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Home My WebLink About20230521.tiffjziA-et �.-aa -a WELD COUNTY CODE ORDINANCE 2023-04 ea: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 2 ADMINISTRATION ARTICLE I - Board Procedures Amend Sec. 2-1-110. Authorizations. A. and B. — No change. C. The Chair of the Board of County Commissioners has standing authority and is authorized and directed to sign personal servicethe contracts under ten thousand dollars ($10000.00), as equipment and software purchase and agreements listed in Sec. 2-1-120 A., below, and any standard letter of assignment/consent. Remainder of Section — No change. PAGE 1 2023-0521 ORD2023-04 Amend 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 on behalf of the County for 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-#iveunder fifty thousand dollars ($2550,000.00). 5 All computer -related agreements and documents to acquire and maintain computer systems under twenty-fivefifty thousand dollars ($2550,000.00). 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. C. thru F. — No change. G. The Chair of the Board is delegated the authority to approve modifications under twenty- #+vefifty 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 ($2550,000.00), as provided in Section 5-4-60. Remainder of Section — No change. PAGE 2 2023-0521 ORD2023-04 ARTICLE XII - Miscellaneous Policies Amend 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. and B. — No change. 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. — No change. 1 I 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. C.3. thru D. — No change. E. For air travel, the cost of coach/economy airfare, and one piece of luggage and standard seat assignment or early check -in fee will be reimbursed. Cost or charge for seat assignment o . Remainder of Section — No change. CHAPTER 5 REVENUE AND FINANCE ARTICLE IV - Purchasing Policy Amend Sec. 5-4-40. Definition of terms. The following terms shall be used with the given definitions when used throughout this Section: Purchases: The term "Purchases" is defined and categorized as follows: 1. Small Purchases are goods and services for less than fiveten thousand dollars PAGE 3 2023-0521 ORD2023-04 ($510,000.00). Informal Purchases are those transactions of #+veten thousand dollars ($51 0,000.00) and up to twenty-fivefifty thousand dollars ($2550,000.00). 3 Formal Purchases are those transactions greater than twenty-fivefifty thousand dollars ($2550,000.00) and must be processed through the Purchasing Department. Remainder of Section — No change. Amend 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. A. Small Purchases. Purchasing authority has been delegated to the Department head of each Department for those transactions under fiveten thousand dollars ($510,000.00) 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 #+veten thousand dollars ($510,000.00) may be handled three (3) ways: 1. thru 3. — No change. B Informal Purchases. Purchasing authority has been delegated to the Department head of each Department for those transactions between #+veten thousand dollars ($510,000.00) and twenty-fivefifty thousand dollars ($2550,000.00) 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. thru 5. — No change. C. Formal Purchases. All vehicle purchases and purchases over twenty-fivefifty thousand dollars ($2550,000.00) 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 (twenty-five fifty thousand dollars [$2550,000.00]) when the best interest of the County so dictates. PAGE 4 2023-0521 ORD2023-04 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 (twenty-fivefifty thousand [$2550,000.00]) 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. Remainder of Section — No change. Amend 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. thru 23. — No change. 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 twenty-fivefifty thousand dollars ($2550,000.00) 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 twenty-fivefifty thousand dollars ($2550,000.00). 25. thru 31. — No change. 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. Amend Sec. 5-4-90. Sole source purchases. i 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. Purchases over twenty-fivefifty thousand dollars ($2550,000.00) will require approval from the Board of County PAGE 5 2023-0521 ORD2023-04 Commissioners. Amend 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 twenty- fivefifty thousand dollars ($2550,000.00) will require approval from the Board of County Commissioners. Amend 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 (>$2550,000.00), 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 (<$2550,000.00) on a case -by - case basis. A. thru C. — No change. 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 twenty-five fifty thousand dollars ($2550,000.00) (cumulative) to service contracts can be approved by the department head or designee, or elected official. Modifications over twenty-fivefifty thousand dollars ($2550,000.00) (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 twenty-fivefifty thousand dollars ($2550,000.00) (cumulative). Remainder of Section — No change. PAGE 6 2023-0521 ORD2023-04 Amend Sec. 5-4-170. Disposal of surplus property. A. thru B. — No change. C. Estimated sales in amounts or estimated amounts of twenty-fivefifty thousand dollars ($2550,000.00) 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 twenty-fivefifty thousand dollars ($2550,000.00) shall be made by informal procedures calculated to achieve maximum benefit to the County. Revenue received from said sales shall revert to the appropriate fund. Remainder of Section No change. Amend the following Sections to replace any reference of "Controller or designee" with "Chief Financial Officer or designee": 5-4-10.G, 5-4-10.1, 5-4-40.Purchase Order, 5-4-50.A, 5-4-50.F.1, 5-4-60.C.2, 5-4-60.C.8, 5-4-70.A, B, and C, 5-4-80.A.23, 5-4-95 (and replace "Assistant Controller" with "designee"), 5-4-140, 5-4-140. B.1.d, 5-4-140.C.1, 5-4-140.G, 5-4-150. B .1. c, 5-4-155.A.2 and 3, 5-4-170.C, D, F, and H, 5-4-180.B, 5-4-190 (replace "Assistant Controller" with "designee"), 5-4-200.A.3 (Amend to read: Controller or designee will:) Amend Appendix 5-L Required Bid Amount - ATTACHED BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they PAGE 7 2023-0521 ORD2023-04 currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2023-04 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D.; 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: First Reading: Rescheduled to: Publication: Second Reading: Publication: Final Reading: Publication: Effective: Scott K. James Kevin D. Ross Lori Saine February 22, 2023 February 27, 2023 March 3, 2023, in the Greeley Tribune March 15, 2023 March 18, 2023, in the Greeley Tribune March 29, 2023 April 1, 2023, in the Greeley Tribune April 6, 2023 PAGE 8 2023-0521 ORD2023-04 APPENDIX 5-L REQUIRED BID AMOUNT Pursuant to Article XIV, Section 14-9, Section 5 of the Weld County Home Rule Charter, written, sealed bids and a ten-day period for consideration and investigation of the bids are required for purchases in excess of an amount set annually by the Board of County Commissioners by ordinance. Through repeal and reenactment of this Appendix, the amount set for the year 2023 is $2550,000.00; however, the amount is $150,000.00 for all contracts for a disaster emergency event in the case where a declaration of disaster is made by the Board of County Commissioners. PAGE 9 2023-0521 ORD2023-04 Hello