The URL can be used to link to this page

Browse Search

Home My WebLink About20163799.tiffWELD 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 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. 4266472 Pages: 1 of 6 12/30/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIKirinre'A.!I1W PhNilMI% K IV likil II II I PAGE 1 cc: F'=.! ac, -t' ( ow/ gc,� GT$C EC,) 016-3799 et/Oct/11 ORD2016-14 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)). 4266472 Pages: 2 of 6 12/30/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO PAGE 2 2016-3799 ORD2016-14 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. PAGE 3 4266472 Pages: 3 of 6 12/30/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII KINI U illrfr i:EIXI P A IMI'il4 NII II:IA id till 2016-3799 ORD2016-14 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. Ua} UOL om �a- 6 •3 m y d ocett IV ant .. o. 7r. ( -y NNo Ne mM a� in `er 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. PAGE 4 2016-3799 ORD2016-14 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 above and foregoing Ordinance Number 2016-14 was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.,aidiv � Jd op t,k, Weld County Clerk to the Board BY. Q . eputy Clerk to the APP D AS.TO F Boartloria 4,04 s )� `err► ounty Attorney Mike Freeman, Chair l Sean P. Conway, Pro -T, 4266472 Pages: 5 of 6 12/30/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIA Illad&M 11111 PAGE 5 2016-3799 ORD2016-14 First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: November 7, 2016 November 16, 2016, in the Greeley Tribune November 28, 2016 December 7, 2016, in the Greeley Tribune December 19, 2016 December 28, 2016, in the Greeley Tribune January 2, 2017 4266472 Pages: 6 of 6 12/30/2016 01:45 PM R Fee:$0.00 Carly KOPPBs, Clerk and Recorder, Weld County, CO VIII M V P, N �ti,IliVi glIA,141P.jp'I 'i lityi,IIII PAGE 6 2016-3799 ORD2016-14 Hello