HomeMy WebLinkAbout20163448.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-14 was introduced on
first reading on November 7, 2016, and a public hearing and second reading was held on
November 28, 2016. A public hearing and final reading was completed on December 19, 2016,
with no change being made to the text of said Ordinance, and on motion duly made and seconded,
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE,
OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 2, 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 22, 2016
PUBLISHED: December 28, 2016, in the Greeley Tribune
Affidavit of Publication
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2016-14 was introduced on first reading on November 7,
2016, and a public hearing and second reading was held on No-
vember 28, 2016. A public hearing and final reading was com-
pleted on December 19, 2016, with no change being made to the
text of said Ordinance, and on motion duly made and seconded.
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submit-
ted to the Board of County Commissioners concerning this mat-
ter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Admin-
istration Building, 1150 O Street, Greeley, Colorado, between the
hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page
(www.co.weld.co.us). E -Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please
send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINIS-
TRATION AND CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE
EFFECTIVE DATE: January 2, 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 22, 2016
The Tribune
December 28, 2016
STATE OF COLORADO
County of Weld,
I Kelly Ash
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice wa.s published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty -Eighth day of December A.D. 2016 and
the last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -Eighth day of December A.D. 2016 that
said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
December 28, 2016
Total Charges: $11.05
28th day of December 2016
My Commission Expires 2/14/2019
Notary Public
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-14 was introduced on
first reading on November 7, 2016, and a public hearing and second reading was held on
November 28, 2016, with no change being made to the text of said Ordinance. A public hearing
and third reading is scheduled to be held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colorado 80631, on December 19, 2016.
All persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE,
OF THE WELD COUNTY CODE
DATE OF NEXT READING: December 19, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 2, 2016
PUBLISHED: December 7, 2016, in the Greeley Tribune
Affidavit of Publication
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2016-14 was introduced on first reading on November 7,
2016, and.a public hearing and second reading was held on No-
vember 28. 2016, with no change being made to the text of said
Ordinance. A public hearing and third reading is scheduled to be
held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colo-
rado 80631, on December 19, 2016. All persons in any manner
interested in the next reading of said Ordinance are requested to
attend and may be heard. Please contact the Clerk to the
Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you
require reasonable accommodations in order to participate in this
hearing. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this
matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Admin-
istration Building, 1150 O Street, Greeley, Colorado, between the
hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page
(www.co.weld.co.us). E -Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure
inclusion of your E -Mail correspondence into the case file, please
send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINIS-
TRATION AND CHAPTER 5 REVENUE AND FINANCE. OF
THE WELD COUNTY CODE
DATE OF NEXT READING: December 19, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 2, 2016
The Tribune
December 7, 2016
STATE OF COLORADO
County of Weld,
I Kelly Ash
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Seventh day of December A.D. 2016 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Seventh day of December A.D. 2016 that said
The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
December 7, 2016
Total Charges: $12.90
7th day of December 2016
My Commission Expires 2/14/2019
�1E L'NL.cARTIEZ
NOTARY PUBLIC
STATE OFCOLORADO
NOTARY ID 20074006708
MY C0MMISSK)N EXP PES FEBRUARY 14, 2019
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-14 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
November 7, 2016. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, on November 28, 2016. All persons in any manner interested in the
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE,
OF THE WELD COUNTY CODE
DATE OF NEXT READING: November 28, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 10, 2016
PUBLISHED: November 16, 2016, in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2016-14
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
2016-3448
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. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on
actions taken by County boards, commissions and departments. Except for decisions made by
the Board of Adjustment and Uniform Building Code Board of Appeals, procedure for appeals
shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the
Board of County Commissioners shall file such a complaint, in writing, with the Clerk to
the Board within sixty (60) days of the incident in question. Appeals concerning
purchases or procurements made in accordance with Chapter 5, Article IV, of this Code
shall be filed within five (5) days of the incident in question.
Remainder of Section — No change.
Add APPENDIX 2-E. STATE AND FEDERAL FUNDED PROCUREMENT PROJECTS
POLICY STATEMENT
The procurement of all supplies, equipment and services utilizing state or federal funds
(e.g., federal grant or contract) shall be made in accordance with this Code and any terms and
conditions of the funding source. Vendors are responsible for compliance with applicable state
or federal requirements. Should this Code conflict with the state or federal funding source terms
and conditions, the procurement will be made in accordance with the specific funding source
requirements.
Possible requirements of state and federal funding may include, but are not limited to, the
following:
A. When possible and economically feasible, the County shall take the following six (6)
affirmative steps to assure that minority business, women's business enterprises, and
labor surplus area firms are included in the procurement process (source 2 CFR 200.321):
1. Placing qualified small and minority businesses and women's business enterprises
on solicitation lists.
2. Assuring that such firms are solicited whenever they are potential sources.
3. Dividing total requirements into smaller tasks or quantities to permit maximum
participation by such firms.
4. Establishing delivery schedules which encourage participation.
5. Using the Small Business Administration, and the Minority, Business Development
Agency of Department of Commerce.
6. Requiring prime contractors to take these steps in subcontracting.
B. The County shall review procurement requests to avoid duplicative or unnecessary
purchases. The County shall consider consolidating or breaking out procurements to
obtain a more economical purchase. The County shall consider lease versus purchase
where appropriate (source 2 CFR 200.318(d)).
C. Federal procurements shall not have a geographic preference included in the bid or RFP,
except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference (source 2 CFR 200.319(b)).
D. Time and materials contracts may only be used if no other contract is suitable (source 2
CFR 200.318(j)). "Cost plus a percentage of cost" or "percentage of construction cost"
contracts are not allowed (source 2 CFR 200.323(d)).
E. The County will perform a cost and/or price analysis in connection with every procurement
action in excess of the federal Simplified Acquisition Threshold (2 CFR 200.323).
F. The County will review the federal System for Award Management (SAM) before awarding
a contract using federal funds to confirm that the vendor is not a suspended or debarred
federal vendor.
G. The County will use the following bonding requirements for construction or facility
improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold.
The Federal awarding agency or pass -through entity may accept the bonding policy and
requirements of the non -Federal entity provided that the Federal awarding agency or pass -
through entity has made a determination that the Federal interest is adequately protected.
If such a determination has not been made, the minimum requirements must be as follows:
1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The
"bid guarantee" must consist of a firm commitment; such as, a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance the bidder
will, upon acceptance of the bid, execute such contractual documents as may be
required within the time specified.
2. A performance bond on the part of the contractor for 100 percent (100%) of the
contract price. A "performance bond" is one executed in connection with a contract to
secure fulfillment of all the contractor's obligations under such contract.
3. A payment bond on the part of the contractor for 100 percent (100%) of the contract
price. A "payment bond" is one executed in connection with a contract to assure
payment as required by law of all persons supplying labor and material in the execution
of the work provided for in the contract (2 CFR 200.325).
For additional federal requirements see 2 CFR 200.318-326.
CHAPTER 5
REVENUE AND FINANCE
Amend Sec. 5-4-10. Statement of policy.
A. through H. — No change.
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
Purchasing Director and remove himself/herself from the procurement:
1. The employee, or elected official, or any member of the employee's family, has any
financial interest related to a specific Weld County procurement.
2. A business or organization in which the employee, or elected official, or any member of
the employee's family, has a financial interest pertaining to the Weld County procurement.
For the purpose of this section of the Code, "Family" means spouse, child, parent, stepparent,
stepchild, sibling, half -sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-
in-law, brother-in-law, grandparent, spouse's grandparent, step -grandparent, grandchild,
step -grandchild, foster parent, foster child and guardian.
J. Any employee found in violation of the provisions of this Section will be subject to disciplinary
actions.
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. The Director of General Services may waive the
requirement for a contract on a case -by -case basis. Contracts may be required by the Director of
General Services for informal purchases (<$25,000.00) on a case -by -case basis.
A. through 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 Director of the Purchasing Department, the County Controller
and the County Attorney. If poor performance or non-compliance with the contract by
the contractor occurs, the Department will notify the Director of Purchasing, the County
Controller, and the County Attorney. The Purchasing Department, in coordination with
the user Department, will be responsible to initiate corrective action with the vendor.
Add Sec. 5-4-155. Bid Protest.
A. The protest shall be submitted, in writing, to the Purchasing Department during the bid
process or when the aggrieved vendor knows, or should have known of, the factors giving
rise to the bid protest, or within five (5) business days after award, whichever is earlier.
1. The written formal protest must contain a minimum of the following:
a. A specific identification of each alleged act and the statute or section of the Weld
County Code that the purchasing staff member or department is alleged to have
violated.
b. A precise statement of the relevant facts that include time -lines and all involved
parties.
c. An identification of the issue or issues that need to be resolved that support the
protest.
d. Any documentation or contractual provision(s) which is relevant to the protest.
2. The Purchasing Director shall review any timely protest and attempt to resolve the
protest by mutual agreement. The Purchasing Department shall notify the aggrieved
vendor, in writing, of its findings and resolution.
3. If the aggrieved vendor is not satisfied with the Purchasing Director's resolution, it may
appeal the decision in accordance with Sec. 2-4-10 of this Code.
Add Sec. 5-4-165. State and Federal Grant Funded Procurement Projects.
Procurement of all supplies, equipment, and services utilizing state or federal funds (e.g.,
federal grant or contracts) shall be made in accordance with this Code and any terms and
conditions of the funding source. Appendix 2-E provides general guidance for purchases
utilizing state and federal funds.
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.
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Kelly Ash
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Sixteenth day of November A.D. 2016 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Sixteenth day of November A.D. 2016 that said
The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
November 16, 2016
Total charges: $117.91
16th day of November 2016
My Commission Expires 2/14/2019
_9041/Lpit4-TA
Notary Public
JERILYN L.
NOTARY PUBLIC ;
STATE OF COLORADO It
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 14, 2019 )
4
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2016-14 published below, was introduced and. on motion duly
made and seconded, approved upon first reading on November 7, 2016. A public hearing and second reading is scheduled to be
held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley. Colorado 80631.
on November 28, 2016. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be
heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing
if. as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material,
exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the
office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 0 Street,
Greeley. Colorado, between the hours of 8:00 a.m. and 5:00 p.m.. Monday thru Friday, or may be accessed through the Weld County
Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To en-
sure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2016-14
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRA-
TION AND CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE
DATE OF NEXT READING: November 28, 2016, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 10, 2016
PUBLISHED: November 16, 2016, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2016-14
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 perma-
nent 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. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards.
commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building Code Board of Appeals,
procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file
such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the incident in question. Appeals concerning
purchases or procurements made in accordance with Chapter 5, Article IV, of this Code shall be filed within five (5) days of the
incident in question.
Remainder of Section — No change.
Add APPENDIX 2-E. STATE AND FEDERAL FUNDED PROCUREMENT PROJECTS
POLICY STATEMENT
The procurement of all supplies. equipmont and oorvi000 utilizing state or federal funds (e.g., federal grantor contract) shall be made
in accordance with this Code and any terms and conditions of the funding source. Vendors are responsible for compliance with
applicable state or federal requirements. Should this Code conflict with the state or federal funding source terms and conditions, the
procurement -will be made in accordance with the specific funding source requirements.
Possible requirements of state and federal funding may include, but are not limited to, the following:
A. When possible and economically feasible, the County shall take the following six (6) affirmative steps to assure that minority busi-
ness, women's business enterprises, and labor surplus area firms are included in the procurement process (source 2-OFR 200.321):
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists.
2. Assuring that such firms are solicited whenever they are potential sources.
3. Dividing total requirements into smaller tasks or quantities to permit maximum participation by such firms.
4. Establishing delivery schedules which encourage participation.
5. Using the Small Business Administration, and the Minority, Business Development Agency of Department of Commerce.
6. Requiring prime contractors to take these steps in subcontracting.
B. The County shall review procurement requests to avoid duplicative or unnecessary purchases. The County shall consider.
consolidating or breaking out procurements to obtain a more economical purchase. The County shall consider lease versus purchase
where appropriate (source 2 CFR 200.318(d)).
C. Federal procurements shall not have a geographic preference included in the bid or RFP, except in those cases where applicable
Federal statutes expressly mandate or encourage geographic preference (source 2 CFR 200.319(b)).
D. Time and materials contracts may only be used if no other contract is suitable (source 2 CFR 200.318(j)). "Cost plus a percentage
of cost" or "percentage of construction cost" contracts are not allowed (source 2 CFR 200.323(d)).
E. The County will perform a cost andfor price analysis in connection with every procurement action in excess of the federal Simplified
AcquisitionThreshold (2 CFR 200.323).
F. The County will review the federal System for Award Management (SAM) before awarding a contract using federal funds to confirm
that the vendor is not a suspended or debarred federal vendor.
G. The County will use the following bonding requirements for construction or facility improvement contracts or subcontracts
exceeding the Simplified Acquisition Threshold. The Federal awarding agency or pass -through entity may accept the bonding policy
and requirements of the non -Federal entity provided that the Federal awarding agency or pass -through entity has made a
determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum
requirements must be as follows:
1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm
commitment; such as. a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance the bidder will,
upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
2. A performance bond on the part of the contractor for 100 percent (100%) of the contract price. A "performance bond" is one exec-
uted in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
3. A payment bond on the part of the contractor for 100 percent (100%) of the contract price. A "payment bond" is one executed in
connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the
work provided for in the contract (2 CFR 200325).
For additional federal requirements see 2 CFR 200.318-326.
CHAPTER 5
REVENUE AND FINANCE
Amend Sec. 5-4-10. Statement of policy.
A. through H. — No change.
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 Purchasing Director and remove himself/herself from the procurement:
1. The employee, or elected official, or any member of the employee's family, has any financial interest related to a specific Weld
County procurement.
2. A business or organization in which the employee, or elected official. or any member of the employee's family, has a financial
interest pertaining to the Weld County procurement.
For the purpose of this section of the Code, "Family" means spouse, child, parent, stepparent, stepchild. sibling, halt -sibling,
mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, spouse's grandparent,
step -grandparent, grandchild, step -grandchild, foster parent, foster child and guardian.
J. Any employee found in violation of the provisions of this Section will be subject to disciplinary actions.
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. The Director of General Services may
waive the requirement for a contract on a case -by -case basis. Contracts may be required by the Director of General Services for
informal purchases (<$25,000.00) on a case -by -case basis.
A. through F. - No change.
G. Contract Administration. The user Department will be responsible for monitoring apd documenting contractor performance/compli-
ance. All documentation of non-compliance should be shared with the Director of the Purchasing Department, the County Controller
and the County Attorney. If poor performance or non-compliance with the contract by the contractor occurs, the Department will notify
the Director of Purchasing, the County Controller; and the County Attorney. The Purchasing Department, in coordination with the
user Department, will be responsible to initiate corrective action with the vendor.
Add Sec. 5-4-155. Bid Protest.
A. The protest shall be submitted, in writing, to the Purchasing Department during the bid process or when the aggrieved vendor
knows, or should have known of, the factors giving rise to the bid protest, or within five (5) business days after award, whichever is
earlier.
1. The written formal protest must contain a minimum of the following:
a. A specific identification of each alleged act and the statute or section of the Weld County Code that the purchasing staff member or
department is alleged to have violated.
b. A precise statement of the relevant facts that include time -lines and all involved parties.
c. An identification of the issue or issues that need to be resolved that support the protest.
d. Any documentation or contractual provision(s) which is relevant to the protest.
2 The Purchasing Director shall review any timely protest and attempt to resolve the protest by mutual agreement. The Purchasing
Department shall notify the aggrieved vendor, in writing, of its findings and resolution.
3. It the aggrieved vendor is not satisfied with the Purchasing Director's resolution, it may appeal the decision in accordance with Sec.
2-4-10 of this Code.
Add Sec. 5-4-165. State and Federal Grant Funded Procurement Projects.
Procurement of all supplies, equipment, and services utilizing state or federal funds (e.g., federal grant or contracts) shall be made in
accordance with this Code and any terms and conditions of the funding source. Appendix 2-E provides general guidance for
purchases utilizing state and federal funds.
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 Tribune
November 16 2016
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