. B. The Board of County Commissioners can accept any of the state bids without rebidding the same goods/services at the discretion of the Board or the Department of Purchasing. PAGE 4 2013-3178 ORD2013-12 C. When determined to be in the best interest of the County, the Board of County Commissioners may select vendors or screen qualifications from other local government procurement processes where those processes meet, or exceed, those described in this Code. Amend Sec. 5-4-70. Payments to vendors. A. All bills paid by the County are paid through the Banner Accounting System and fall into one (1) of the following categories: 1 and 2 - No change B. In a few instances and only upon approval of the Director of Finance and Administration or the Director of General Services, an expenditure without a requisition and purchase order may be paid if. in his or her opinion, circumstances warrant payment. Remainder of Section - No change Sec. 5-4-80. Expenditures not requiring requisitions. It has been determined that it is not in the best interests of the County to require requisitions on all purchases of goods or services. Following is a list of the expenses which will be processed for payment in the Department of Accounting without a requisition and purchase order: A through C - No change D. Coroner's fees. Fees paid to the County Coroner, investigators and pathologists. E through M - No change N . Library books. subscriptions, and publications. Publications. books. magazines or published materials. 0 and P - No change Q. Computer support. Computer hardware, software, maintenance and supplies when determined by the Director of Finance and AdministrationGeneral Services not to be competitive resources compatible to the County's computer environment. R through T - No change U . Film processing. Charges paid for the processing of film by departmentsPhoto reproduction. ✓ - No change W. Waived items. The Director of Finance and AdministrationGeneral Services may waive the requirement for requisition and purchase order when warranted by circumstances. PAGE 5 2013-3178 ORD2013-12 X. Equipment rental. The Director of Administrative General Services may approve rentals of short-term duration not to exceed thirty (30) days or ten thousand dollars ($10,000.00). Rental of equipment is sub ect to the requirements of Section 5-4-50. Amend Sec. 5-4-90. Invoice routings on direct pays. A. The original copy of the invoice shall be stamped with the "payable stamp" and sent, along with any remittance copy, to scanned and saved by the Department of Accounting_ -for payment. A copy of the invoice should be retained in the files of the using department and marked with the date submitted to tie Department of Accounting for payment. Tie invoice must be signed by the department head or authorized incivicual Once the invoice is scanned, the originating Department will process the payment. B. Appropriate on-line approvals for the Banner Accounting System must be completed. with the Department of Accounting having final approval on all payments After approvals are complete. the warrant will be printed and mailed out with appropriate remittance documents. Remainder of Section - No change Amend Sec. 5-4-100. Contracts for personal professional services or independent contractors. A - No change B. Selection process: 1 through 3 - No change 4. Contracts under fifty thousand dollars ($50,000.00) will follow the normal purchasing process specified. but may be approved by the Department of Purchasing and the contract be placed on the Professional Services agreement form approved by the County Attorney and Board of County Commissioners. The Professional Services agreement must be signed by LnE Chair of the Board. 5 - No change C. Procedure for payment. 1. Tie Professiona Services Agreement form wi be comp etec by tie Department of Purchasing after the appropriate selection process or proper procedure has been completed. 2. Tie Department of Purchasing wi senc tie Professiona tie Department of Finance anc Administration for approva of Administration and Chair of the Board. Services Agreement form to t -ie Director of Finance and 3. Tie Department of Accounting wi comp ete the account section of the contract and return copies to the Department of Purchasing anc tie requesting department. The origina will be retained in the Department of Accounting. PAGE 6 2013-3178 ORD2013-12 4. The Department of Accounting will encumber the contract amount and -verify each payment. 51. The dDepartment making the payment should enter the data for payment into the Banner Accounting System, being sure to note the contract number as the Purchase Order number. 6 -'.After approvals, the warrant will be printed and mailed to the contractor. D. Modifications to contracts. Every contract change order, term modification, or price ad.ustment ;in excess of the original contract amount) must be approved. 1. Modifications to service contracts under $10,000 (cumulative) can be approved by the Department head or elected official. Modifications to service contracts over $10,000 (cumulative must be approved by the Board of County Commissioners. 2. Modifications, including, but not limited to, change orders, term modifications or price ad.ustments ;in excess of the original contract amount), to capital improvement construction contracts must be approved by the Board of County Commissioners. a. The Chair of the Board is authorized to enter into and sign contracts and agreements for all change orders to contracts for construction projects of up to five percent (5%) of the original contract amount, not to exceed ten thousand dollars ($10,000.00). Amend Sec. 5-4-110. Qualification -based selection process for professional services. A. ProcedureApplicability. This qualification -based selection (QBS) process must be used whenever required by State or federal law. Appendix 5-P provides additional guidance. B. QBS Procedure. 1. Step 1. RFQ. A Request for Proposals -Qualifications ("RFP0") shall be advertised by the Department of Purchasing outlining general project requirements and proposal guidelines. a. The RFQ may be advertised at the time that a pro*ect need arises, or prior to any project need arising. If the RFQ is not project -specific, the RFQ shall be advertised annually. in order to create a short list of qualified individuals or firms that are able to provide professional service. Nothing in this Section preclusdes the County from accepting qualifications and/or vendors as allowed in Section 5-4-60. b. Individuals or firms responding to the RFQ shall submit a statement of interest to the Department of Purchasing by a designated date. Such statements shall address the categories provided in Appendix 5-Q. c. The Department Head or Elected Official shall designate a Review Team which shall review the individuals/firms based upon their statements of interest according to the PAGE 7 2013-3178 ORD2013-12 criteria provided in Appendix 5-Q. The Director of General Services, or his designee, shall participate on every Review Team. The Review Team shall create a short list of three (3; to five (5) individuals/firms. 2. Step 2: RFP/Interviews. The Department Head or Elected Official shall provide a Request for Proposal (RFP) to each of the individuals/firms on the short list, who shall be required to attend a mandatory pre -proposal meeting. The Review Team shall interview all individuals/firms responding to the REP, and shall rank each proposal according to the criteria provided in Appendix 5-S.A pre-proposa meeting sia be ie c witi interestec firms or companies to discuss the project details. 3. Step 3: Negotiation. a. The Department Head or Elected Official, or his or her designee, shall negotiate in good faith with the highest ranked firm or company in order to come to agreement on all aspects of the contract, including total contract price. b. If no agreement can be made with the highest ranked company or firm, the Department Head or Elected Official, or his or her designee, may stop negotiations and begin negotiations with the next highest ranked firm or company. This process may be repeated as may be necessary. If negotiation is not successful with any of the ranked companies or firms, the Department Head or Elected Official may begin the QBS process over, or may begin the negotiation process over. Proposals shall be submitted to the minimum, the following: a. Proposed cost and work hours. b. Assigned personnel. c. Firm or company capabilities. d. Project understanding- e. Proposed schedule f. References for similar work. 4. Proposa s sia be reviewee by a team of incivicua s se ectec by tie Department -- eac or E ectec Officia anc ran<ec accorcing to he scoring system anc criteria set fort, in Subsection B below. 5. The highest -ranked firms or companies shall be interviewed. The number of firms or companies interviewed shall be at the discretion of the Department Head or Elected Official. 6. —le interview pane (same as le proposa se ection team) shall re rank each firm or company after the interviews. 7. Tie project manager sia c iec< the top-ran<ec firm's or company's references. C. Best Value QBS Procedure. 1. Step 1: RFQ. Whenever the project is not required by State or federal law to be procured through the QBS Procedure outlined above, the following Best Value QBS process may be used at the discretion of the Board of County Commissioners. Step 1 of the process is identical to Step 1 under subsection B, above. 2. Step 2: RFP. The Department Head or Elected Official shall provide a RFP to each of the individuals/firms on the short list, who shall be required to attend a mandatory PAGE 8 2013-3178 ORD2013-12 pre -proposal meeting. The Review Team shall review all proposals according to the criteria provided in Appendix 5-R, and shall interview the lowest bidder. 3. Step 3: Interview/Award. If the low bidder's proposal meets the specifications provided in the RFP, the Department Head or Elected Official shall recommend that the Board of County Commissioners award the contract to the low bidder. If the low bidder's proposal does not meet the specifications of the RFP, the Department Head or Elected Official shall interview the next lowest bidder until the lowest bid that meets specifications is identified. 8D. _ Approval of the Contract. The results of the selection process, including the name and address of the recommended firm or company and a Professional Services Agreement, shall be presented the Board of County Commissioners for approval and specific Board action [over fifty thousand dollars ($50,000)}, or for signature by the Chair of the Board of County Commissioners : ese tnan fifty tiousanc co ars ($50,000):. No QBS-negotiated contract shall be approved except through this process. B. Scoring system and Criteria. Professional firms or companies shall be evaluated accorcing to tie fo owing scoring system ane criteria. Tie scoring system anc criteria s la be the basis for review of the written proposals and interviews. The rating scaled shall be from 1 to 5, wits ' being tie poorest, 3 being average, anc 5 being outstancing. Weighting Factor Qualificatio n Standard 2.00 2.00 4--00 -1.00 Scope of proposal Assigned personnel Availability Motivation Does tie proposa slow an uncerstancing of tie protect objective, methodology to be used and results that are desired for the project? Do tie persons wio wi be working on tie pro ect lave the necessary skills? Are sufficient people of the requisite skills assigned to the protect? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qua ifiec personne avai ab e to assist in meeting tie protect scieeu e if requirec? s tie protect team avai ab e to attend meetings as required by the Scope of Services? s tie firm or company interestec and are t doing the work in the required time frame? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each task -or phase? Does tie firm or company lave tie support capabi ities requirec by tie assignee personne? -as tie firm cone previous projects of this type and scope? ley capab e of 2.00 Cost and work hours 2.00 Capability (Weld County Codification Ordinance 2000- ; We Amend Sec. 5-4-120. General information. c County Code Ordinance 200'1 2) A. A smooth flow of requisitions. purchase orders and invoices must be accomplished Departments can assist by giving the Department of Purchasing as much time as possible to fill PAGE 9 2013-3178 ORD2013-12 an order. The Department of Purchasing will endeavor to complete the order in a reasonable amount of time. If there are problems or complaints that cannot be worked out between departments and the Department of Purchasing, the Director of Finance and AdministrationGeneral Services should be notified. B through F - No change G. Special circumstances for negotiated purchases without bid. Purchase orders and contracts may be awarded, by the Board of County Commissioners, without the requirement stated in this Section in any of the following cases: 1. In the event no bids are received for an item, the Director of Administrative General Services is authorized to negotiate a purchase on behalf of the County. The final negotiated purc lase must be approvec by tie Boarc o= County Commissioners. 2. Extension of existing contract where a vendor offers to extend an existing contract under the same conditions and at the same or lower price, and such extension is in the best interest of the County. 3. Service on existing equipment, if it is to the County's advantage to obtain parts repair, or service on existing equipment, its supplies or software from a factory -authorized dealer or manufacturer. Amend Sec. 5-4-130. Questioned purchase requisitions. The Director of Administrative General Services has the right and the duty to question any item on a requisition that may be unnecessary and/or unreasonable. The Director of Administrative General Services does not, however, assume the authority to refuse to authorize the purchase of the item requisitioned. In the event of a questioned requisition, the matter will be brought to the attention of the Board of County Commissioners, which; in its capacity, will make the final administrative determination concerning the purchase. Amend Sec. 5-4-160. Disposal of surplus property. A through G - No change H. In the event no bids are received for the sale of surplus property, the Director of Administrative General Services may negotiate a sale. Final negotiated sale must be approved by the Board of County Commissioners. Amend Sec. 5-4-170. Notice of emergency purchaseEmergency Purchases. A. Only the Department of Public Works, Office of Emergency Management, Department of Public Safety Communications.. and Department of Buildings and Grounds are authorized to make purchases outside regular business hours, and then only when failure to do so would result in cessation of vital services. EMERGENCY PURCHASES MUST BE JUSTIFIED TO, AND ASSIGNED AN EMERGENCY PURCHASE ORDER NUMBER BY, THE DEPARTMENT OF PURCHASING. PURCHASES NOT TRULY AN EMERGENCY, OR ABUSE OF EMERGENCY PURCHASE BY THE ABOVE DEPARTMENTS, WILL BE CONSIDERED UNAUTHORIZED PURCHASES AS SPECIFIED IN PARAGRAPH 5-4-10.1.5 OF THIS ARTICLE. PAGE 10 2013-3178 ORD2013-12 B. As described in Section 2-15-60 and 2-16-60 of this Code, in the event of activation of the Continuity of Government Plan or Emergency Operations Center, all purchasing rules set forth in this Chapter shall be suspended, subject to Board of County Commissioner review. In the event the Continuity of Government Plan is activated, the COG TEAM LEADER designated by the Board of County Commissioners and/or the Weld County Director of Finance and Administration shall have the authority, subject to Board review, to approve any purchases that are necessary in order to continue County government. In the event the Emergency Operations Center is activated, the Director of the Weld County Office of Emergency Management, the Weld County Director of Finance and Administration and the Weld County Director of General Services, shall have the authority, subject to Board review, to approve any purchases that are necessary in order to ensure the continuation of vital services and to continue Emergency Operations Center and incident command operations. C. Informal purchase. In the event of a County declared emergency disaster, or other warranted conditions, the Board of County Commissioners may set an alternative amount (found in Appendix 5-L) for informal purchases in order to expedite the procurement process to speed response and recovery. D. Ten-day waiting period. Per Section 14-9 of the Weld County Home Rule Charter, the ten-day waiting period for sealed bids and bids over the amount set annually by ordinance (found in Appendix 5-L) by the Board of County Commissioners may be waived by resolution of the Board for emergency purchases. Amend Sec. 5-4-180. Purchasing Card (P -Card) Program. By Resolution #2005-1610 of the Board of County Commissioners, approved and effective June 1, 2005, the following policy and procedures were adopted for the Purchasing Card (P -Card) Program: A - No change B. General guidelines. 1. P -Card users must comply with all other applicable sections of this Purchasing Policy, including but not limited to, Section 5-4-50 regarding the need to obtain bids. I-2. Card issuance. Each P -Card holder will be required to complete a P -Card holder agreement. By signing the agreement, the P -Card holder has agreed to adhere to the guidelines established in this Section. A sample of the cardholder agreement is available in the Accounting Department. a. Each P -Card holder is the only person entitled to use a card. The, and the card is not to be used for personal use. b through d - No change 2' .Account maintenance. To change any information regarding an account, such as e-mail address or expense accounting code, a P -Card holder must complete an account maintenance form, wiici is avai ab e in tie Accounting Departmentcontact the P -Card Administrator and complete appropriate documentation. PAGE 11 2013-3178 ORD2013-12 3 Card usage. The P -Card can be used at any merchant that accepts Visa, except as the County otherwise directs. It may be used for in-store purchases, as well as phone, fax or mail orders. There is no special terminal or equipment needed by the merchant to process a P -Card transaction. a and b - No change 45. Limitations and restrictions. Supervisors have assigned a credit limit to each P Card holder's card.Each P -Card has restrictions and limitations that are in line with established purchasing policy. Modifications to any limitation or restriction can only be made by the P -Care Administrator. a. There is a sSingle transaction and monthly dollar limits are placed on each P-sCard, wiici means tie -carc wi be cec inec if any attempt is mace -o purclase more than the single transaction limit amount. Purchases should not be split to avoid the single transaction limit. b. Every P Carc io•cer las a tota mont account. _imitations wi vary by P Care discussed with a P -Card holder's supervisor. 1 y 10 dollar limit assigned to his or her er; tierefore, the limit should be etc. The P -Card Program also allows for merchant category blocking. If a particular merchant category is blocked (e.g., jewelry stores), and an attempt is made to use a P-cC='ard at said merchant, the purchase will be declined. The County has made an effort to ensure that the vendors and suppliers used during the normal course of business are not restricted. If a P -card is refused at a merchant which is believed to be appropriate, contact the program P -Card aAdministrator in the Accounting Department. Automated customer service assistance is available twenty-four (24) hours per day, seven (7) days a week. The menu prompts with options that will provide the following information: 1) Current balance. 2) Report lost or stolen P -card. 3) Speak with a customer service representative. e . Depending on the result of each inquiry, a P -Card holder may want to discuss the issue further with the supervisor, who is empowered to advise the P -Card Administrator to modify the restrictions on the employee's use of the P -Card. NOTE: All requests for changes in limitations and restrictions must be made through the P -Card Administrator. 5J. Lost or stolen cards. Each P -Card holder is responsible for the security of his or her P -card and any purchases made on the account. Any lost or stolen P -card must be reported IMMEDIATELY to the issuing Bank and the P -Card administrator. PAGE 12 2013-3178 ORD2013-12 a. Immediately after reporting to customer service at the issuing Bank, a P -Card holder must inform the P -Card Administrator. It is extremely important to act promptly in the event of a lost or stolen P -card to avoid company liability for fraudulent transactions. b - No change C. Authorized purchases. The P -Card Program is intended for maintenance, repair, operation and other low -value purchases needed during the course of business. These purchases may include, but are not limited to, the following: 1 through 3 - No change 4. Travel related expenses. 5 - No change 6. Training registrations. D. Unauthorized purchases and vendors. The P -Card should not be used for the following items: 1. Items for personal use. 2. Any single transaction exceeding one thousand five hundred dollars ($1,500.00). 32. Cash withdrawals. 43. Direct marketing. 54 -.As with any County purchase, the P -card is not to be used for any product, service or merchant considered to be inappropriate for County funds. Failure to comply with the above guidelines for authorized purchases under the P -Card Program may result in disciplinary action, cancellation of card privileges and possible termination of employment. E. Reconcilement and payment. Unlike personal credit cards, the P -Card Program is handled as a County liability. The P -Card holder's personal credit history has not been taken into account when a P -card has been issued. 1 - No change 2. It is the responsibility of the P -Card holder, immediately upon receipt of an e-mail from the P -Card Expense Reporting system, to sign on and reconcile the statement on-line. PAGE 13 2013-3178 ORD2013-12 a. A ciec-c mar -c siou c be p acec in eaci "Receipt Attached" box P Carc 10 cer is submitting a receipt for eaci purciase anc to verify t coding is correct. -o indicate the iat a expense b. When everything is in order, select the "Review CompleteL" button at the bottom of the screen. Ga. Present all receipts in the receipts envelope to the individual responsible for approval, who will electronically review the statement, review receipts and forward to the Accounting Department for final review interface into the finance system, and filing. NOTE: Use one (1) receipt envelope per P -Card holder. Please do not mix P -Card holder receipts. 3. The individual responsible for approval of the statement shall review and approve all documents in the P -Card Expense Reporting system.There is an allotted number of Gays to review, mace any necessary cocing cianges anc sign off = on eaci statement. After t le a ottec time expires, tie statement is forwarcec to tie indivicua responsib e for approva of tie P Care, wio receives a copy of eaci statement e ectronica y anc -las an aceitiona precetermined amount o= time to review anc approve it. After time expires, eaci statement wi be automatica y sent to tie Program Acministrator for cown oacing of expenses. 4 - No change F - No change G. Disputed or fraudulent charges. If there is a discrepancy on the statement, it is imperative that the issue is addressed immediately. Depending on the type of discrepancy, the P -Card holder must contact either the merchant or the Program AdministratorBank to resolve the disputed transaction. 1 - No change 2. If the merchant disagrees that an adjustment is necessary, immediately contact the Bank. Program Acministrator, wio wi work witi We s cargo Ban< -o resove tie dispute. Wells Fargo The Bank will request complete details of the dispute in writing in order to research the item in question. The details of the disputed transaction should be reported on Weld County letterhead, on the Wells Fargo Bank Dispute Form available in the Accounting Department or on the dispute screen available on line. 3. Wells FargoThe Bank must receive any charge dispute within sixty (60) days of the transaction date. While resolution is pending, Wells Fargothe Bank will credit the County's account for the amount of the disputed transaction. a. Although Wells Fargothe Bank acts as the arbitrator in any dispute, a P -Card holder should never assume that a dispute will be resolved in his or her favor. 4 - No change PAGE 14 2013-3178 ORD2013-12 5. Any fraudulent charge, i.e., a charge appearing which was not authorized by the employeecard holder, must be reported immediately to the P Card AdministratorBank. Prompt reporting of any such charge will help to protect the County from liability. A Declaration of Forgery or Unauthorized Use Form is available in the Accounting Department to facilitate notification of any such transactions. H. Sales and use tax. Merchants are required by tax authorities to include the applicable sales or use tax at the time of purchase, unless the entity, such as the County, is exempt. All purchases for the County are tax exempt and SALES TAX SHOULD NOT BE PAID. A P -card with the County's tax exempt ID number will be given to each P -Card holder with a P -Gerd. If a Weld County P -card is used and the tax exempt ID number is provided, the merchant should not charge sales tax. Note: This is an exemption from Colorado sales tax. Online or out of state vendors may not honor this exemption. 1 - No change 2. Questions regarding this policy and any other questions concerning tax issues should be addressed to the ControllerP Card Administrator. Add APPENDIX 5-P - ATTACHED Add APPENDIX 5-Q - ATTACHED Add APPENDIX 5-R - ATTACHED Add APPENDIX 5-S - ATTACHED BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections. subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 15 2013-3178 ORD2013-12 The above and foregoing Ordinance Number 2013-12 was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer First Reading: Publication: November 13, 2013 November 22, 2013, in the Greeley Tribune Second Reading: December 2, 2013 Publication: December 11, 2013, in the Greeley Tribune Final Reading: December 23, 2013 Publication: January 2, 2014, in the Greeley Tribune Effective: January 7, 2014 PAGE 16 2013-3178 ORD2013-12 Appendix 5-P Weld County Qualification -Based Selection Process Advertise Request for Qualifications (RFQ) 1 Review & Evaluate RFQs (use Appendix 5-Q: Request for Qualification Scoring Form) 4 Short List (3-5 Consulting Firms) 1 Is QBS Required by State or Federal Requirements? YES: Quality Based NO: Best Value Selection 1. Request QBS Request for Proposals (RFPs) 2. Hold Pre -proposal Mandatory Meeting 3. Review RFPs/Schedule Interviews (use Appendix 5-S: QBS Scoring Form to score RFPs and interviews) 4. Conduct Interviews (all selected firms) 5. Select Highest Ranked Consultant 6. Finalize Final Scope of Work & Negotiate Fees. Was negotiation successful? YES: Award Contract NO: Go to next highest ranked firm. Repeat step 6 until negotiations with next highest ranked firm are successful. 1. Request Best Value Request for Proposals (RFPs) 2. Hold Pre -proposal Mandatory Meeting 3. Review RFPs (use Appendix 5-R: interviews) Best Value Scoring Form to score RFPs and 4. Interview Low Bidder (optional) to confirm low bid meet specifications? YES: Award Contract (contract awarded to lowest bid that meets all specifications) PAGE 17 NO: Interview next low bid until low bid that meets specifications is identified. 2013-3178 ORD2013-12 Appendix 5-Q REQUEST FOR QUALIFICATIONS (RFQ) SCORING FORM FIRM NAME: DATE: The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Evaluation Criteria Standard Scoring Weight Factors Adjusted Scoring Project Team Qualifications. years of relevant experience, and proven abilities of key team personnel. Experience on similar projects as a working team 5 0 25 5 Overall Firm Capabilities Firm's size in relation to the project size, organizational structure. production facilities, and assets. Capabilities of sub consultants which will be a part of the project team. 5 0 25 5 Perfomance on Similar Projects Demonstrated ability to produce successful results, meet projects schedules. meet project budgets, and fulfill project goals on similar projects. 4 0 20 5 Work Location/Familiarity Project team's work location relative to the project site location. Key team members familiarity with Weld County and the goals of the Department. 3.0 15 5 Project Approach The firm has described a logical approach towards ensuring a successful completion of the project. The firm has demonstrated a clear understanding of the project. 3.0 15 5 Total 100 The lowest possible score is 20, the best score possible is 100. Scorer Comments: Scored By: 2013-3178 Appendix 5-R REQUEST FOR PROPOSALS (BEST -VALUE) SCORING FORM FIRM NAME: DATE: The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. RFP REVIEW SCORING: Evaluation Criteria Standard Scoring Weight Factors Adjusted Scoring Scope of Proposal The propoal clearly shows an understanding of the project objectives, methodologyto be used, and final results that are desired by the Department 5 0 25 5 Critical Issues The proposal demonstrates the firm clearly understands the major issues associated with the project. and offers realistic solutions to those issues. 5.0 25 5 Project Control The firm has described their methods of controlling their design and construction cost The firm has demonstrated an ability to insure State or Federal procedures are used where appropriate Does the firm have a Quality Control process in - place to manage the quality of their product. 4 0 20 5 Work Location/Familiarity Project team's work location relative to the project site location. Key team members familiarity with Weld County and the goals of the Department 4 0 20 75 5 Cost and Work Hours Is the cost work hours and tasks presented reasonable and consistent with the project goals? The lowest cost that includes all tasks necessary to successfully complete the project scores the highest 15.0 5 RFP REVIEW SCORE: 165 INTERVIEW REVIEW: Evaluation Criteria Standard Work Approach The firm proposed and clearly described their approach towards completing the work. The consultant offered innovative ideas for this project Project Manager Qualifications The firm's Project Manager has adequate qualifications and a proven track record The Project Manager demonstrates effective communication skills Quality of Presentation The interview presentation was clear and easy to understand The people being interviewed demonstrated effective communication skills and audio-visual aids were effective Questions/Answers Session The firm was able to provide good answers to the questions asked by the selection committee. Answers given demonstrated clear understanding of the project and goals All Evaluation Criteria Must be Met Scorer Comments on back. Scored By Appendix 5-S REQUEST FOR PROPOSALS (QUALIFICATION BASED SELECTION PROJECTS) SCORING FORM FIRM NAME: DATE: The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. RFP REVIEW SCORING: Evaluation Criteria Standard Scoring Weight Factors Adjusted Scoring Scope of Proposal The propoal clearly shows an understanding of the project objectives, methodologyto be used, and final results that are desired by the Department. 5.0 25 Critical Issues The proposal demonstrates the firm clearly understands the major issues associated with the project, and offers realistic solutions to those issues. 5.0 25 Project Control The firm has described their methods of controlling their design and construction cost. The firm has demonstrated an ability to insure State or Federal procedures are used where appropriate. Does the firm have a Quality Control process in- place to manage the quality of their product. 4.0 20 ..--7 Work Location/Familiarity Project team's work location relative to the project site location. Key team members familiarity with Weld County and the goals of the Department. 4 0 20 5 UDBE Goal The firm has provided documentation which supports their ability to meet the UDBE goal for this project. The designated UDBE subconsultant(s) have proven abilities. 2 0 10 5 RFP REVIEW SCORE: 100 INTERVIEW REVIEW SCORING: Evaluation Criteria Standard Scoring Weight Factors Adjusted Scoring Work Approach 20 The firm proposed and clearly described their approach towards completing the work. The consultant offered innovative ideas for this project. 5 4 0 Project Manager Qualifications The firm's Project Manager has adequate qualifications and a proven track record. The Project Manager demonstrates effective communication skills. 4 0 2.0 5 Quality of Presentation 4 0 20 The interview presentation was clear and easy to understand The people being interviewed demonstrated effective communication skills and audio-visual aids were effective. 5 Questions/Answers Session The firm was able to provide good answers to the questions asked by the selection committee. Answers given demonstrated clear understanding of the project and goals. 8 0 40 5 INTERVIEW REVIEW SCORE: 100 TOTAL RFP + INTERVIEW SCORES: 200 Scorer Comments on Back: Scored By Hello