HomeMy WebLinkAbout20192256.tiffWELD COUNTY
CODE ORDINANCE 2019-08
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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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
Amend Sec. 2-16-40, Sec. 2-16-50 and Sec. 2-16-60 to change "Director of General
Services" to "Controller".
CHAPTER 5
REVENUE AND FINANCE
ARTICLE IV - Purchasing Policy
Amend Sec. 5-4-10, Sec. 5-4-50, Sec. 5-4-60, Sec. 5-4-70, Sec. 5-4-80, Sec. 5-4-140, Sec. 5-
4-150, Sec. 5-4-170 to change "Director of General Services" to "Controller or designee".
Amend Sec. 5-4-190. to change "P -Card Administrator" to "Controller or Assistant
Controller".
Amend Sec. 5-4-10. Statement of policy.
A. thru H. — No change.
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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:
Remainder of I and J. — No change.
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.
Amend 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. — No change.
B. During the course of business, it is recognized that the individual departments will need to
conduct analysis of products in regard to quality, costs, flexibility, and applicability. Therefore,
individual departments may solicit visits from supplier(s) for demonstration purposes.
Remainder of Section — No change.
Amend 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 100% of the work being sub -contracted.
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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.
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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 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.
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 $5,000.00.
2. Informal Purchases are those transactions of $5,000.00 and up to $25,000.00.
3. Formal Purchases are those transactions greater than $25,000.00 and must be
processed through the Purchasing Department.
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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 is 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 (RFI): 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 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.
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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.
8. 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 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
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.
SupplierNendor. A SupplierNendor 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.
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.
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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. — No change.
B. Informal Purchases. Purchasing authority has been delegated to the Department head of each
Department for those transactions between $5,000.00 and $25,000.00 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.
Remainder of B thru C.7.d. — No change.
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:
4-a. Notice that discussions are concluded.
2b. Notice that this is an opportunity to submit a Best and Final Offer.
3c. 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.
Amend Sec. 5-4-70. Questioned purchase requisitions and purchase order changes.
A. and B. — No change.
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C. The Controller or designee has the authority to authorize the purchase of the item
requisitioned or the increase in the purchase order.
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.
Amend Sec. 5-4-90. Sole Source and Single Source purchases.
Purchases may be exempt from the quote and bid process if there is only one appropriate
vendor. 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 vendor can supply the
commodities, technology and/or perform the services required by the County. 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. The Purchasing Department will maintain records of all
Sole Source justifications. Any Sole Source or Single Source purchases over $25,000.00 will
require approval from the Board of County Commissioners.
Amend 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.
Remainder of Section — No change.
Amend 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.
Delete Sec. 5-4-125. Procurement by the Department of Public Safety Communications.
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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 (>$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. thru F. — No change.
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.
Amend Sec. 5-4-150. Qualification -based selection process for professional services.
A. thru B. — No change.
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.
2. Step 2: A Request for Proposal (RFP). The department head or elected official shall
provide a RFP to each of the individuals/firms on the short list, who shall be required to
attend a mandatory pre -proposal meeting. The review team shall review all proposals
according to the criteria provided in Appendix 5-R and may interview the bidders.
a. — No change.
1.a. thru c. — No change.
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.
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Amend 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.a. thru 1.d. — No change.
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.
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.
Amend 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 lend themselves to standardization. The main benefits of
standardization are better prices through quantity purchases of fewer varieties of materials
and the selection of materials which are best suited for County use. Standardization is the
good faith development of the Single Source determination.
Amend Sec. 5-4-165. State and federal grant funded procurement projects. — No change.
Amend Sec. 5-4-170. Disposal of surplus property.
A. — No change.
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 twenty-five thousand dollars
($25,000.00) 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-five thousand dollars ($25,000.00) 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.
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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. — No change.
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.
Remainder of Section — No change.
Amend Sec. 5-4-180. Payments.
A.1. thru A.3. — No change.
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.
Remainder of Section — No change.
Amend 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. thru G.5. — No change.
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.
Remainder of Section — No change.
Amend Sec. 5-4-200. Audit and enforcement responsibilities.
A. The responsibility for purchasing policy resides with the following:
1. Department Heads will:
a. thru d. — No change.
2. The Controller or designee will:
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a. thru d. — No change.
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.
Remainder of Section — No change.
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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.
The above and foregoing Ordinance Number 2019-08 was, on motion duly made and
seconded, adopted by the following vote on the 8th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
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First Reading:
Publication:
May 29, 2019
June 5, 2019, in the Greeley Tribune
Second Reading: June 17, 2019
Publication: June 26, 2019, in the Greeley Tribune
Final Reading: July 8, 2019
Publication: July 17, 2019, in the Greeley Tribune
Effective: July 22, 2019
PAGE 14
2019-2256
ORD2019-08
P
EN 5T
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Contract Pr visions
*Vease see the attached Appendix -E to rt 700 Contract Provisions for ion=F dera Entuty
Contracts Under Fedoras Awards rds for derad r [Wien ents, see "CFR=2OU =part200 app II -
Contract Provlswwns".
Administrative, Contractual or Legal Remedies
Termination for Cause and for Convenience
Equal Employment Opportunity — Please see the attached word document titled,
"Federal Equal Opportunity Clause" for exact language to be included in every Federal
contract. I have also attached the most recent executive order dictating the new language
for reference, see "EEO — Executive Order 13665".
Davis Bacon Act — Please note, this is typically only a Federal Highway Administration
(FHWA) requirement and NOT a FEMA requirement. If adding this to your procurement
code, I would make sure to include a similar caveat that is captured in 'Part 200 — Contract
Provisins' sthat this is not a requirement for all federally funded projects by including it
in the code. The guidance states, "When required by Federal program legislation°°."
a. Anti -Kickback Act — Please see language included in the guidance under
subsection (D).
Contract Work Hours and Safety Standards Act
Rights to Inventions Made Under a Contract or Agreement — this is typically not a
provision that is included in construction projects but would be nice to include in the event
you have a project that fits this provision.
Clean Air Act — This is one the auditors are always looking for and should always be
included.
Debarment and Suspension - This is the provision that requires the sub -recipient to
check sam.gov to ensure the potentially selected contractor is not ;n any debarment lists. I
would also add a requirement in your code that the results should be saved in the County's
records.
Byrd Anti -Lobbying Amendment — I've included the Byrd Anti -Lobbying certification that
should be included in the bid documents and signed by all bidders, see "Byrd Anti -Lobbying
Certification."
Add APPENDIX 5-U
Updated Federal Equal Opportunity Clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
(3)
The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has
access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7)
In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency, the
contractor may request the United States to enter into such litigation to protect the interests
of the United States.
d
APPS
s
Ta
Rte,
s for
urchases
• Request for Bid
(RFB)
Request for
Qualifications
(RFQ)
• Request for
Proposal (REP)
Sole Source
Single Source
• Design -Bid -Build
(DBB)
• Design -Build
(DB)
Construction
Manager at Risk
(CMAR)
• Construction
Manager/Gener
al Contractor
(CM/GC)
• Other
Low Bid
• Lump Sum
® Fixed Contract
Price
Cost -Plus
® Best Value
Negotiated
(OBS)
Guaranteed
Maximum Price
Best and Final
Offer
• Unit Price
® Time and
Materials
Price Time
Quantity
® Alternate Bid
Items
O Other
• Disadvantage
Business
Enterprise (DBE)
Bonding
® Anti -Collusion
Prevailing wage
Taxpayer
Identification
(IRS W-9)
CDOT Bidders
List
Antitrust claims
CDOT Capability
Statement
• Insurance
Buy America
Minority and
Women Owned
Business
Enterprise
Minority
Business
Labor Surplus
Area Firms
Contingency
® Debarment
Verification
• On -The -Job
Training (OJT)
Other
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