HomeMy WebLinkAbout20230891.tiffWELD COUNTY
CODE ORDINANCE 2023-04
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 the contracts and agreements listed in Sec. 2-1-120 A., below, and
any standard letter of assignment/consent.
Remainder of Section — No change.
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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 under fifty thousand dollars ($50,000.00).
2. All change orders to contracts for construction projects of up to five percent (5%)
of the original contract amount, not to exceed fifty thousand dollars ($50,000.00),
as provided in Section 5-4-140.D.
3. All contracts on behalf of the County for all equipment maintenance contracts
under fifty thousand dollars ($50,000.00).
4. All related contracts and license agreements for computer hardware and software
operating in the County under fifty thousand dollars ($50,000.00).
5. All computer -related agreements and documents to acquire and maintain
computer systems under fifty thousand dollars ($50,000.00).
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 fifty thousand
dollars ($50,000.00), 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 fifty
thousand dollars ($50,000.00) 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 fifty thousand dollars ($50,000.00), as provided in
Section 5-4-60.
Remainder of Section — No change.
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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.
2. Tipping is reimbursed at no more than 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, one piece of luggage and standard seat
assignment or early check -in fee will be reimbursed.
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 ten thousand dollars
($10,000.00).
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2. Informal Purchases are those transactions of ten thousand dollars ($10,000.00)
and up to fifty thousand dollars ($50,000.00).
3. Formal Purchases are those transactions greater than fifty thousand dollars
($50,000.00) 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 ten thousand dollars ($10,000.00) 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 thousand dollars ($10,000.00) 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 ten thousand dollars ($10,000.00) and
fifty thousand dollars ($50,000.00) 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 fifty thousand dollars
($50,000.00) 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 thousand dollars [$50,000.00]) 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 thousand [$50,000.00])
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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 fifty thousand dollars ($50,000.00) 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 thousand dollars ($50,000.00).
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.
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 fifty
thousand dollars ($50,000.00) will require approval from the Board of County 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
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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
thousand dollars ($50,000.00) 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 (>$50,000.00), 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 (<$50,000.00) 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 fifty thousand dollars ($50,000.00) (cumulative) to service
contracts can be approved by the department head or designee, or elected official.
Modifications over fifty thousand dollars ($50,000.00) (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
thousand dollars ($50,000.00) (cumulative).
Remainder of Section — No change.
Amend Sec. 5-4-170. Disposal of surplus property.
A. thru B. — No change.
C. Estimated sales in amounts or estimated amounts of fifty thousand dollars ($50,000.00)
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;
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however, estimated sales in amounts of less than fifty thousand dollars ($50,000.00) 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
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.
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The above and foregoing Ordinance Number 2023-04 was, on motion duly made and
seconded, adopted by the following vote on the 29nd day of March, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dddev jeigp;t1
Weld County Clerk to the Board
BY: ,J (/�/l,�►
APP
Deputy Clerk to the Board
County Attorney
Date of signature: O 4 /05
First Reading:
Rescheduled to:
Publication:
Mi eeman, Chair
siA/ek__
Perry L. B ck, Pro- em
EXCUSED
Scott K. Jam
i
evin D. Ross
Lori Saine/
February 22, 2023
February 27, 2023
March 3, 2023, in the Greeley Tribune
Second Reading: March 15, 2023
Publication: March 18, 2023, in the Greeley Tribune
Final Reading:
Publication:
March 29, 2023
April 1, 2023, in the Greeley Tribune
Effective: April 6, 2023
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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 $50,000.00; 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.
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