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Home My WebLink About20192581.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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 Controller". Amend Sec. 5-4-10. Statement of policy. A. thru H. - No change. 4511403 Pages: 1 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I��I�J�4Mr�l'I'hl�+:N�ti�i�+kL��L��L'4 «M 'ABM II PAGE 1 ca= GT(3(LGICH), ca. (Se)), r- =COwrJo), o..cTfpCrCD), Pc23( aR/CHJsm), e.GC1T(SCp) o5s(O,/19 or Assistant 2019-2581 ORD2019-08 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. 4511403 Pages: 2 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO PAGE 2 2019-2581 ORD2019-08 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. 4°511403 Pages : 3 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II PAGE 3 2019-2581 ORD2019-08 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. PAGE 4 4511403 Pages: 4 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 EVANPAT I h IMillilfi YhrOPYril 'Mk "Ill 2019-2581 ORD2019-08 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. PAGE 5 4511403 Pages: 5 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I�.rRyl�K�iGLh��ktii�F�Wti4Cl�1l��#iYrrh �I III 2019-2581 ORD2019-08 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 (SO()) 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. 4511403 Pages: 6 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l��RKI�MW' h 'aYf.I" h�L L1Lr��i�r +h 11111 r, G E 6 2019-2581 ORD2019-08 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: 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. Amend Sec. 5-4-70. Questioned purchase requisitions and purchase order changes. A. and B. — No change. PAGE 7 4511403 Pages: 7 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ii kirAIMIVIII ":fetl ikiNkflirviD :i lit& Bill 2019-2581 ORD2019-08 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 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 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 $25,000 will require approval from the Board of County Commissioners. Add 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 $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. PAGE 8 4511403 Pages : 8 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII "Ill 2019-2581 ORD2019-08 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. PAGE 9 4511403 Pages: 9 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-2581 ORD2019-08 VIIIliPd K1NNIL�1�'Ri��4r�s'hy��hNG�M'�F .Yi �IIII 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. 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. PAGE 10 4511403 Pages: 10 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MMI CMS VIII ��M�'1R�till AMMO' fl li��l� 1�ly14 �I II 2019-2581 ORD2019-08 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: PAGE 11 4511403 Pages: 11 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO rdIrltlik: kirtr, ldi kwriM r are IM 2019-2581 ORD2019-08 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. 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. PAGE 12 4°311403 Pages: 12 of 17 08/02/Koppes, Clerk 20011'9 01:10 1 PM P FFeee': $0.00 III FIAT LOAM Recorder,� y�'K/0IIAlRi� co 2019-2581 ORD2019-08 WD COUNTY, COLOR/DO 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 ATTEST: dartitA) Weld County Clerk to„e Board De • ty Clerk to the Board AP'' • ED AS YM: First Reading: May 29, 2019 Publication: 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 4511403 Pages: 13 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •I H PAGE 13 Date of signature: .1/141 2019-2581 ORD2019-08 APPENDIX 5-T Contract Provisions 7Administrative, Contractual or Legal Remedies nTermination for Cause and for Convenience Equal Employment Opportunity Davis Bacon Act — a. Anti -Kickback Act. (Contract Work Hours and Safety Standards Act 7Rights to Inventions Made Under a Contract or Agreement ❑Clean Air Act fDebarment and Suspension ❑Byrd Anti -Lobbying Amendment 4°311403 Pages: 14 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII rdIVIrilt + iii:I a NIMilli LrN r: N lil% IA 11111 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 4511403 Pages: 15 of 17 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII N��'��d�w� �1ML4 A+.4V Jh�lEwrl� M+LN AM' 1 11111 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. 4511403 Pages: 16 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INrdIIV I1I1O11 ii IL' 4tYal,B AN IA III II Add APPENDIX 5-V Table 1. Guidelines for Purchases rocurement Methoca Delivery Method ' "� Pricing Method Additional Items Contract • Request for Bid • Design -Bid -Build • Low Bid • Disadvantage (RFB) (DBB) • Lump Sum Business • Request for • Design -Build • Fixed Contract Enterprise (DBE) Qualifications (DB) Price • Bonding (RFQ) • Construction • Cost -Plus • Anti -Collusion • Request for Manager at Risk • Best Value • Prevailing Wage Proposal (RFP) (CMAR) • Negotiated • Taxpayer • Sole Source • Construction (QBS) Identification • Single Source Manager/Gener al Contractor • Guaranteed Maximum Price • (IRS CDOT W-9) Bidders (CM/GC) • Best and Final List • Other Offer • Antitrust claims • Unit Price • CDOT Capability • Time and Statement Materials • Insurance • Price • Buy America Time Quantity • Minority and • Alternate Bid Women Owned Items Business • Other Enterprise • Minority Business • Labor Surplus Area Firms • Contingency • Debarment Verification • On -The -Job (OJT) Training • Other 4511403 Pages: 17 of 17 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld county, CO ,�1�1,��M ilii Ill II l� �1��'� 141'� �I I'�M�� Cheryl H ff . d P Cc: Subject: Rob Turf; Barb Connolly Esther Gesick RE: Ord2019-08 - Procurement Policy Thanks, Rob. We'll work with,unicode to get that taken care of. Cheryl Hoffman Deputy Clerk to the B and Weld County Clerk to the t3ar 11500 Street Greeley, CO 80631 970.400.4227 Y. Office 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: Rob Turf <rturf@weldgov.com> Sent: Friday, October 25, 2019 1:42 PM T.: Cheryl Hoffman <choffman@weldgov.com>; Barb Connolly <bconnolly@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: Ord2019-08 - Procurement Policy Thanks Cheryl, !t should read Request f Best, 11 r P u tats; { Quot uotati n 1-5 Rob Turf Title: Purchasing Manager Department: Purchasing Address: 1150 "0" Street Greeley, CO 80631 tel: 970-400-4216 fax: 970-336-7226 tation/Quote is an offer in res a 11�J' So the word is as sup sed t nsto a read "in." 1 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 Hoffman <choffman@weldgov.com> Sent: Friday, October 25, 2019 1:35 PM To: Barb Connolly <bconnolly@weldgov.com>; Rob Turf <rturf@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.corn> Subject: Ord2019-08 - Procurement Policy Good afternoon, Barb and Rob. Municode has put this one online and other than a few corrections, it's good to go. On page 5, however, "Quotation/Quote" definition doesn't appear to make sense. How do you want the first sentence to read? If it's a small clerical error, we may be able to correct it; however, if it's any more than that, it will have to be addressed in a "clean up ordinance" at a later date. Just let Esther and me know. Thanks! Cheryl H.f/man Deputy Clerk to to - e B •, a r Weld County Clerk t the 1150 O Street Greeley, C 8x631 970.400.4227 •.s 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 2 WELD COUNTY CODE ORDINANCE 2019 Jae' (wdlL Atutatt„) 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 men`, Sec. 2-16-40, Sec. 2-16-50 and Sec. 2-16-60 to change "Director of Gen Services" to "Controller". CHAPTER 5 REVENUE AND FINANCE r 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 " -Card Administrator" to "Controller or Assistant Controller". Amend Sec. 54-10. Statement of policy. A. thru H. — No change. PAGE 1 2019-2581 ORD2019-08 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. PAGE 2 2019-2581 ORD2019-08 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. PAGE 3 2019-2581 ORD2019-08 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. PAGE 4 2019-2581 ORD2019-08 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. PAGE 5 2019-2581 ORD2019-08 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. PAGE 6 2019-2581 ORD2019-08 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: 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. Amend Sec. 5-4-70. Questioned purchase requisitions and purchase order changes. A. and B. — No change. PAGE 7 2019-2581 ORD2019-08 C. The Controller or designee has the authority to authorize the purchase of the item requisitioned or the increase in the purchase order. a 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. S I > S u rce urce-purchases. Purchases may be exempt from the quote and bid process if there is -one app-reigr-i-aie ve-ndor no, competitive marketplace for the requiremelint. 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. The Purchasin g Je Dartrnent will maintain records of all Sole Source .ustifications. Purchases over $25 030 will require spproval from the Board of County Commissioners. 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. 54-160. 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. Th-e-Pu F sing -D men£ (`� "`'a.•" �''��_'�_'. 1�'Q G (� `�v � i °C9`r° �„'N— � �� 'q'� C�`.q � ` � � P''��'^.x°,' —Sole '� � P�(��' �••� ,/�'�n rr" �� jr�!F`'t S`�—_ �, 8 �'q��,v,� 7 •"<.a `�JGrds— 9—a1 4 S R f'� e Sou ] tio-�"t' �L•.Si u_�- a ! i i� a tii 6 0 ��l . A of % S o �' 3 Y - o -r �i a C u -r �s o?urchases over $25,000.00 will require approval from the Board of County Commissioners. Amend Sec. 5W - ®110. Eerc.;e cy p,. rchases. 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 Pragraph 5-4-10.H.5 of this Article. Remainder of Section — No change. Amend Sec. 5-4-120. Procurer nt by the e artment of Inf • rmation 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. PAGE 8 2019-2581 ORD2019-06 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. PAGE 9 2019-2581 ORD2019-08 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. 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. PAGE 10 2019-2581 ORD2019-08 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: PAGE 11 2019-2581 ORD2019-08 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. 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. PAGE 12 2019-2581 ORD2019-08 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-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Steve Moreno Date of signature: First Reading: May 29, 2019 Publication: 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 13 2019-2581 ORD2019-08 APPEN 5-T Contract Provisis P4`'�+ ` S S Le • ; � .` ....' . q` , YJ (3 .` St f Lj.h4r.'�S if 2� �w'.. d- ..•1.,� 5 y:� 'Ts—d>�S.�v _ `. i r •v. w :6 � r y �""u •'� �.+ J . � � 4 F in Uea �.ti d �" e� G!'��'« ��y,,t��; '�.�.. '� °�.([/�, a �� ,��L � ...�. .?�Jyj'¢ :� �' r��1}� � �, �,�; A.m�lry, �.� <�' � r �.`/"J�{:��3 ``� .� �. �,F�� ,.�',�' �'1�"�. � �t' �„ P'r/�f��L,�1- G 4"`�, t-9 xf� Ord' S!4 S d"bv,"i ,.-",F '.l"��f`a �:nn'w'```.t�i �(ii `: 1/4. P '�b'f I�- o �n t a d ` . l�r- e hcd� 'b f r -e, r �Cw ASP oirece PP rafeaferahrin- pa Administrative, Contractual or Legal Remedies Termination for Cause and for Convenience Equal Employment Opportunity - °--4e-ase-see4heat4a-eh` - aFd- - �-n44 thakiar f--1-at+&e f , far e i a -a er 4 n H -a ge e, --bL -ERcu 14Jl',.; d do e v •`Q��®j/;%��'' �jf�� Q'(��* ?�}/^ Re e e- c� E (��. - ^�',,�'C��^�( $I -j': �r e d e r 1 6^ 6 tl `�✓ �-L �s.'• �.a'• Y�.-j �- "L. � "-i�•L-'" l�"-�� 3 "C✓'-, d �'"� Vii' V'... hJ 1. `.* '1rd . Davis Bacon Act - cal .f-HWAJ —L. tl p. a r d4c-t? t 6" ..g4 hre Re " an -g a .e en. y -a —F e co --r a-i Hg -ha 9 ..0 -r me n n -•- T ement f ad `.i', g ' -'uR- e--'�` l t - r . l a. C v__,,�q��i .,.�� ...� r �`j� . p'`e d f D» 9 CLr sip a 9 d_ u a K e a ia'a`�0 �� c u 4d,�JJ u iy""„ `` �`s u a..`u+`3r�R." s��: �'" ""'l�a� r d 1 t f +AuG i "u e _p"1 , g vj v3 d" `n 'e4 `J t �: 5 ✓!a 2 �� _9 "� d' e b. d". y d d 3 2 " 5"®. G fi` �d b ry e a o �-d, �.4'. -P""�(`�e'€�-� 5 fl 7•"��P��`,�4�i�»�a.,,,"`� �'�te-s�p a. Anti -Kickback Act -m4) .ease -see[ ernau Contract Work Hours and Safety Standards Act Rights to Inventions Made Under a Contract or Agreement — this- s- ,rptca4, i _ no -t -a• iffe-Vi-Ste "`i d'. - f E-4."1"42-'4:✓d44---G 0- S `9`"-�sJd i 5' 6 �s. —n b e the c n 5. G3' af"'� ic4 a.""'_l1' ... d'r —eve prij.d r„ a —b e nc ad4 baHI-`'- § Tom+ - V. 4 8'lf d S` 9 c, F_p_rr wmetarn-- _e- 4.. , ' n 7/ f� P 0 `\ y- .0 -h -a e--p�e+ea.-` raillE" t" 'V �1' o9 'dve.& 6. r . Clean Air Act --MI -o r+E t? - Debarment and Suspension —3;`"i-s i eitrIGAC ry repo € t4 - -.d.y aL 31 _ sub- re c-p+ent�- - s °� e4 eaa r to n� q _Se.wa e t -II t 4 --be n. Byrd Anti -Lobbying Amendment -p ve -n la " --may t` � - el A -Rib--b. �n- e. -c- -f4c-a ern ka c " " s - u e --be _ 3ek& d- � - a- lr e- b to d"o u -r -. a n- 9- -�� i � � n�_b� �sn{ -.a -1 -d r Ant ao -Y � -n-g 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. dPPE `D :' "�c Table 1. Guidelines for Purchases rocurernent et o • Request for Bid (RFB) • Request for Qualifications (RFQ) • Request for Proposal (RFP) Sole Source Single Source e ivery et o • Design -Bid -Build (DBB) Design -Build (DB) • Construction Manager at Risk (CMAR) • Construction Manager/Gener al Contractor (CM/GC) Other ricrng ' e o Low Bid Lump Sum Fixed Contract Price Cost -Plus Best Value Negotiated (QBS) Guaranteed Maximum Price Best and Final Offer ® Unit Price Time and Materials Price Time Quantity Alternate Bid to 40 Items Other i • 1 Iona on rac Items • 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 Hello