HomeMy WebLinkAbout20133311.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-12 was introduced
on first reading on November 13, 2013, and a public hearing and second reading was held on
December 2, 2013. A public hearing and final reading was completed on December 23, 2013,
with no change being made to the text of said Ordinance ', and on motion duly made and
seconded, was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2013-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 7, 2014
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 30, 2013
PUBLISHED: January 2, 2014, in the Greeley Tribune
c?O/3-33I)
Affidavit of Publication
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant tithe Weld County Home Rule Charter, Ordinance
Number 201312 was introduced on first reading on November
13, 2013, and a public hearing and second reading was held on
December 2, 2013. A public hearing and final reading was com-
pleted on December 23, 2013, with no change being made to the
text of said Ordinance', end on motion duly made and second-
ed was adopted. Effective date of said Ordinance is listed be-
low. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this
matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Admin-
istration Building, 1150 0 Street, Greeley, Colorado, between the
hours of 8:00 a.m. end 5:00 p.m., Mondaythru Friday, or may be
accessed through the Weld County Web Page
iwww.co.weld.co.us). E -Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file. please
send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2013-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE
ANb FINANCE, OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 7, 2014
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 30, 2013
The Tribune
January 2, 2014
SFAIL . OF COLORADO
County of Weld,
I Uesirea Larson
55.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Second day of January A.D. 2014 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Second day of January A.D. 2014 that said
The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
January 2. 2014
Total Charges: $7.25
2nd day ofJ. uali'r014
My Commission xpires 6/14/2017
Notary Public
1 ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14, 2017
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2013-12 was introduced
on first reading on November 13, 2013, and a public hearing and second reading was held on
December 2, 2013, with changes being made as listed below. A public hearing and third
reading is scheduled to be held in the Chambers of the Board, located within the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631, on December 23, 2013. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2013-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 23, 2013, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 6, 2013
PUBLISHED: December 11, 2013, in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE #2013-12 ON SECOND READING
Amend Sec. 5-4-50. Quotations and informal bids, to read as follows:
A. Purchases 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
o7t/3-33//
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 electronic quotations.
Remainder of section - No change
Amend Sec. 5-4-60. Cooperative purchasing, to read as follows:
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.
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 government
procurement processes where those processes meet, or exceed, those described in this Code.
Amend Sec. 5-4-100. Contracts for professional services or independent contractors, to
read as follows:
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 the Chair of the Board.
5 - No change
C. Procedure for payment.
1. The Department making the payment should enter the data for payment into the
Accounting System.
Remainder of Section - No change
Affidavit of Publication
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
, Number 2013-12 was introduced on first reading on November
13, 2013, and a public hearing and second reading was held on
December 2/2013, with changes being made as listed below. A
public hearing and third reading is scheduled to be held in the '
Chambers of the Board, located within the Weld County Admin-
istration Building, 1150O Street, Greeley, Colorado 80631, on
December23, 2013. All persons in any manner interested in the
next reading of said Ordinance are requested to attend and may
be heard. Please contact the Clerk to the Board's Office at
phone (970) 336-7215, Extension 4225, or fax (970) 352 0242,
prior to the day of the hearing if, as a.result of a disability, you
require reasonable accommodations in order to participate in this
hearing. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this
matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Admin-
istratlon Building, 1150Street, Greeley, Colorado, between the
hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page
(www.co.weld.co.us). E -Mail messages sent to en individual
Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please
send a copy to egesick@co.weld.eo.us.
ORDINANCE NO. 2013-12
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE
AND FINANCE, OF THE WELD COUNTY CODE
DATE OF NEXT READING:. December 23, 2013, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 6, 2013
PUBLISHED: December 11, 2013, in the Greeley Tribune
CHANGES MADE. TO CODE ORDINANCE #2013-12 ON
SECOND READING
Amend Sec. 5-4-5D.Ouotations and informal bids, to read as
follows
A.Purcheses 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.Ouotations on standard quotation forms.
2.Telephone or electronic quotations.
Remainder of section - No change
Amend Sec. 5-4-60. Cooperative purchasing, to read as follows:
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.
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 government procurement processes
where those processes meet, or exceed, those described in this
Code.
Amend Sec. 5-4-100. Contracts for professional services or ,
independent contractors, to read as follows:
A - No change
B.Selection process:
1 through 3 - No change
4.Contracts under fifty thousand dollars (850,000.00) 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 the Chair of
the Board.
5 - No change
C.Procedure for payment.
1.The Department making the payment should enter the data for
payment into the Accounting System.
Remainder of Section - No change
The Tribune
December 11, 2013
STATE OF COLORADO
County of Weld,
I Desirea Larson
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Eleventh day of December A.D. 2013 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Eleventh day of December A.D. 2013 that
said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
December 11, 2013
Total Charges: $22.88
11th day ofDece
My Commission Expires 6/14/2017
44)1-,e/A
Notary Public
a.,ar✓�a.-a
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014010494
Y COMMISSION EXPIRES JUNE 14, 2017
WELD 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 29-1-103, 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 29-1-113, 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 therefore in the budget adopted by the governing body.
B. Section 29-1-110, C.R.S., provides that during 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.
2013-3311
C. Section 29-1-115, C.R.S., provides that any member of the governing body of any local
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 judgment 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 General 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. 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 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. Invitations to bid shall be sent to all appropriate vendors 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, 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.
Amend Sec. 5-4-50. Quotations and informal bids.
A. Purchases 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. Recent competitive bid prices which may be used to avoid duplication of effort.
4. Sole source items, if for practical purposes, the item is obtainable from only one (1)
source, as determined by the Director of General Services.
5. Items under one thousand five hundred dollars ($1,500.00) may be acquired from a
vendor without quotes in order to expedite the procurement of small purchases.
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 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.
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 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
Amend 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 pathologists.
E through M - No change
N. Library books, subscriptions, and publications. Publications, books, magazines or
published materials.
O and P - No change
Q. Computer support. Computer hardware, software, maintenance and supplies when
determined by the Director of General Services not to be competitive resources compatible
to the County's computer environment.
R through T - No change
U. Photo reproduction.
V - No change
W. Waived items. The Director of General Services may waive the requirement for
requisition and purchase order when warranted by circumstances.
X. Equipment rental. The Director of 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 subject 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 scanned and saved by the Department of
Accounting. Once the invoice is scanned, the originating Department will process the payment.
B. Appropriate on-line approvals for the 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 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 the Chair of the Board.
5 - No change
C. Procedure for payment.
1. The Department making the payment should enter the data for payment into the
Accounting System, being sure to note the contract number as the Purchase Order
number.
2. After approvals, the warrant will be printed and mailed to the contractor.
D. Modifications to contracts. Every contract change order, term modification, or price
adjustment (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
adjustments (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. Applicability.
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 Qualifications ("RFQ") 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 project 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 precludes 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
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 RFP, and shall rank each proposal according to the
criteria provided in Appendix 5-S.
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.
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 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.
D. 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. No
QBS-negotiated contract shall be approved except through this process.
Amend Sec. 5-4-120. General information.
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
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 General 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 General Services is
authorized to negotiate a purchase on behalf of the County.
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 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 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
General Services may negotiate a sale. Final negotiated sale must be approved by the Board
of County Commissioners.
Amend Sec. 5-4-170. Emergency 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.
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.
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 card is not
to be used for personal use.
b through d - No change
3. Account maintenance. To change any information regarding an account, such as
e-mail address or expense accounting code, a P -Card holder must contact the P -Card
Administrator and complete appropriate documentation.
4. 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
5. Limitations and restrictions. 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. Single transaction and monthly dollar limits are placed on each P -Card.
Purchases should not be split to avoid the single transaction limit.
b. 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 -Card 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 P -Card Administrator in the Accounting
Department.
c. 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.
d. 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.
6. 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.
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. Cash withdrawals.
3. Direct marketing.
4. 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.
a. 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.
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 Bank to resolve the disputed
transaction.
1 - No change
2. If the merchant disagrees that an adjustment is necessary, immediately contact
the Bank. 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 Bank Dispute Form available in the
Accounting Department or on the dispute screen available on line.
3. The Bank must receive any charge dispute within sixty (60) days of the
transaction date. While resolution is pending, the Bank will credit the County's account
for the amount of the disputed transaction.
a. Although the 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
5. Any fraudulent charge, i.e., a charge appearing which was not authorized by the
card holder, must be reported immediately to the Bank. 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 card with the County's tax exempt ID number will be given to each P -Card holder.
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 P -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.
*
*
*
*
*
NOTICE
*
*
*
*
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2013-12 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
November 13, 2013. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, on December 2, 2013. All persons in any manner interested in the
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located within the Weld County Administration Building, 1150 O
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: December 2, 2013, at 9:00 a.m.
THIRD READING: December 23, 2013, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 19, 2013
PUBLISHED: November 22, 2013, in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Desirca Larson
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
ss.
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty-second day of November A.D. 2013
and the last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty-second day of November A.D. 2013
that said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
November 22.2013
Total Charges: $185.00
ux 6t�Cll,p'U�
22nd day of No
2013
My Commission Expires 6/14/2017
Notary Puhlic
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018494
MY COMMISSION EXPIRES JUNE 14, 2017
WELD COUNTY
CODE ORDINANCE 201}12
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