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HomeMy WebLinkAbout20150454.tiff j-v( 02--H -02-0/ 1 WELD COUNTY CODE ORDINANCE 2015-3 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION , AND CHAPTER 3 HUMAN RESOURCES, 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 1 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of the County of Weld , State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows .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. 2-1 -120. Delegation of authority. Pursuant to Section 30- 11 - 107( 1 )(aa) , C . R. S . . the Board of County Commissioners establishes policies and procedures regarding entering into contracts binding on the County and the delegation of its powers to enter into such contracts pursuant to such policies and procedures: A. Authority delegated theThe Chair of the Board is delegated the authority to sign certain contracts and agreements. 1 . By Resolution #950198, dated February 22, 1995, the Board of County Commissioners delegated authority to the Chair of the Board to sign certain personal service contracts and maintenance agreements, when approved as to form by the County Attorney's Office, . The Chair of the Board is authorized to enter into and sign contracts and agreements as follows : a1 . AM contracts on behalf of the County for personal service contracts under ten twenty-five thousand dollars ($10 ' 5 , 000. 00) . PAGE 1 2015-0454 ORD2015-3 (5%) of the original contract amount, not to exceed ten twenty-five thousand dollars ($1025, 000.00) , as provided in Section 5-4-140. D. c3 . All contracts on behalf of the County for all equipment maintenance contracts under twenty-five thousand dollars ($25, 000. 00) . d4. All related contracts and license agreements for computer hardware and software operating in the County and twenty-five thousand dollars ($25, 000. 00', . e5 . All computer-related agreements and documents to acquire and maintain computer systems under - twenty-five thousand dollars ($25,000. 00)pursuant to tie po icy acoptec by reso ution catec Marc -) ' 6, 1994 , for the purpose of acquisition of information services systems. 2B. By Resolution #2004-1366, dated May 10, 2004, the Board of County Commissioners delegated authority to theThe Chair of the Board is delegated authority to sign certain agreements with municipalities in Weld County for road and street design , construction and/or maintenance within the jurisdictional boundaries of the municipalities, up to the amount of ten twenty-five thousand dollars ($-a-025, 000. 00), whereby the municipality will reimburse Weld County for the entire cost of such work upon completion of the project. 3C . By Resolution #2007 1689, dated June 26, 2007, the Board of County Commissioners delegated authority to theThe Chair of the Board is delegated authority to sign any standard letter of assignment/consent. • cetai ing system iarcware anc software requirements. 2. The RFI will then be sent to all known vendors soliciting responses. 3 The responding vendors' proposals will then be evaluated and select a proposal for recommendation. n'ormation Services Governance Commit-ee, wiici wi , in turn, mace a recommencation to tie Boarc of County Commissioners: 5. The Board of County Commissioners will then either accept or reject the PAGE 2 2015-0454 ORD2015-3 system hardware and software. and maintenance of said system . GD. January 23, 1995, the Board of County Commissioners determined all division approval; therefore, the Board The Chair of the Board is delegated authority to approve and sign all oil and gas division orders and authorizations to receive oil or gas payment to the Chair of the Board, after review by the County Attorney's office for correctness of ownership interest, form and legal descriptonand without having been on an agenda of the Board of County Commissioners. DE . Delegation of authority to Sheriff. 1 . Commissioners specifically delegated to theThe Sheriff is delegated the authority to enter into agreements that are binding upon the County for personal services related to criminal investigations. 2 . Commissioners delegated to theThe Sheriff is delegated the authority to enter into those law enforcement special duty agreements which are estimated to require seventy-two (72) or fewer hours of Sheriff deputies' time. The Board of County Commissioners retained retains the authority to enter into all law enforcement special duty agreements which are estimated to require more than seventy-two (72) hours of Sheriff deputies' time. SF. Delegation of authority to Assessor. As stated at Section 2-4-60, the Board of County Commissioners authorized the Assessor to review petitions for abatement or refund and to settle, by written mutual agreement, any such petition for abatement or refund of taxes in an amount of one thousand dollars ($1 ,000. 00) or less per tract, parcel or lot of land , or per schedule of personal property. The Board of County Commissioners will consider any petition under one thousand dollars ($ 1 ,000. 00) where agreement was not reached between the Assessor and the taxpayer. G . The Chair of the Board is delegated the authority to approve modifications under twenty-five thousand dollars ($25, 000. 0) or five percent (5%) ;cumulative; to contracts for construction pro.ects, as provided in Section 5-4- 140. D. H . The Department Heads and Elected Officials are delegated the authority to approve invoices for goods or services under twenty-five thousand dollars ;$25, 000. 00), as provided in Section 5-4-60. PAGE 3 2015-0454 ORD2015-3 I� The Director of the Department of Public Health and Environment is delegated the authority to order the isolation and/or quarantine, including specified monitoring conditions, of any person if, in his or her professional medical opinion , the Director believes necessary for the protection of public health , as permitted by Section • 25-1 -506, C. R. S . sign : le contrac-s win osier en-i:ies as is-ec be ow: 1 . Intergovernmental Agreement for Criminal Justice Records Management Services—anc Use o= Communications Recorcs anc Crimina Justice Information Systems. 2. Criminal Justice Records Management Services Agreement. G. Delegation of authority concerning chemical weed control cost share agreement: By Resolution #980778 approved May 6, 1998, the Board of County meeting tie criteri� Rai D��_#7007-' L 9 Ono for = tie (` neck, 1a— A/Weed Control Cost Share Agreement was updated. On May 30, 2007, the Board approved Resolutions #2007 1498, #2007 1500, #2007 1501 , #2007 1502, Specialist, Department of Public Works, to sign said agreements with various landowners meeting the criteria: National Fish and Wildlife Foundation (NFWF) Weec Control Cost Share, Yellow Nutsedge Chemica Weed Control Cost Share, , , • insurance for former County employees or elected officials. By Reso ution #9823' 7 approve° November 30, ' 998, tie Boarc of County Retirement Plan. 2. Said Resolution #982317 also granted standing authority to the Chair to „ Health Insurance for Former Weld County Employee or Elected Official Who Is Now Drawing Benefits From the Weld County Retirement Plan. " By PAGE 4 2015-0454 ORD2015-3 #2005-2598, dated September 7, 2005, and by Resolution #2010 1572, dated July 19, 2010, the form of the agreement was updated. services Tie Roars of County Commissioners approved the form of a license agreement with various companies. J. Delegation of authority concerning Agreements for Sampling and Analysis of Health and Environment. By Resolution #2001 3121 , approved on December 17, 2001 , the Board of County Commissioners approved the form of two (2) agreements-anc grantee standing autiority to tie Director of Pub is -sea ti anc Geographic Data. The Board of County Commissioners, on May 19, 2003, by L. Delegation of authority concerning Form of Standard Agreement for Access to Clerk and Recorder Data Base. The Board of County Commissioners, on June 2, Chair of the Board to sign said agreement, after review by the County Attorney to 7 tie County Attorney to verify tiat they were comp eted in accorcance approved by the Board: N . Delegation of authority concerning Form of Intergovernmental Agreement for Cooperative Mosquito Management Program . The Board of County Commissioners, on December 22, 2003, by Resolution #2003 3418, approved the 7 consistent with the form of said agreement. Agreement for Use of Election Equipment. The Board of County Commissioners, Intergovernmental Agreement for Use of Election Equipment, and granted 7 PAGE 5 2015-0454 ORD2015-3 the County Attorney to verify that it was completed in accordance with the form approved by the Board. P. Delegation of authority concerning standard form for Child Protection Agreement for Respite Care. The Board of County Commissioners, on March 17, 2004, by was updated. Activities Program. The Board of County Commissioners, on March 23, 2005, by in accordance with the form approved by the Board. R. Delegation of authority concerning Standard Form of Electronic Recording , 2005, the Board of County Commissioners approved the standard form of the Electronic Recording Memorandum of Understanding , and granted standing approved by the Board. Understanding Concerning Use of Building . By Resolution #2005 3597, on form of the Electronic Recording Memorandum of Understanding, and granted approved by the Board. T. • • • appointed by the Board, to sign certain agreements for the various Weld County HIPAA plans. By Resolution #2006-0313, the form of the agreement was updated. U . • • PAGE 6 2015-0454 ORD2015-3 approved by the Board. • • • , , , hair of the Board to • #2008 2127, dated August 6, 2008, the form of the agreement was updated . , , , • • • 2008, and by Resolution # 2012 2088, dated August 8, 2012, the form of the addendum was updated- X. Delegation of , , , approved tie Standard Form for Addendum to Purciase Residentia Cii d Care , . , • , , , form of the addendums were updated. X. Commissioners, on August 27, 2007, by Resolution #2007 2737, approved the 1 . , • , , , , , ted. for Individual Provider Contract • August 6, 2008, by Resolution #2008 212x, approved the Standard Form for , PAGE 7 2015-0454 ORD2015-3 tie Boarc to sign sale contract, after review by tie County Attorney to verify that it was comp etec in accorcance wits the form approvec by tie Boarc. By Reso ution #20' 2 2088, cater August 8, 20' 2, tie form of tie Contract was approvec anc tie addendum was updated. AA. De egation of autiority concerning Form of We c County Retirec Emp oyee Employment Contract. The Board of County Commissioners, on March 31 , 2008, by Reso ution #2008- 0972, approvec tie stancarc form for We e County Retire° Emp oyee Emp oyment Contract, anc granter stancing autiority to tie Clair of the Boarc to sign saic contract, after review by tie County Attorney to verify t iat it was comp etec in accorcance wit i tie form approver by tie Boarc . BB. De egation of autiority concerning Form of Agreement for Professiona Services. The Board of County Commissioners, on November 17, 2008, by Resolution #2008 30// , approver tie staneare form for Agreement for Professiona Services anc grantee stancing autiority to tie Clair of tie Boarc to sign sale agreement, after review by tie County Attorney to verify t iat it was comp etec in accorcance with the form approved by the Board. CC. De egation of autiority concerning Form of Agreement for Nunicipa Jai Services. The Board of County Commissioners, on June 24, 2009, by Resolution #2009 ' z70, approvec the stancare form of Agreement for N/unicipa Jai Services anc grantee stancing autiority to tie Clair of tie Boarc to sign sale agreements, after review by the County Attorney to verify that they were completed in accordance with the form approved by the Board. DD. Delegation of authority concerning Form of Agreement and Addendums to Agreement to Purciase Out-of- - ome P acement Services. Tie Boarc of County Commissioners, on June 28, 20' 0, by Reso ution #20' 0 " 3751 approvec tie stancarc form for Accencums to Agreement to Purciase Out of - ome P-acement Services anc grantee stancing authority to the Clair of tie Boare to sign said accencums, after review by tie County Attorney to verify tiat t ley were comp etea in accorcance witn the form approvec by tie Boarc. By Reso.ution #2012 2088, cats° August 8, 20" 2, tie form of tie Agreement anc Adcendums to Agreement to Purchase Out of Home Placement Services was updated. EE. De egation of autiority concerning Form of Agreement anc Accencum to Agreement to Purchase Group Home/Group Center Care Services. The Board of County Commissioners, on August 8, 20' 2, by-Reso ution #20' 2 2088, approved tie stancarc form for Aecencums to Agreement to Pure lase Group - ome/Group Center Care Services anc grantee stancing autiority to tie Clair of tie Boare to sign said adeencums, after review by tie County Attorney to verify tnat hey were comp etec in accorcance witi tie form approvec by tie Boarc . FF. Delegation of authority concerning Form of Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing witiin Nunicipa Bouncaries. Tie Boarc of County Commissioners, on January 4, 2012, by Resolution #2012 0017, approved the standard form for Intergovernmental Agreement for Payment of Bonus Amounts for Certain Reporter Oi anc Gas Emp oyees Resicing witiin Nunicipa Boundaries anc PAGE 8 2015-0454 ORD2015-3 Reported Oil and Gas Employees Residing within Municipal Boundaries and granted standing authority to the Chair of the Board to sign said agreements , after review by the C with the form approved by the Board. GG. Delegation of authority concerning Agreements for Rental of Equipment by the Director of Genera Services anc tie Director of Pub is Wor<s. Tie Director o: do not exceed thirty (30) days or ten thousand dollars ($10, 000. 00). The Director of specific use by or ten thousand dollars ($10,000.00). Add Sec. 2-1 -125. Delegation of Authority to Sign Standard Form Agreements. The Board of County Commissioners periodically approves, by Resolution , standard form agreements, each of which are available from the Clerk to the Board's Office. A. The Chair to the Board is delegated the authority to sign any agreement in substantial conformance with the following : 1 . Standard Form GIS Data License Agreement. 2. Standard Form of License and Exchange Agreement for Geographic Data. 3. Standard Form of Agreement for Access to Clerk and Recorder Data Base. 4. Standard Forms of Agreements for Conduct of Coordinated Elections, including various forms for Master Version , Tabor Version , and School Version of Memorandum of Intergovernmental Agreements for conducting Coordinated Elections. 5 . Standard Form of Electronic Recording Memorandum of Understanding . 6. Standard Form of Memorandum of Understanding Concerning Use of Building . 7 . Standard Form for Child Protection Agreement for Respite Care. 8 . Standard Form for Addendum to Agreement to Purchase Therapeutic Residential Child Care Facility Services/Residential Child Care Facility Services. 9. Standard Form for Addendum to Agreement to Purchase Child Placement Agency Services. 10. Standard Forms for Addendum to Agreement to Purchase Residential Child Care Facility Services and the Addendum to Agreement to Purchase Out-of-State Residential Child Care Facility Services. PAGE 9 2015-0454 ORD2015-3 11 Standard Form for Addendum to Agreement to Purchase Specialized Group Home Care Services. 12 Standard Form for Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement and the Addendum to Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement. 13. Standard Form of Agreement and Addendums to Agreement to Purchase Out-of-Home Placement Services. 14. Standard Form of Agreement and Addendum to Agreement to Purchase Group Home/Group Center Care Services. 15. Standard Form of Weld County Retired Employee Employment Contract. 16 . Standard Form of Agreement for Municipal Jail Services. B. Delegation of authority concerning various forms of standard agreements for Elections Division Facility Usage. As necessary, the Board of County Commissioners may approve, by Resolution, various form agreements for the utilization of locations by the Elections Division for ballot drop off locations, and voter service centers and polling centers. By said Resolution , the Board grants standing authority to the Clerk and Recorder to sign such agreements, after review by the County Attorney to verify that they were completed in accordance with the form approved by the Board . C. The Director of the Weld County Department of Public Health and Environment is delegated the authority to sign any agreement in substantial compliance with the following : Standard Form Agreements for Sampling and Analysis of Drinking Water and/or Wastewater by the Weld County Department of Public Health and Environment. D. The Weed Division Supervisor, Department of Public Works, is delegated the authority to sign any agreement in substantial conformance with the following : 1 . Standard Form Agreement for Chemical Weed Control Cost Share Agreement. 2 . Standard Form Agreement for Chemical Weed Control Cost Share Agreement Through West Greeley Conservation District. 3 . Standard Form Agreement for Eradication Species Chemical Weed Control Cost Share Agreement. Remainder of Section - No Change . PAGE 10 2015-0454 ORD2015-3 CHAPTER 3 HUMAN RESOURCES Amend Sec. 3-12-10. Payroll Information. A. Payday for all employees will be the last working day of the month . If payday falls on a holiday, employees will be paid the last regularly scheduled workday before the holiday. Pay periods are from the sixteenth of the month through the fifteenth of the following month. The pay period for the Department of Social Services employees is the first day of the month through the last day of the month. 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 Colorado Code Publishing 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 11 2015-0454 ORD2015-3 a The above and foregoing Ordinance Number 2015-3 was, on motion duly made and seconded , adopted by the following vote on the 23rd day of March , A. D. , 2015. 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 : Julie A. Cozad County Attorney Steve Moreno First Reading : February 11 , 2015 Publication : February 18, 2015, in the Greeley Tribune Second Reading : March 2 , 2015 Publication : March 11 , 2015, in the Greeley Tribune Final Reading : March 23, 2015 Publication : April 1 , 2015, in the Greeley Tribune Effective: April 6, 2015 PAGE 12 2015-0454 ORD2015-3 Hello