HomeMy WebLinkAbout20052602.tiff WELD COUNTY
CODE ORDINANCE 2005-12
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5
REVENUE AND FINANCE,AND CHAPTER 6 LAW ENFORCEMENT, 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 Chapter 5 Revenue and Finance, and Chapter 6 Law
Enforcement, of the Weld County Code be, and hereby are, revised to read as follows:
CHAPTER 5 REVENUE AND FINANCE
Add Section 5-4-180, Purchasing Card (P-Card) Program, to read as follows:
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. Purpose. The purpose of the P-Card Program is to streamline and simplify the
purchasing and payment process for County transactions. The goal of the program
is as follows:
1. To simplify the reimbursement process.
2. To eliminate the time consuming bank record process.
3. To reduce/eliminate out-of-pocket expenses.
4. To provide cardholders with empowerment to choose.
B. General Guidelines.
1. Card Issuance. Each cardholder will be required to complete a cardholder
agreement. By signing the agreement,the cardholder has agreed to adhere
to the guidelines established in this Section. A sample of the Cardholder
Agreement is available in the Accounting Department.
2005-2602
PAGE 1 ORD2005-12
a. Each cardholder is the only person entitled to use a card, and the
card is not to be used for personal use.
b. Since each P-Card is linked to a specific area number and individual
cardholder, the card cannot be transferred from one cardholder to
another.
c. Upon receipt of the P-Card,the cardholder must activate the account
by calling the toll-free number printed on the card. For verification
purposes, the cardholder will be asked to provide the last five digits
of his/her Social Security Number.
1) Although the card is issued in the cardholder's name,his/her
personal credit history will not affect the ability to obtain a
card.
d. The County is responsible for payment of all purchases.
2. Account Maintenance. To change any information regarding an account,
such as e-mail address or expense accounting code, an cardholder must
complete an Account Maintenance Form,which is available in the Accounting
Department.
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. When using the P-Card,inform the merchants not to send an invoice
to Accounts Payable since this may result in a duplicate payment.
b. For phone, fax and mail orders, the merchant should send a
receipt/packing list only. The receipt/packing list should indicate paid
by credit card,with the cardholder's name listed in the"ship to"field.
The receipt/packing list should be sent to Accounting.
4. Limitations and Restrictions. Supervisors have assigned a credit limit to
each cardholder's card.
a. There may also be a single transaction limit placed on each card,
which means the card will be declined if any attempt is made to
purchase more than the single transaction limit amount. Purchases
should not be split to avoid the single transaction limit. An increase
of the single transaction limit must be approved by the supervisor.
b. Every cardholder has a total monthly dollar limit assigned to his/her
account. Limitations vary by cardholder, therefore, the limit should
be discussed with an cardholder's supervisor. An increase in the
monthly limit must be approved by the supervisor.
2005-2602
PAGE 2 ORD2005-12
c. 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 card at said merchant,the purchase will
be declined. The County has made an effort to ensure that the
vendors/suppliers used during the normal course of business are not
restricted. If a card is refused at a merchant which is believed to be
appropriate, contact the Wells Fargo Bank Purchasing Card
Customer Service at 1-800-932-0036 to determine the reason for
refusal.
d. 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/Stolen Card.
3) Speak with a Customer Service Representative.
e. Depending on the result of each inquiry, an cardholder 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. Wells Fargo Bank
will change existing cardholder restrictions only after a written
request is received from the P-Card Administrator.
5. Lost or Stolen Cards. Each cardholder is responsible for the security of
his/her card and any purchases made on the account. Any lost or stolen
card must be reported IMMEDIATELY to Wells Fargo Bank Customer
Service at 1-800-932-0036.
a. Immediately after reporting to Customer Service,an cardholder must
inform the P-Card Administrator. It is extremely important to act
promptly in the eventofa lost or stolen card to avoid company liability
for fraudulent transactions.
b. As with a personal charge card,the cardholder will no longer be able
to use the account number after notifying the bank of a lost or stolen
card. A new card will be issued within 48 hours of notice to Wells
Fargo Bank.
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. Office supplies and forms.
2. Books and subscriptions.
2005-2602
PAGE 3 ORD2005-12
3. Computer supplies, e.g., diskettes.
4. Travel.
5. Miscellaneous items.
D. Unauthorized PurchasesNendors. The P-Card should not be used for the following
items.
1. Items for personal use.
2. Any single transaction exceeding $500.
3. Cash withdrawals.
4. Direct marketing.
5. As with any County purchase, the card is not to be used for any product,
service or merchant considered to be inappropriate for County funds.
6. 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 cardholder's personal credit history has not been
taken into account when a card has been issued.
1. The Accounting Department is responsible for paying the invoice each
month,and the cardholder is not responsible for direct payment under his/her
account.
2. It is the responsibility of the cardholder,immediately upon receipt of an e-mail
from the P-Card Expense Reporting system, to sign on and reconcile the
statement on-line.
a. A check mark should be placed in each "Receipt Attached" box, to
indicate the cardholder is submitting a receipt for each purchase and
to verify that all expense coding is correct.
b. When everything is in order,select the'Review Complete' button at
the bottom of the screen.
c. 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 and filing.
NOTE: Use one receipt envelope per cardholder. Please do not mix
cardholder receipts.
2005-2602
PAGE 4 ORD2005-12
3. There is an allotted number of days to review, make any necessary coding
changes,and'sign off'on each statement. After time expires,the statement
is forwarded to the individual responsible for approval of the P-Card, who
receives a copy of each statement electronically, and has an additional
predetermined amount of time to review and approve it. After time expires,
each statement will be automatically sent to the Program Administrator for
downloading of expenses.
a. The P-Card balance is replenished once per month.
F. Receipt Retention. All receipts for goods and services purchased must be kept. For
orders placed via phone, fax or mail, a receipt must be requested, detailing
merchandise price, freight, etcetera, and be included with the goods mailed or
shipped.
1. A cardholder should request a fax of the receipt, prior to the goods being
shipped, to ensure a receipt is available for statement reconciliation.
NOTE: A merchant should not reject this request, since it is a Visa policy.
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 cardholder must contact either the merchant or the Program
Administrator to resolve the disputed transaction.
1. If the merchant has charged incorrectly,or there is an outstanding quality or
service issue, the cardholder must first contact the merchant and try to
resolve the error or problem. If able to do so and the error resulted in an
overcharge,a credit adjustment from the merchant should be requested,and
will appear on the next statement.
2. If the merchant disagrees that an adjustment is necessary, immediately
contact the Program Administrator,who will work with Wells Fargo to resolve
the dispute. Wells Fargo 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 or on the
Wells Fargo Bank Dispute Form,available in the Accounting Department,or
on the dispute screen available on-line.
3. Wells Fargo Bank must receive any charge dispute within sixty(60)days of
the transaction date. While resolution is spending, Wells Fargo Bank will
credit the County's account for the amount of the disputed transaction.
a. Although Wells Fargo Bank acts as the arbitrator in any dispute, an
cardholder should never assume that a dispute will be resolved in
his/her favor.
4. If the dispute is not resolved satisfactorily, and an cardholder believes the
merchant has unfairly treated him/her,the P-Card Administrator should be
notified with the relevant details. Further action may be taken, as deemed
appropriate.
2005-2602
PAGE 5 ORD2005-12
5. Any fraudulent charge,i.e.,a charge appearing which was not authorized by
the employee, must be reported immediately to the P-Card Administrator.
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 Weld
County is exempt. All purchases for Weld 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 cardholder with a P-card. If a Weld County P-card is used and the tax
exempt ID number is provided, the merchant should not charge sales tax.
1. If the cardholder makes a purchase and sales tax is charged (except on
meals) the cardholder will be responsible for payment of the sales tax or
getting a refund from the merchant. The County will NOT pay any sales tax.
2. Questions regarding this policy and any other questions concerning tax
issues should be addressed to the Controller.
CHAPTER 6 LAW ENFORCEMENT
Add Section 6-1-40.K to read as follows:
Sec. 6-1-40. Procedures and Penalties.
Sections 1709 and 1710 of the Model Traffic Code are modified, as follows:
Sections A through J, no change.
K. Any offender who can prove he or she was wearing a seatbelt at the time of
infraction may receive a Five Dollar($5.00)reduction in fine or penalty assessment.
Revise Appendix 6-A, page 6-10, line 8 under Subcategory"Speed"to correct a typo. It currently
reads"Speeding(20-39 MPH Over Prima Fade Limit/Over Maximum 75 MPH Limit). It should read
"Speeding (20-29 MPH Over Prima Facie Limit/Over Maximum 75 MPH Limit).
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
sub sections as they currently existwithin said Code;and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections 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.
2005-2602
PAGE 6 ORD2005-12
The above and foregoing Ordinance Number 2005-12 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
First Reading: September 7, 2005
Publication: September 14, 2005, in the Fort Lupton Press
Second Reading: •
SSeptember 26, 2005
Publication: October 5, 2005, in the Fort Lupton Press
Final Reading: October 17, 2005
Publication: October 26, 2005, in the Fort Lupton Press
Effective: October31, 2005
2005-2602
PAGE 7 ORD2005-12
Hello