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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632   |    Phone: (970) 400-4225   |    Fax: (970) 336-7233   |    Email: egesick@weld.gov   |    Official: Esther Gesick - Clerk to the Board
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HomeMy WebLinkAbout20230523.tiffSec. 2-1-110. Authorizations. A. The Chair of the Board of County Commissioners is authorized and directed to sign all legal papers on behalf of the Board of County Commissioners, or documents wherein the statutes require only the signature of the Chair of the Board, attested by the Clerk to the Board. The Clerk to the Board shall be the custodian of the Weld County Seal and affix said seal to documents as required. B The Clerk to the Board and the Chair of the Board of County Commissioners are designated as persons authorized to sign all County warrants. C. The Chair of the Board of County Commissioners has standing authority and is authorized and directed to sign personal service the contracts under ten thousand dollars ($10,000.00), as -well- as all equipment maintenance, equipment lease, computer equipment and software purchase agreements listed in Sec. 2-1- 120 A., below, and any standard letter of assignment/consent. D The Board of County Commissioners authorized, by resolution dated December 19, 1984, the Director of Finance and Administration to prepare routine payroll warrants for the actual hours worked; and authorized the Clerk to the Board to sign and release said warrants, with the understanding that the routine warrants will be presented at the next formal Board meeting for approval by the Board of County Commissioners. The Board of County Commissioners directed that any controversial or unusual items for payment be delayed in processing until formal action by the Board. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-6) Sec. 2-1-120. Delegation of authority. Pursuant to Section 30-11-107(1)(aa), C.R.S., the Board of County Commissioners establishes policies and procedures regarding entering into contracts binding on the County and the delegation of its powers to enter into such contracts pursuant to such policies and procedures: A. The Chair of the Board is delegated the authority to sign certain personal service contracts and maintenance agreements, when approved as to form by the County Attorney's Office, as follows: 1. All personal service contracts r personal service contracts -under twenty fivefifty thousand dollars ($2550,000.00). 2 All change orders to contracts for construction projects of up to five percent (5%) of the original contract amount, not to exceed twenty fivefifty thousand dollars ($2550,000.00), as provided in Section 5-4-140.D. 3 All contracts on behalf of the County for all equipment maintenance contracts under twenty- fivefifty thousand dollars ($2550,000.00). 4. All related contracts and license agreements for computer hardware and software operating in the County and twenty fivefifty thousand dollars ($ -50,000.00). 5. All computer -related agreements and documents to acquire and maintain computer systems under twenty fivefifty thousand dollars (52550,000.00). B The Chair of the Board is delegated authority to sign certain agreements with municipalities in Weld County for road and street design, construction and/or maintenance within the jurisdictional boundaries of the municipalities, up to the amount of twenty fivefifty thousand dollars ($2550,000.00), whereby the municipality will reimburse Weld County for the entire cost of such work upon completion of the project. Created: 2023-02-14 11:24:44 [EST] (Supp. No. 80) Page 1 of 2 2023-0523 C. The Chair of the Board is delegated authority to sign any standard letter of assignment/consent. D The Chair of the Board is delegated authority to approve and sign all oil and gas division orders, Small Tract Leases and authorizations to receive oil or gas payment, after review by the County Attorney's office for correctness of ownership interest, form and legal description. E. Delegation of authority to Sheriff. 1. The Sheriff is delegated the authority to enter into agreements that are binding upon the County for personal services related to criminal investigations. 2 The Sheriff is delegated the authority to enter into those law enforcement special duty agreements which are estimated to require seventy-two (72) or fewer hours of Sheriff deputies' time. The Board of County Commissioners retains the authority to enter into all law enforcement special duty agreements which are estimated to require more than seventy-two (72) hours of Sheriff deputies' time. F As stated at Section 2-4-60, the Board of County Commissioners authorized the Assessor to review petitions for abatement or refund and to settle, by written mutual agreement, any such petition for abatement or refund of taxes in an amount of one thousand dollars ($1,000.00) or less per tract, parcel or lot of land, or per schedule of personal property. The Board of County Commissioners will consider any petition under one thousand dollars ($1,000.00) where agreement was not reached between the Assessor and the taxpayer. G The Chair of the Board is delegated the authority to approve modifications under twenty-fivefifty thousand dollars ($2550,000.00) or five percent (5%) (cumulative) to contracts for construction projects, as provided in Section 5-4-140.D. H The Department Heads and Elected Officials are delegated the authority to approve invoices for goods or services under twenty fivefifty thousand dollars ($2-550,000.00), as provided in Section 5-4-60. The Director of the Department of Public Health and Environment is delegated the authority to order the isolation and/or quarantine, including specified monitoring conditions, of any person if, in his or her professional medical opinion, the Director believes necessary for the protection of public health, as permitted by Section 25-1-506, C.R.S. Created: 2023-02-14 11:24:44 [EST] (Supp. No. 80) Page 2 of 2 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Hi Bruce, Ryan and Cheryl P., Esther Gesick Tuesday, February 14, 2023 5:03 PM Bruce Barker; Cheryl Pattelli; Ryan Rose Christie Peters; Chris D'Ovidio; Cheryl Hoffman; Esther Gesick RE: ARTICLE_IV Purchasing_Policy_prosed Jan 2023.v2 Sec._2_1 _110. Authorizations. (1).docx; Ord23-04.1 st.docx Please review the attached Chapter 2 edits. The whole section needs cleaned up, but these particular changes are drafted to try and serve as interim edits for the Consent Agenda section, to maintain consistency with the pending Chapter 5 Purchasing edits. I've copied Ryan because I wasn't sure about the computer hardware/software amounts in Sec. 2-1-120.A.4 & 5. Lastly, I highlighted 2-1-110.C and 2-1-120.A.1 because they contradict each other and I'm not sure which direction they are supposed to go. This is just a draft and I'm open to any edits so Cheryl Hoffman can get them added to Ordinance #2023-04 in time to read them all to audio on Thursday, in time for next Wednesday's Agenda. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, February 7, 2023 4:04 PM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Cheryl Pattelli <cpattelli@weld.gov>; Christie Peters <cmpeters@weld.gov>; Chris D'Ovidio <cdovidio@weld.gov>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: FW: ARTICLE_IV Purchasing_Policy_prosed Jan 2023.v2 Hi Cheryl, Please Docket and slate dates for the attached changes. There will also be a change to Sec. 2-12-160.C.2 to increase the tipping from fifteen (15) to twenty (20) percent, as reflected in the printed markup Chris provided earlier in the year. 1 Lastly, I spoke with Bruce and I will also be making similar edits to Chapter 2 in the Consent/Contracts sections to also match the edits that Purchasing presented to the Board today. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Pattelli <cpattelli@weld.gov> Sent: Tuesday, February 7, 2023 2:23 PM To: Esther Gesick <egesick@weldgov.com> Cc: Christie Peters <cmpeters@weld.gov>; Ryan Rose <rrose@weld.gov> Subject: ARTICLE_IV Purchasing_Policy Jan 2023.v2 Here is the purchasing section with the 2 changes agreed to at the BOCC Work session today. Can you review to make sure you agree with the changes I made? Thanks Move informal threshold to $10K and formal threshold to $50K Include firearms and less lethal devices under exempt purchases (I included in the section with ammunition as the reasoning for excluding is the same) 2 Sec. 2-12-160. Travel, lodging, meals, rental cars. It is the policy of Weld County to reimburse staff for reasonable and necessary expenses incurred in connection with approved travel on behalf of Weld County. Travelers seeking reimbursement should incur the lowest reasonable travel expenses and exercise care to avoid impropriety or the appearance of impropriety. If a circumstance arises that is not specifically covered in this travel policy, then the most conservative course of action should be taken. A. Permissible prepaid travel expenses. Before the travel, Weld County may issue prepayments for airfare, conference registration fees and cash advances. If an employee receives a cash advance they must complete the personal expense claim to settle up the advance within fourteen -day of their return. Normal procurement and payment policies will apply. B Lodging (commercial). The cost of overnight lodging may be reimbursed to the traveler if the authorized travel is over forty-five (45) miles from the traveler's home or primary worksite, whichever is closer to the hotel. Weld County will reimburse lodging expenses at reasonable, single occupancy or standard business/government room rates. When the hotel or motel is the conference or convention site, reimbursement will be limited to the conference rate. Reimbursement for lodging is for commercial lodging only. C. Meals and incidentals (conference/training). The Weld County Home Rule Charter says that employees will be reimbursed for actual expenses incurred while on County business. This includes, but is not limited to, the cost of meals and incidentals incurred while attending conferences and training according to the following rules: 1. Cost of the meal is to be reasonable. 2. Tipping is reimbursed at no more than fifteen (15) twenty "20) percent, unless it is automatically added for a large group at a higher amount. 3 Itemized receipts are required (digital image is acceptable). If an itemized receipt is not turned in, no reimbursement will be allowed. 4 If meals are provided as part of the conference or built into the standard hotel room cost, reimbursement will not be allowed. 5. Copy of the conference or meeting agenda (meeting schedule) must be included with the reimbursement request. 6. Personal entertainment expenses, including in-flight movies, headsets, health club facilities, hotel pay per -view movies, in -theater movies, social activities and related incidental costs are not reimbursable. 7. Cost of "snacks" other than a meal will not be allowed. 8. No reimbursement for alcohol. 9. If receipt is for multiple people, names of those who have items being paid for must be included on the receipt. D. Meals (Single day travel). The Weld County Home Rule Charter says that employees will be reimbursed for actual expenses incurred while on county business. This includes, but is not limited to, the cost of meals and incidentals incurred during single day travel according to the following rules: 1. Single day travel may be reimbursed if the employee is conducting county business during the meal. Names of people need to be listed on the receipt. Created: 2022-08-02 18:29:39 [EST] (Supp. No. 78) Page 1 of 2 2 Tipping is reimbursed at no more than fifteen (15) percent, unless it is automatically added for a large group at a higher amount 3 Itemized receipt must be turned in (digital image is acceptable) 4 State on the receipt the business purpose of the meal 5 If training course, provide copy of agenda If meal is provided no reimbursement will be made E For air travel, the cost of coach/economy airfare and one piece of luggage will be reimbursed Cost or charge for seat assignment or early check -in fee will not be reimbursed F Accounting for savings by early arrival and/or late departure If an officer or employee chooses to arrive early for a conference or meeting to take advantage of reduced airfare, the officer or employee must reconcile the standard economy airfare with the reduced airfare, the additional hotel and meal expenses, and any other expenses that were incurred because of early arrival This reconciliation is to be submitted with the expense report If the officer or employee chooses to arrive early or stay at a location after a conference has ended for personal reasons, the employee will not be reimbursed for hotel or meals for the time not spent on County business An officer or employee is allowed to depart the day before the conference or meeting begins and stay one day after the conference ends if the conference ends late in the day or if airlines don't accommodate travel that day Created 2022-08-02 18 29 39 [EST] (Supp No 78) Page 2 of 2 • as Sec. 2-1 2-160. - Travel, lodging, meals, rental cars. eivtio )YOvLtw It is the policy of Weld County to reimburse staff for reasonable and necessary expenses incurred in connection with approved travel on behalf of Weld County. Travelers seeking reimbursement should incur the lowest reasonable travel expenses and exercise care to avoid impropriety or the appearance of impropriety. If a circumstance arises that is not specifically covered in this travel policy, then the most conservative course of action should be taken. A. Permissible prepaid travel expenses. Before the travel, Weld County may issue prepayments for airfare, conference registration fees and cash advances. If an employee receives a cash advance they must complete the personal expense claim to settle up the advance within fourteen -day of their return. Normal procurement and payment policies will apply. B. Lodging (commercial). The cost of overnight lodging may be reimbursed to the traveler if the authorized travel is over forty-five (45) miles from the traveler's home or primary worksite, whichever is closer to the hotel. Weld County will reimburse lodging expenses at reasonable, single occupancy or standard business/government room rates. When the hotel or motel is the conference or convention site, reimbursement will be limited to the conference rate. Reimbursement for lodging is for commercial lodging only. C. Meals and incidentals (conference/training). The Weld County Home Rule Charter says that employees will be reimbursed for actual expenses incurred while on County business. This includes, but is not limited to, the cost of meals and incidentals incurred while attending conferences and training according to the following rules: 1. Cost of the meal is to be reasonable. 2. Tipping is reimbursed at no more than fifteen (15) percent, unless it is automatically added for a large group at a higher amount. m(4-4 •\f ifticasuri 3. Itemized receipts are required (digital image is acceptable). If an itemized receipt is not turned in, no reimbursement will be allowed. 4. If meals are provided as part of the conference or built into the standard hotel room cost, reimbursement will not be allowed. 5. Copy of the conference or meeting agenda (meeting schedule) must be included with the reimbursement request. 6. Personal entertainment expenses, including in-flight movies, headsets, health club facilities, hotel pay per -view movies, in -theater movies, social activities and related incidental costs are not reimbursable. 7. Cost of "snacks" other than a meal will not be allowed. 8. No reimbursement for alcohol. 9. If receipt is for multiple people, names of those who have items being paid for must be included on the receipt. D. Meals (Single day travel). The Weld County Home Rule Charter says that employees will be reimbursed for actual expenses incurred while on county business. This includes, but is not limited to, the cost of meals and incidentals incurred during single day travel according to the following rules: 1. Single day travel may be reimbursed if the employee is conducting county business during the meal. Meals (Single day travel). The Weld County Home Rule Charter says that employees will be reimbursed for actual expenses incurred while on county business. This includes, but is not limited to, the cost of meals and incidentals incurred during single day travel according to the following rules: 1 Single day travel may be reimbursed if the employee is conducting county business during the meal. Names of people need to be listed on the receipt. 2 Tipping is reimbursed at no more than fifteen (15) percent, unless it is automatically added for a large group at a higher amount. 3 Itemized receipt must be turned in (digital image is acceptable). 4 State on the receipt the business purpose of the meal. 5 If training course, provide copy of agenda. If meal is provided no reimbursement will be made. E For air travel, the cost of coach/economy airfare and one piece of luggage and coach scnment or early check -in fee will be reimbursed. Cost or charge for seat assignment or early check in fee will not be rei-mbursed. F Accounting for savings by early arrival and/or late departure. If an officer or employee chooses to arrive early for a conference or meeting to take advantage of reduced airfare, the officer or employee must reconcile the standard economy airfare with the reduced airfare, the additional hotel and meal expenses, and any other expenses that were incurred because of early arrival. This reconciliation is to be submitted with the expense report. If the officer or employee chooses to arrive early or stay at a location after a conference has ended for personal reasons, the employee will not be reimbursed for hotel or meals for the time not spent on County business. An officer or employee is allowed to depart the day before the conference or meeting begins and stay one day after the conference ends if the conference ends late in the day or if airlines don't accommodate travel that day. L3 J. � 1 tea/EL ,x-55 i J n � `n'� 1(k/111'14h voC5 v4) orte 4111 t 0,014inG� dor at c_prA.-4\A- v 4,A0 C D At* -1-1149-171 CHAPTER 5 - Revenue and Finance ARTICLE IV Purchasing Policy ARTICLE IV Purchasing Policy' 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, 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. Subsection 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 29-1-115, 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 or her-, by this Article, 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. Accurate records of expenditures and encumbrances must be kept by the Department of Finance and Administration so that department heads and elected officials can be informed on a timely basis of expenses and obligations in comparison to the adopted budget of the County. By utilizing a consistent policy of purchasing procedures, the County's elected officials and department heads will find it easier to comply with the provisions of the state statutes and the Home Rule Charter. E This Article will provide reference for questions that may arise, and will assist in prompt procurement consistent with economy. F The Home Rule Charter provides that Central Purchasing shall establish, maintain and operate the Central Purchasing Office for the County. Responsibilities of the Purchasing Office shall include the receipt of quotes and the purchase of supplies, materials, property, equipment, and inventory pursuant to policies and 'Ord. No. 2015-2 , adopted March 25, 2015, repealed the former Art. IV, §§ 5-4-10-5-4-190, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter. See Disposition of Ordinances Table for complete derivation. Weld County, Colorado, Charter and County Code (Supp. No. 79) Created: 2022-12-09 15:06:41 [EST] Page 1 of 25 procedures established by the Board of County Commissioners and in accordance with the Charter and the laws of the State. The policy of the Department of Purchasing in the discharge of these duties will include, with the assistance of other departments and agencies, the establishment of reliable and reputable sources of supply, the fostering of competition, and good procurement practices consistent with timely accomplishment of its goals. All negotiations will be conducted on the highest level of business ethics. All contact with existing or potential suppliers after submission of a purchase requisition shall be made by, or with the knowledge and approval of, the Department of Purchasing or the delegated Department Head (elected official). While establishing and maintaining satisfactory supplier relationships, the acceptance or solicitation of entertainment, loans, gifts, or special considerations by any County personnel will not be permitted. 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 Controller or designee. H It shall be deemed a violation of this Article for any County personnel to: 1. Violate the Standard of Conduct or the Code of Ethics for a local government official or County employee as prescribed by Article 18 of Title 24, C.R.S. 2. Knowingly exaggerate requirements for the purpose of temporarily receiving a better price. 3. Knowingly underestimate requirements or deny the existence of a requirement to avoid doing business with a particular supplier. 4. Knowingly misrepresent a competitor's prices, quality, or services to obtain concessions. 5. Purchase goods or services without proper procedures. ANY GOODS OR SERVICES PURCHASED WITHOUT PROPER PURCHASING PROCEDURES WILL NOT BE PAID FOR BY THE COUNTY AND WILL BECOME THE PERSONAL LIABILITY OF THE INDIVIDUAL MAKING COMMITMENT TO THE VENDOR FOR THE ILLEGAL PURCHASE. I A Weld County employee or elected official will avoid any activity that would create an actual or perceived conflict between personal interests and the interests of Weld County. If any of the following conflicts exist, the employee or elected official shall immediately notify the Controller or designee and remove himself/herself from the procurement: 1. The employee, or elected official, or any member of the employee's family, has any financial interest related to a specific Weld County procurement. 2. A business or organization in which the employee, or elected official, or any member of the employee's family, has a financial interest pertaining to the Weld County procurement. For the purpose of this section of the Code, "Family" means spouse, child, parent, stepparent, stepchild, sibling, half -sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, spouse's grandparent, step -grandparent, grandchild, step -grandchild, foster parent, foster child and guardian. J. Any employee found in violation of the provisions of this Section will be subject to disciplinary actions. K. The intent of this Article 4 is to comply with the general procurement standards required for local governments using federal funds set forth in 2 C.F.R. 200.318. A compliance checklist is contained in Appendix 5-T. The Updated Federal Equal Opportunity Clause is found in Appendix 5-U. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-14 ; Weld County Code Ordinance 2019-08 ) Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 2 of 25 Sec. 5-4-20. Relationship with vendor's representatives. The relationship between the purchaser and the seller is one of mutuality. No contract that proves unsatisfactory to the vendor can be regarded as totally satisfactory to the buyer. It is the responsibility of the Department of Purchasing and individual departments to establish a relationship of mutual confidence and satisfaction between the County and its suppliers. A. The individual departments should not be burdened with unsolicited visits from suppliers. To avoid this, they should observe the following procedures: 1. All unsolicited vendor's representatives will be referred to, and received by, the Department of Purchasing; and when necessary for them to talk with department heads or elected officials, the interview will be arranged by the Department of Purchasing. If an unsolicited vendor should contact the department directly, he or she shall be immediately referred to the Department of Purchasing. No unsolicited vendor is permitted in departments unless approval is received from the Department of Purchasing. 2 The Department of Purchasing will inform or distribute to department heads (elected officials) any useful information received from interviews, catalogs, advertising, e-mail, etc. B. During the course of business, it is recognized that the individual departments will need to conduct analysis cf products in regard to quality, costs, flexibility, and applicability. Therefore, individual departments may solicit visits from supplier(s) for demonstration purposes. 1. Solicited demonstrations or product inquiries can be explored by either individual departments or the Department of Purchasing. 2. Interactions during these solicitations and demonstrations shall comply with ethical standards of conduct. Sec. 5-4-30. Bid regulations. A. Section 14-9 of the Home Rule Charter specifies that: 1. The Board of County Commissioners shall adopt bidding procedures for county purchases which shall assure open and competitive bidding on all county purchases, and the Central Purchasing Division shall follow the procedures adopted in all county purchases. 2 Bid specifications shall be prepared in such a manner as to invite and encourage bidding from all suppliers of the goods and equipment being purchased by the County. No specifications shall be submitted to bidders so restrictive in detail as to eliminate any line of competitive equipment. 3 The County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. 4 The County Commissioners shall enter in the minutes of the meeting, at which a purchase is made for other than a low bid, the reason for not accepting the low bid. 5. All purchases in excess of an amount 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 Commissioners shall accept the bid they find to be most beneficial to the County. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 3 of 25 B 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, 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 the County by any person, company or corporation having its manufactory or principal place of business without the State. C. Section 43-2-209, C.R.S., specifies that: "Contract for work on highways - advertise for bids. If any board of county commissioners desires to let out any work on the county highways by contract, it may advertise in a legal newspaper in the county or post a notice in the county courthouse, for a period of not less than ten days before the contract is let, for sealed proposals for performing the work. When a contract for work on highways involves expenditure equal to, or greater than, the amount at which a contract requires a contractor's bond under Section 38-26-105, C.R.S., the board of county commissioners shall advertise in a newspaper as provided in this Section unless such advertisement, in the judgment of the board, would be detrimental to the immediate preservation of the public peace, health, and safety. The advertisement must describe the work to be done and its location and must refer all persons to the person holding the plans and specifications therefore, and such contract shall be awarded to the lowest responsible bidder, the board reserving the right to reject any bids proffered. The cost of any county highway work mentioned in Sections 43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as the board may determine." D. The Department of Purchasing shall continually strive to increase competition and obtain new sources of supply. Bidding shall be open and unrestricted; however, the County shall not be obligated to solicit bids from every supplier for every requirement. Quotations and bids shall be based on established standards and specifications whenever possible. ( Weld County Code Ordinance 2015-2 ) Sec. 5-4-40 Definition of terms. The following terms shall be used with the given definitions when used throughout this Section: Best and Final Offer (BAFO): Best and Final Offer (BAFO) is a tool that can be used during the final evaluation and negotiation phase of a procurement using an RFP when at least two (2) qualified vendors remain within a competitive range. BAFO is the vendor's response to the Purchasing Department's request for vendor to submit their most attractive response in order to secure a contract for a particular project. Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Bid: Bid refers to an offer in response to an Invitation to Bid or an offer in response to an electronic solicitation from other sources. Construction Manager at Risk (CMAR): A Construction Manager at Risk (CMAR) is a construction project delivery method in which the county enters into a contract with a Construction Manager. During design, the CMAR advises the owner and designer on constructability, value engineering, cost estimating, schedule, sequencing, selection of components and materials, and other matters. When the design is completed, the CMAR using defined or negotiated fees becomes the builder or general contractor that is responsible or "at risk" for completing construction with one hundred (100) percent of the work being sub -contracted. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 4 of 25 Construction Manager/General Contractor (CM/GC): A Construction Manager/General Contractor (CM/GC) is a construction project delivery method in which the county enters into separate contracts with the designer and the builder, often at or about the same time. During design, the CM/GC advises the owner and designer on constructability, value engineering, cost estimating, schedule, sequencing, selection of components and materials, and other matters. When the design is completed, the CM/GC using defined or negotiated fees becomes the builder or general contractor for the work and may use subcontractors and/or self -perform the work. The CM/GC does not become a Construction Manager; instead the county supplies construction management through its own staff or a consultant. Typically, CM/GC contracts include both lump sum and pay items that will be measured and paid for on a unit price basis. Contingency Costs: Contingency Costs are funds that are held in reserve to deal with unforeseen circumstances. Cost Plus: The term "Cost Plus" means the County agrees to cover the actual expenses of the project, plus a fee. These costs include labor and materials, plus other costs incurred to complete the work. The "plus" part refers to a fixed fee or percentage of total project. These fees are agreed upon in advance to cover the contractor's overhead and profit. Cost-plus contracts are "open book," meaning the County has the right to see exactly what the expenses are. Department: The term "Department" includes all offices of the Weld County Government. Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. Design -Build (DB): Design -Build (DB) is a project delivery method in which the agency procures both design and construction services in the same contract from a single, legal entity referred to as the design -builder. The design -builder controls the details of design and is responsible for the cost of any errors or omissions encountered in construction. Force Account (FA): Force Account (FA) refers to construction work performed on projects using its own forces. The FA may include the use of labor, equipment, materials, and supplies furnished by the county and used under its contract terms. FA may include but are not limited to: Shared Risk Contingency Pool, CDOT Risk Pool and other traditional force accounts, such as On -the -Job Training, Incentives, and Fuel Cost Adjustments. Guaranteed Maximum Price (GMP): Guaranteed Maximum Price (GMP) (also known as not -to -exceed price) is a variance of the Cost -Plus pricing method where the contractor guarantees the county will pay no more than the maximum price established for the completion of the work. GMP fees may include but are not limited to the costs of work, management fees, and a contingency fee to cover risk. GMP for vertical construction contracts are typically executed in two (2) parts. The first contract is for design services and is usually a lump sum or hourly fee. The second contract is for actual construction based on the design, which establishes the GMP. GMP fees may include but are not limited to Design, Pre -Construction Services, General Conditions, specifications, Construction Management, Bonds, Contingency, and Insurance and Cost of Work. GMP contracts are cost -type contracts (also known as an open book -contract). Letter of Intent (LOI): A Letter of Intent is a pre -contractual document, usually in the form of a letter and sometimes signed by both parties, used to express expectation of contract formation in the future and to ensure that certain basic agreements are clearly understood by both parties. When properly drafted, the LOI should create no binding obligation to either party. Low Bid: Low Bid is a procurement method where the county requests a price from multiple sources and bases the award decision on the lowest priced bid that meets specifications. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 5 of 25 Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Negotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. Progress Payments: Progress Payments shall only be made for work actually completed or equipment/material received. Progress Payments are normally invoiced monthly. Procurement: Procurement is the acquisition through purchase or lease of real property, goods or other products (including intellectual property), works or services. Proposal: A Proposal is an offer in response to a Request for Proposal. Purchase Order: A Purchase Order is a document issued by the Department of Purchasing to a supplier that specifies the goods or services to be purchased. An official Purchase Order includes the signature of the Controller. Purchases: The term "Purchases" is defined and categorized as follows: 1. Small Purchases are goods and services for less than ten f+vthousand dollars ($ ,000.00). 2. Informal Purchases are those transactions of tenfi-ve thousand dollars ($10S,000.00) and up to fifty twenty five thousand dollars ($5025,000.00). 3. Formal Purchases are those transactions greater than fifty twenty five thousand dollars ($5025,000.00) and must be processed through the Purchasing Department. Qualifications -Based Selection (QBS): A Qualifications -Based Selection (QBS) is a procurement method used for the competitive selection of architectural, engineering, or similar professional services under which the most appropriate professional or firm is selected based on qualifications such as knowledge, skill, experience, and other project -specific factors, rather than on solely fees. QBS is typically achieved through an RFQ and RFP process. Quotation/Quote: A Quotation/Quote is an offer in response to a Request for Quotation in a bid. However, if it is in response to an inquiry, it is simply a statement of price and availability. Request for Bid (RFB): A Request for Bid (RFB) is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding and RFB the contract. Request for Information (RF!): A Request for Information (RFI) is an advance notice to communicate to potential bidder firms the County's interest in specific research and development projects. This type of solicitation is used sometimes to determine the potential bidder interest for a specific procurement. It is also used as market research to determine whether or not a small business set -aside is appropriate. This is sometimes referred to as sources sought. Request for Proposal (RFP): A Request for Proposal (RFP) is a purchasing process where an advertisement requesting proposals for work in accordance with the requirements as outlined for a project. RFP uses a selection team that is based on a scope of work. During the selection process, the department uses interviews and a scoring form to rank suppliers or consultants. The highest ranked firm is selected and enters into contract. If an agreement to contract cannot be reached, an agency can negotiate a contract with the second ranked consultant and so on until an agreement is reached. Request for Qualifications (RFQ): A Request for Qualifications (RFQ) is a purchasing process where prospective suppliers or consultants respond to the solicitation including the desired minimum qualifications of the Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 6 of 25 company, firm, or design -builder, a scope of work statement and general project requirements. RFQ allows the County to provide a pre-screening step, so when a Request for Proposal is sought there are fewer proposals to evaluate. RFQ is not a required step to an RFP. Thus, the RFQ becomes a means by which the purchasing department can add suppliers or consultants to their vendor list or short list. During the ranking process, the department uses interviews and a scoring form to rank suppliers or consultants. The firms will be placed on a shortlist achieving the ability to respond to a related RFP. Requisition: A Requisition is a request to the Purchasing Department to purchase specified goods or services. Requisitions ensure that the purchase is appropriately approved, budgeted, and that the County is receiving a competitive price. Requisitions should include: 1. Organization making request. 2. Name of originator. 3. Specifications of product/service. An accurate description and specification for every item listed, including catalog/part/model numbers, size, color, etc., but not so restrictive as to unduly limit competitive bidding. 4. Estimated cost for each item. If pricing was obtained, the quotation(s) should be noted on the requisition. Copies of all quotes and other relevant information should be submitted with the requisition or referenced on electronic requisitions, scanned and emailed, or sent via County mail. 5. Quantity needed. 6. Account to be charged. 7. Department Head (elected official) or designee approval. S. Recommended supplier(s), if known. 9. Delivery. Delivery instructions, stating specifically delivery date and location. 10. Other pertinent information. Single Source: The term "Single Source" refers to procurement of products or services from one (1) selected supplier, even though there are other suppliers that provide similar products or services. It is at the sole direction of the county in the interest of compatibility and consistency of goods and services. Sole Source: Sole Source is a procurement term employed when there is no competitive marketplace for the requirement, i.e. the product or service needed is available only from one (1) source. Solicitation: Solicitation is a generic term for a request to suppliers to offer a bid, quotation or proposal. Specifications: Specifications is a description of the technical requirements for a material, product or service. Specifications usually refers to the minimum defined requirements for materials or products, but can also relate to the requirements for services or statement of work. Statement of Work: Statement of Work is a requirement of the specifications for work assignments outlining the specific services a contractor is expected to perform, generally indicating the type, level and quality of service, as well as the time schedule required. This can be accompanied by a Summary of Quantities (SOQ) and/or drawings/designs. Stipend: A Stipend is the fee paid to an unsuccessful firm for development of a responsive design -build proposal, if approved by the BOCC. Supplier/Vendor: A Supplier/Vendor is an entity that potentially or actually provides goods or other products (including intellectual property), services and/or works to the organization. A supplier may take various forms, including an individual person, a company (whether privately or publicly held), a partnership, a government agency or a non -governmental organization. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 7 of 25 Time and Materials: Time and Materials is when the contractor is reimbursed for cost incurred and for labor and materials plus a fee for their profit and overhead. Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Sec. 5-4-50. 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 shall 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 Controller of designee should be notified. B. The purchasing agent shall purchase only those supplies, materials, and equipment requested by a using department. The agent will, however, keep department personnel informed on price changes, deliveries and other information that is in the best interest of sound County fiscal policy. C. The Board of County Commissioners may, by motion or resolution, purchase an item of used equipment which, by its very nature is not biddable as a practical matter. D. All provisions of the Home Rule Charter prohibiting employees and elected officials of the County from doing business with the County shall be strictly adhered to in connection with the purchase of all supplies, services, materials, and equipment by the Department of Purchasing and department heads. E Departments are encouraged to seek the assistance of the purchasing staff as early in the acquisition process as possible and as necessary. It is at the beginning of the process that using departments can realize the major benefits provided by the Department of Purchasing staff, who will suggest products or services to meet the using department's needs; contact vendors to obtain literature and set up demonstrations; obtain price and delivery information; and investigate alternatives, including their advantages, disadvantages, and costs. These services are available to the using department as soon as it decides to solve a supply problem. Departments should contact the Department of Purchasing prior to budgeting and/or submitting a requisition. F 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 Controller or designee is authorized to negotiate a purchase on behalf of the County. 2. 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. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-60. Purchasing processes Limits and procedures. These procedures are adopted pursuant to Section 14-9 of the Home Rule Charter. As discussed in Section 14-9, all purchases shall assure open and competitive bidding. All bid specifications shall be prepared in such a manner as to invite and encourage bidding from all suppliers. No specifications shall be submitted to bidders so restrictive in detail as to eliminate any line of competitive equipment. In all cases, the County shall reserve the right to reject any and all bids. The County strives to select the bid which is in the best interest of the County. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 8 of 25 A Small Purchases. Purchasing authority has been delegated to the Department head of each Department for those transactions under ten €thousand dollars ($105,000.00) and within their budget. Small purchases do not require quotes or a purchase order; however, Departments are expected to make purchases in the best interest of the County. Acquisitions of products and services under ten five thousand dollars ($10-5,000.00) may be handled three (3) ways: 1. Submission of a formal requisition request to Purchasing, 2. Use of a procurement card (subject to the limitations of Section 5-4-200), or 3. Invoice generated by vendor for a direct pay. B. Informal Purchases. Purchasing authority has been delegated to the Department head of each Department for those transactions between 'en thousand dollars ($105,000.00) and fifty twenty- five -thousand dollars ($5025,000.00) and within their budget. Departments may request, via a requisition, the Purchasing Department to request quotes and conduct the transaction. Quotes should be sought to foster fair and open competition and to achieve maximum economy for the County. The amount of money being spent for the goods or services should cover a 12 -month period. Quotes should not be awarded, within a 12 -month period, to the same or similar vendor(s) to avoid doing a Formal Bid. 1. The informal bid process consists of: a. Submission of a formal requisition request to Purchasing or a direct department solicitation to qualified vendors. b Either method should consist of a minimum of three (3) bids (whenever possible) with results sent to Purchasing to be maintained as a public record. The quotations may be in writing, e-mail, via telephone, or via facsimile. If by telephone, a complete record of the transaction must be maintained, to include, as a minimum, the following for each supplier contacted, including suppliers from whom quotes were solicited, but did not bid or respond: supplier name, quoted by (name), date of quotation, and quoted price. c. When using previously obtained bids to purchase products or services, such bids shall have been obtained within twelve (12) months of purchase. 2 Payment for acquisitions of product and services can be secured through: a. Purchase order initiated by Purchasing, b. Use of a procurement card (subject to the limits of Section 5-4-180), or c. Invoice generated by vendor for a direct pay. 3. If the low bid is found unacceptable because of some factual circumstance, the Department should write a clear, concise, and factual justification for not accepting the lowest bid. 4. All informal bid prices received shall remain confidential until the award is made. After the award is made, all information regarding the bid shall be open for public inspection during regular business hours. 5 In the event items do not meet specifications, the Department of Purchasing or individual Department 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 or individual Department may accept an alternative bid. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 9 of 25 C. Formal Purchases. All vehicle purchases and purchases over fifty twenty-five thousand dollars ($5025,000.00) must go through the formal bid process. The formal bid procedures may be used for purchases under the amount established by the annual purchasing ordinance (fifty twenty five thousand dollars [$5025,000.00]) when the best interest of the County so dictates. 1. All bidding shall be in accordance with, and pursuant to, Section 14-9(1)-(5) of the Home Rule Charter. All purchases in excess of an amount 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 (fifty twenty five thousand [$5025,000.00]) 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 Commissioners shall accept the bid they find to be most beneficial to the County. Prior to advertising for such bids, the purchasing agent shall verify that the purchase is authorized in the current budget. 2 At the discretion of the Controller or designee, formal bids may be advertised in the official county newspaper, except as statutorily required, and may be advertised in other publications or media, such as an online bid advertisement service. Such advertisement shall include, but not be limited to, the following: a. General description of the required commodity or service. b. The location to obtain required bid documents. c. Cost of bid documents (if applicable). d. Amount of bid bond (when applicable). e. Time and place of bid opening. f. Reservation of the right to: (1) Waive informalities, (2) Reject all bids, or (3) Accept the proposal deemed most advantageous to the best interest of the County. 3 Invitations to bid shall be sent to all appropriate vendors on the County's vendor list and/or through the appropriate online bid advertisement service categories. The County may send invitations to other qualified vendors and/or by advertising on the internet or through direct solicitation. 4. When bids are received, they shall be stamped with the date and time received, initialed by the person receiving them, and filed until opened. After the bids are opened, the proposals shall be reviewed by the purchasing agent and the department head who initiated the requisition. 5. All formal bids 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. 6. The Department of Purchasing may introduce "other source" bids that serve 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. 7 Formal bid review and award. When evaluating bids, consideration may be given, but not necessarily limited to some or all of the following: price, bidder's previous record of performance and service (internal/external), ability of bidder to render satisfactory service in this instance (i.e., training, maintenance and repairs), availability of bidder's representative to call upon and consult Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 10 of 25 with the end users, quality and conformance to specifications, delivery schedule, life cycle costs, warranty. a. The department head and the purchasing agent will make a recommendation to the Board of County Commissioners. The final award of the bid will be approved by the Board of County Commissioners. If the low bid is found unacceptable because of some factual circumstance, the Department should write a clear, concise, and factual justification for selecting other than the low bid. b Per Section 14-9(3) of the Weld County Home Rule Charter, the County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. c. Per Section 14-9(4) of the Weld County Home Rule Charter, the County Commissioners shall enter in the minutes of the meeting, at which a purchase is made for other than a low bid, the reason for not accepting the low bid. d. Exceptions to this section include sole source purchases and professional services approved by the Board of County Commissioners. 8 Best and Final Offer (BAFO). When deemed to be in the best interest of the County, the Controller or designee or the applicable department head may request a BAFO as a part of any Formal Purchase. Any request for a BAFO should be made following all pertinent discussions, questions, and all addendums made to clarify full understanding of, and responsiveness to, the solicitation requirements. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. All pricing and information shall remain confidential until the successful proposal is accepted by the Board of County Commissioners. Best and Final offers shall be requested in writing. The request shall include: a. Notice that discussions are concluded. b. Notice that this is an opportunity to submit a Best and Final Offer. c. A due date for submission of the Best and Final Offer. After receipt and analysis of BAFO's, proposals shall be evaluated, and a recommendation made to the Board of County Commissioners in accordance with this section of the Code. 9 Guidelines for Purchases. The elected official or department head or designee will coordinate with the Purchasing Department to determine the appropriate delivery method, procurement method, pricing method, and any additional items using "Table 1. Guidelines for Purchases" found in Appendix 5-V. Once the department head or designee has selected the delivery method, procurement method, pricing method, and additional items for a particular project, they shall be clearly written into the bid specifications so that all parties clearly understand how the bid will be managed and awarded. Sec. 5-4-70. Questioned purchase requisitions and purchase order changes. A. The Controller or designee has the right and duty to question any item on a requisition that may be unnecessary and/or unreasonable. B. The Controller or designee has a duty to question increases to purchase orders to ensure the appropriate change order was obtained. C. The Controller or designee has the authority to authorize the purchase of the item requisitioned or the increase in the purchase order. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 11 of 25 D. In the event of a questioned requisition or purchase order change, 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. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-80. Expenditures not requiring a procurement process. A. It has been determined that it is in the best interests of the County to exempt certain purchases of goods or services from the requirements of this code. The following is a list of the expenses which will be processed for payment in the Department of Accounting without a requisition and purchase order: 1. Notices. Notices placed in newspapers or other publications for any County business. 2. Allocations to outside agencies. Payments made to agencies outside County government for which an amount was determined at budget hearings. (Nonprofit agencies, libraries, cities, etc.) 3 Auto mileage and personal reimbursements. Reimbursements to County employees or individuals for expenses paid out-of-pocket. Mileage shall be reimbursed at the current rate per mile for authorized travel on County business. 4. Fees paid for autopsy services. 5 Dues, meetings and travel expenses. Dues to organizations, registration fees for seminars and conventions, and expenses incurred while attending seminars and conventions such as hotel bills, food, cab fare, etc. 6. Education and training expenses. Fees paid to organizations for training of County employees (including Manpower and other Department of Human Services clients). 7. Expert witnesses. Expert witnesses called by the District Attorney, County Attorney or Sheriff to testify in the County's behalf. 8. Postage. Stamps, postage -paid envelopes or postcards. 9. Rent payments. Monthly rental payments for office equipment, buildings, vehicles, etc. 10. Telephone. Regular telephone bills or telephone answering service. 11. Transcripts. Transcripts for the District Attorney, County Attorney or other County offices. 12. Utility bills. Monthly charges for electrical, water and gas (including propane) service. 13. Insurance claims. Payment for insurance claims paid out of the Insurance Fund under the County's protected self-insurance program. 14. Library books, subscriptions, and publications. Publications, books, magazines, or published materials. 15. Vehicle fuel. Gas, diesel, and propane. 16. Computer support. Computer hardware, software, maintenance, and supplies when determined by the Director of Information Technology not to be competitive resources compatible to the County's computer environment. 17. Repair and maintenance agreements for office equipment such as copiers and furniture, etc. (Exception: When the vendor requires a Purchase Order prior to working on equipment.) 18. Non -routine repairs, maintenance, and service agreements required by the Director of Buildings and Grounds to maintain County facilities. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 12 of 25 19. Towing. Vehicles towed by the Sheriff or emergency towing of County vehicles. 20. Medical and fringe benefit claims. Payment made for insurance claims or flexible benefit accounts. 21. Photo reproduction. 22. Petty cash. Reimbursements to petty cash funds. 23. Waived items. The Controller or designee may waive the requirement for Requisition and Purchase Order when warranted by circumstances. 24. Equipment rental. The Director of Public Works, the Director of Facilities and the Director of Fleet Services may approve rentals of short-term duration not to exceed thirty (30) days or fifty twenty five thousand dollars ($5025,000.00) for their respective departments. Rental of equipment is subject to the requirements of Section 5-4-60.B. of this Article. Only the Board of County Commissioners may approve rentals that exceed thirty (30) days or fifty twenty-five thousand dollars ($`sueu ,000.00). 25. Medicine and supplies. The purchase of medicines and supplies by the Director of the Department of Public Health and Environment in cases where criteria other than price are considered paramount; i.e. safety and quality. 26. Items purchased from current state, federal, GSA or other cooperative contracts. 27. Emergency purchases when: a. Human life, safety, health, or County property is in jeopardy. b. Repairs of equipment involving hidden dangers. c. Repairs are immediately needed for equipment where delay would lead to higher expense. 28. Items which are proprietary (software, etc.). 29. OEM (Original Equipment Manufacturer) requirements for equipment under lease, rental, warranty or maintenance. 30. Design limitations and compatibility with existing equipment. 31. Professional services that do not lend themselves to competitive bidding. Professional Service Agreements are contracts with persons or entities which due to their experience, education, and expertise, provide technical or specialized services. With approval of the Board of County Commissioners, Professional Services may be obtained without following the requirements of this Chapter 32. Ammunition, firearms, and/or less lethal devices. The purchase of ammunition, firearms, and/or less lethal devices where criteria other than price are considered paramount; i.e. quantity, quality, delivery date. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-1 ; Weld County Code Ordinance 2019- 08 ; Weld County Code Ordinance 2021-07 ) Sec. 5-4-90. Sole source purchases. Purchases may be exempt from the quote and bid process if there is no competitive marketplace for the requirement. Some equipment designation effectively eliminates competition, so support documentation will be required on the requisition to explain why only a particular brand or service is acceptable. A Sole Source procurement is one in which only one (1) vendor can supply the commodities, technology and/or perform the services required by the County. The Purchasing Department will maintain records of all Sole Source justifications. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 13 of 25 I Purchases over fifty twenty five thousand dollars ($5025,000.00) will require approval from the Board of County Commissioners. Sec. 5-4-95. Single source purchases. A Single Source procurement is one in which two (2) or more vendors can supply the commodity, technology and/or perform the services required, but the County has selected a system of one (1) vendor over the others by weighing the options and choosing a supplier that in good faith best meets the needs in accordance with Sec. 5-4- 160. Such purchases, when identified and justified by the requesting department, and upon concurrence of the Controller or Assistant Controller, shall be exempt from the quote and bid process. Purchases over fifty twenty five thousand dollars ($502-5,000.00) will require approval from the Board of County Commissioners. Sec. 5-4-100. 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 of County Commissioners 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 when those processes meet or exceed those described in this Code. ( Weld County Code Ordinance 2015-2 ) Sec. 5-4-110. Emergency purchases. A. Only the Department of Public Works, Office of Emergency Management, Department of Information Technology 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 purchases by the above departments will be considered unauthorized purchases as specified in Paragraph 5-4-10.H.5 of this Article. B. As described in Sections 2-15-60 and 2-16-60 of this Code, in the event of activation of the Continuity of Government (COG) Plan or Emergency Operations Center, all purchasing rules set forth in this Chapter shall be suspended, subject to Board of County Commissioners 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 the 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 the 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. (Supp. No. 79) Created: 2022-12-09 15:06:40 [EST] Page 14 of 25 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 ( Weld County Code Ordinance 2015-2 , Weld County Code Ordinance 2019-08) Sec. 5-4-120. Procurement by the Department of Information Technology. The Weld County Department of Information Technology shall purchase all information technology resources, including, but not limited to, electronic hardware, software, and services for all County Departments All purchases shall be conducted in accordance with the policy and procedures set forth in this Chapter and in the Information Technology Procurement Policy of Chapter 9, Article IX of this Code All non -IT resource purchases, such as furniture, office supplies, etc , shall be purchased by the Department of Purchasing Sec. 5-4-125. Reserved. Editor's notes) —Ord No 2019-08 , adopted July 8, 2019, repealed § 5-4-125, which pertained to procurement by the Department of Public Safety Communications and derived from Weld County Code Ordinance 2015-2 Sec. 5-4-130. Procurement by the Department of Human Services. The Department of Human Services shall procure all needed professional services required by the Department and as approved by the Board of County Commissioners Procurement shall be conducted in accordance with the policy and procedures set forth in this chapter and/or the requirements of any grant, contract, or other funding requirements All non-professional services, such as furniture, office supplies, etc , shall be purchased by the Department of Purchasing Sec. 5-4-140. Contracts for professional services or independent contractors. Individuals or companies hired to perform services, independent contract work, or provide goods or materials, awarded through the formal bid process (>$25,000 00), shall enter into a contract approved by the County Attorney and Board of County Commissioners The Controller or designee may waive the requirement for a contract on a case -by -case basis Contracts may be required by the Controller or designee for informal purchases (<$25,000 00) on a case -by -case basis A Selection process 1 The selection of individuals or companies to perform professional services work shall be conducted in accordance with purchasing procedures described in this chapter Selection criteria may vary with each specific service 2 If the needed service or materials can be provided by other than a sole source, a request for proposal or request for quote will be made by the Department of Purchasing with assistance from the requesting department In the case of a sole source, the Department of Purchasing will make the determination that no other qualified vendor is available or practical for use by the County In cases of a sole source, the reason or reasons for specifying the sole source must be stated in the signed contract for the record B Contract Establishment 1 Department employees with designated contract management authority for goods and services shall follow the procurement procedures In addition, the designated department contract Created 2022-12-09 15 06 40 [EST] (Supp No 79) Page 15 of 25 manager or representative shall enter the contract into the contract management system for review and appropriate signatures. The following are generally required: a. Review and coordination with the County Attorney to develop the contract which ensures proper liability indemnification and insurance statements are incorporated. b. Obtain contractor's legal representative signature on contract. c. Review and approval by Department Head. d. Review and approval by the Controller or designee. Review and approval by Director of Finance and Administration, or designee. Coordination with the Clerk to the Board so contract can be presented to the Board for final approval. 2 Department employees with contract management authority shall ensure the appropriate certificate of insurance and bonding documentation is secured prior to permitting work to be performed. If possible, this documentation shall accompany the contract presented for Board approval. If not possible to accompany contract, the documents shall be provided to the purchasing agents for inclusion into record keeping. f C. Approval Process: 1. State statutes and Section 3-8(4)(m) of the Weld County Home Rule Charter requires that all contracts must be approved by the Board of County Commissioners and signed by the Chair of the Board in order to be valid. Unless otherwise authorized, prior to consideration for approval by the Board of County Commissioners, the contract shall be approved by the County Attorney, the Department Head originating the contract, the Controller or designee and the Director of Finance and Administration, or designee. 2 Approval by the Board of County Commissioners shall follow the procedures described in Section 2-1-40 of this Code. D Modifications to contracts. Every contract change order, renewal, term modification, or price adjustment (in excess of the original contract amount) must be approved. 1. Modifications under fifty twenty-five thousand dollars ($502-5,000.00) (cumulative) to service contracts can be approved by the department head or designee, or elected official. Modifications over fifty twenty five thousand dollars ($5025,000.00) (cumulative) to service contracts 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 fifty twenty five thousand dollars ($5025,000.00) (cumulative). E. Term of Contract. When it is in the best interest of the County, contracts can be on a multiple -year basis with renewals at the option of the County and approval by the Board of County Commissioners. F Contract Implementation. Department Heads (and elected officials) are responsible for implementation of the requirements and specifications of all contracts with their Department. (Supp. No. 79) Created: 2022-12-09 15:06:40 [EST] Page 16 of 25 G. Contract Administration. The user Department will be responsible for monitoring and documenting contractor performance/compliance. All documentation of non-compliance should be shared with the County Controller or designee and the County Attorney. If poor performance or non-compliance with the contract by the contractor occurs, the Department will notify the County Controller or designee and the County Attorney. The Purchasing Department, in coordination with the user Department, will be responsible to initiate corrective action with the vendor. Sec. 5-4-150. 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 of this Article. 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 Controller or designee, or his or her 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 e lected official, or his or her designee, may stop negotiations and begin negotiations with the n ext highest ranked firm or company. This process may be repeated as may be necessary. If n egotiation is not successful with any of the ranked companies or firms, the department head or e lected official may begin the QBS process over or may begin the negotiation process over. C. Best Value QBS procedure. 1. Step 1: A Request for Qualification (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 to include cost as a consideration. Step 1 of the process is identical to Step 1 under Subsection B. above. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 17 of 25 2. Step 2: A Request for Proposal (REP). 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 may interview the bidders. a. When deemed to be in the best interest of the County, the department head may request a Best and Final Offer (BAFO). Any request for a BAFO should be made following all pertinent discussions, questions, and all addendums made to clarify full understanding of, and responsiveness to, the solicitation requirements. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. All pricing and information shall remain confidential until the successful proposal is accepted by the Board of County Commissioners. 1. Best and Final offers shall be requested in writing. The request shall include: a. Notice that discussions are concluded. b. Notice that this is an opportunity to submit a Best and Final Offer. c. A due date for submission of the Best and Final Offer. 3 Step 3: Interview. The purpose of Best Value is to ensure quality for the best price, so if all the bidders' proposals meet the specifications provided in the RFP, the department head may decide to conduct interviews. 4 Step 4: Award. The Department Head or elected official shall recommend the Board of County Commissioners award the contract to the most qualified bidder. If the bidder's proposal does not meet the specifications of the RFP, the department head or elected official may start the process over again or do a BAFO again. D Approval of QBS and Best Value Contracts. 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 to the Board of County Commissioners for approval and specific Board action. No QBS-negotiated contract shall be approved except through this process. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-1 ; Weld County Code Ordinance 2019- 08 ) Sec. 5-4-155. Bid protest. A. The protest shall be submitted, in writing, to the Purchasing Department during the bid process or when the aggrieved vendor knows, or should have known of, the factors giving rise to the bid protest, or within five (5) business days after award, whichever is earlier. 1. The written formal protest must contain a minimum of the following: a. A specific identification of each alleged act and the statute or section of the Weld County Code that the purchasing staff member or department is alleged to have violated. b. A precise statement of the relevant facts that include time -lines and all involved parties. c. An identification of the issue or issues that need to be resolved that support the protest. d. Any documentation or contractual provision(s) which is relevant to the protest. 2. The Controller or designee shall review any timely protest and attempt to resolve the protest by mutual agreement. The Controller or designee shall notify the aggrieved vendor, in writing, of its findings and resolution. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 18 of 25 3. If the aggrieved vendor is not satisfied with the Controller or designee's resolution, it may appeal the decision in accordance with Section 2-4-10 of this Code. (Weld County Code Ordinance 2016-14 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-160. Product standardization. All materials, supplies and equipment purchased by the County will be standardized whenever in the best interest of the County. A. On an as -needed basis, a County standards committee will be established by directive of the Board of County Commissioners. The purpose of the committee will be to aid the purchasing agent in conducting the standardization program and to establish purchasing policy in the various commodity fields that lerd themselves to standardization. The main benefits of standardization are better prices through quartity purchases of fewer varieties of materials and the selection of materials which are best suited fcr County use. Standardization is the good faith development of the Single Source determination. Sec. 5-4-165. State and federal grant funded procurement projects. Procurement of all supplies, equipment, and services utilizing state or federal funds (e.g., federal grant or contracts) shall be made in accordance with this Code and any terms and conditions of the funding source. Appendix 2-E provides general guidance for purchases utilizing state and federal funds. Sec. 5-4-170. Disposal of surplus property. A. This procedure shall be used for disposing of all County -owned material, equipment and supplies except for property seized by the Sheriff's Office. B. All departments shall submit to the Department of Accounting, on an annual basis, a report showing stocks of all supplies, materials and equipment which is no longer used, or which has become obsolete, worn out, or scrapped. The Department of Accounting, with the approval of the Board of County Commissioners, shall have the authority to sell all such supplies, materials and equipment which cannot be used by any department, or which have been found by the Board not to be required for public use, or to exchange or trade in such articles in part or full payment for new supplies, materials or equipment of a similar nature. C Estimated sales in amounts or estimated amounts of fifty twenty-five thousand dollars ($'30 ,000.00) or more shall be formally advertised, sealed bids shall be taken, and the bids received shall be submitted to the Board of County Commissioners for award. Sale by public auction may be used in lieu of sealed bids. When public auction is used, the Controller or designee and department representatives may establish a minimum gross amount prior to the auction. Sealed bids or public auction shall be used to the maximum extent possible; however, estimated sales in amounts of less than fifty twenty five thousand dollars ($5025,000.00) shall be made by in-cormal procedures calculated to achieve maximum benefit to the County. Revenue received from said sales shall revert to the appropriate fund. D. Transfer of supplies, materials and equipment between departments shall result in a debit and credit to the accounts of the departments involved, provided that the departments are within the same fund. The value of the items transferred shall be established by the Controller or designee to the mutual satisfaction of the department heads involved. An inventory transfer slip shall be filled out, signed by both department heads and forwarded immediately to the Department of Accounting. E Transfer of supplies, materials and equipment between departments in different funds shall result in a journal entry being written from one (1) fund for deposit in the other fund by the Department of Accounting. Created: 2022-12-09 15:06:40 [EST] (Supp. No. 79) Page 19 of 25 F No supplies, materials, or equipment shall be sold or otherwise disposed of without prior approval of the Board of County Commissioners and/or the Controller or designee. G Nothing contained herein shall be construed to prohibit the return of unused materials, supplies or equipment which are surplus to the requirements of the County. Materials, supplies, or equipment may be returned with or without a restocking charge if this method of disposal will result in a higher benefit to the County. All materials, supplies, or equipment returned shall be reported to the purchasing agent. H. In the event no bids are received for the sale of surplus property, the Controller or designee may negotiate a sale. Final negotiated sale must be approved by the Board of County Commissioners. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-180. Payments. A. All bills paid by the County are paid through the Accounting System and fall into one (1) of the following categories: 1. Direct pay is a payment generated without system -generated purchase order. Expenditures in this category do not have a requisition due to departmental spending limits and procedures identified in Section 5-4-60. A list of other expenditures for which Direct Pay can be used listed in Section 5-4-80. 2. Regular pay —Payment with system -generated purchase order. Expenditures in this category require a purchase order. 3. Procurement Card (P -Card) purchases using issued credit card with settlement at end of each month. B Upon approval of the Controller, or Director of Finance and Administration, an expenditure without a requisition and purchase order may be paid if, in his or her opinion, circumstances warrant payment. C No demand for money against the County shall be approved, allowed, audited, or paid unless it shall be in writing, dated, and sufficiently itemized to identify the expenditure. D. 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. E 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. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-190. 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 provide P -Card holders with empowerment to choose. Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 20 of 25 B. General guidelines. In order to provide appropriate internal controls on P -Card purchases, department heads will not be issued P -Cards. This policy will insure that all purchases or uses of a P -Card in the county by a county employee are being reviewed and signed off on by a higher authority in the department or office. 1. P -Card users must comply with all other applicable sections of this Purchasing Policy, including, but not limited to, Section 5-4-60 of this Article, 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 Since each P -Card is linked to a specific area number and individual cardholder, the card cannot be transferred from one P -Card holder to another. c Upon receipt of the P -Card, the P -Card holder must activate the account by calling the toll - free number printed on the card. For verification purposes, the P -Card holder will be asked to provide his or her unique identification number. 1) Although the card is issued in the P -Card holder's name, his or her personal credit history will not affect the ability to obtain a card. d. The County is responsible for payment of all purchases. 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 Controller or Assistant Controller 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. When using the P -Card, inform the merchant 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 P -Card holder's name listed in the "ship to" field. The receipt/packing list needs to be turned in with all other receipts for the month to the approver. 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 Con :roller or Assistant Controller. 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 Controller or Assistant Controller in the Accounting Department. Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 21 of 25 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 Controller or Assistant Controller to modify the restrictions on an employee's use of the P -Card. NOTE: All requests for changes in limitations and restrictions must be made through the Controller or Assistant Controller. 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 Controller or Assistant Controller. a. Immediately after reporting to customer service at the issuing bank, a P -Card holder must inform the Controller or Assistant Controller. 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. As with a personal charge card, the P -Card holder 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 once the Controller or Assistant Controller is notified, with delivery within ten (10) days. 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. 3. Computer supplies, e.g., diskettes. 4. Travel -related expenses (lodging, airfare, transportation to/from hotel/airport, parking). 5. Miscellaneous items, limit of two hundred dollars ($200.00) per item. 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 being inappropriate for County funds. 5. Meals, with the exception of meals served in conjunction with a business meeting hosted by Weld County, e.g. Planning Commission lunch, Communications Advisory Board, etc. 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. Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 22 of 25 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. The Accounting Department is responsible for paying the invoice each month, and the P -Card holder is not responsible for direct payment under his or her account. 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. 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, etc., and be included with the goods mailed or shipped. A P -Card holder should request a fax of the receipt prior to the goods being shipped, to ensure that 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 P -Card holder must contact either the merchant or the bank to resolve the disputed transaction. 1. If the merchant has charged incorrectly, or there is an outstanding quality or service issue, the P - Card holder 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 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 in 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. If the dispute is not resolved satisfactorily and a P -Card holder believes the merchant has unfairly treated him or her, the Controller or Assistant Controller should be notified with the relevant details. Further action may be taken as deemed appropriate. 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. Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 23 of 25 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. If the P -Card holder makes a purchase and sales tax is charged (except on meals), the P -Card holder 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 or Assistant Controller. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2016-3 ; Weld County Code Ordinance 2019- 08 ) Sec. 5-4-200. Audit and enforcement responsibilities. A. The responsibility for purchasing policy resides with the following: 1. Department Heads will: a. Review and initiate Requisition requests. b. Ensure funding is available in budget prior to initiating Requisition requests. c. Ensure the rules of the procurement process are being followed by staff. d. Make purchases in the best interest of the County. 2. The Controller or designee will: a. Ensure rules of the procurement process reflect current practices and are being followed by staff. b. Ensure quotes are recorded/retained for review. c. Review purchase orders. d. Review any increases to purchase orders to ensure any change orders follow the procurement process. e. Review Purchasing Card transactions to verify that policy is being followed. f. Verify funding is present in budget during requisition process. g. Verify funding is present in budget for purchase order increases. 3. Controller will: a. Review Purchasing Card transactions to verify that policy is being followed. b. Verify funding is present in budget during requisition process. c. Verify funding is present in budget for purchase order increases. 4. Director of Finance and Administration will review expenditures in relation to budgeted amount. B County employees at all levels are responsible for adherence to all sections of the procurement policy. Examples of improper use of purchasing authority include: Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 24 of 25 1. Stringing or splitting a large purchase into two or more smaller orders in order to avoid bid requirements. 2. Conflict of interest and/or poor ethical conduct. 3. Not processing a purchase utilizing the Requisition to Purchase Order process. 4. Improper, misleading, or deceptive use of the Sole Source Justification or Bid Documentation. a. Individuals will be subject to disciplinary action for failing to handle purchases according to policy and elimination of delegated purchasing authority for the individual or department. b. Employee may be recommended for discipline through the Department of Human Resources. ( Weld County Code Ordinance 2015-2 ; Weld County Code Ordinance 2019-08 ) Sec. 5-4-210. Procurement by the Department of Fleet Services. The Weld County Department of Fleet Services shall purchase all fleet resources, including, but not limited to, vehicles, equipment, tires, fuel, parts, services for all County Departments, and fleet uniforms. All purchases shall be conducted in accordance with the policy and procedures set forth in this Chapter. All non -fleet purchases related to facilities, technology equipment hardware/software, office supplies, etc., shall be purchased by the Department of Purchasing. The Director of Fleet Services will determine if vehicles/equipment are at end of life and replacement is justified. The Director of Fleet Services will determine and streamline the most effective vehicle configuration and specifications to minimize maintenance, inventory and training costs through standardization of equipment. Created: 2022-12-09 15:06:41 [EST] (Supp. No. 79) Page 25 of 25 Hello