HomeMy WebLinkAbout20150780.tiff WELD COUNTY
CODE ORDINANCE 2015-2
IN THE MATTER OF REPEALING AND REENACTING, IN ITS ENTIRETY, CHAPTER 5
REVENUE AND FINANCE - ARTICLE IV PURCHASING POLICY, 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 Chapter 5, Article IV, of the Weld County Code be, and
hereby are, repealed and re-enacted, in its entirety, to read as follows.
CHAPTER 5
REVENUE AND FINANCE
ARTICLE IV
Purchasing Policy
Sec. 5-4-10. Statement of policy.
A. The Local Government Budget Law of Colorado, Section 29-1-103, C.R.S., provides that
each local government shall adopt an annual budget. Such budget shall present a
complete financial plan for the ensuing fiscal year. It shall set forth all proposed
expenditures for the administration, operation and maintenance of all offices,
departments, boards, commissions, and institutions of such local government, including
publicly owned and operated utilities and enterprises. Section 29-1-113, C.R.S., and
Section 14-2 of the Home Rule Charter provide that, before the beginning of the fiscal
year, the Board of County Commissioners shall enact an ordinance making appropriations
for the ensuing fiscal year. The amounts appropriated for the offices, departments,
boards, commissions and other spending agencies shall not exceed the amount fixed
therefore in the budget adopted by the governing body.
B. Section 29-1-110, C.R.S., provides that, during the fiscal year, no officer, employee or
other spending agency shall expend or contract to expend any money, incur any liability or
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enter into any contract which, by its terms, involves the expenditures of money in excess
of the amounts appropriated. Any contract, verbal or written, made in violation of this
Section shall be void and no moneys belonging to a local government shall be paid on
such contract. Subsection 3-8(4)(m) of the Home Rule Charter provides that all contracts
must be approved and executed by the Board of County Commissioners. The Chair of
the Board shall sign all contracts unless otherwise delegated.
C. Section 29-1-115, C.R.S., provides that any member of the governing body of any local
government or any officer, employee, or agent of any spending agency, who knowingly or
willfully fails to perform any of the duties imposed upon him or her, by this Article, or who
knowingly and willfully violates any of its provisions is guilty of malfeasance in office and,
upon conviction thereof, the court shall enter judgment that such officer so convicted shall
be removed from office. Any elector of the local government may file an affidavit
regarding suspected malfeasance with the District Attorney, who shall investigate the
allegations and prosecute the violation if sufficient cause is found. It is the duty of the
court rendering any such judgment to cause immediate notice of such removal to be given
to the proper officer of the local government so that the vacancy thus caused may be filled.
D. Accurate records of expenditures and encumbrances must be kept by the Department of
Finance and Administration so that department heads and elected officials can be
informed on a timely basis of expenses and obligations in comparison to the adopted
budget of the County. By utilizing a consistent policy of purchasing procedures, the
County's elected officials and department heads will find it easier to comply with the
provisions of the state statutes and the Home Rule Charter.
E. This Article will provide reference for questions that may arise, and will assist in prompt
procurement consistent with economy.
F. The Home Rule Charter provides that Central Purchasing shall establish, maintain and
operate the Central Purchasing Office for the County. Responsibilities of the Purchasing
Office shall include the receipt of quotes and the purchase of supplies, materials, property,
equipment, and inventory pursuant to policies and procedures established by the Board of
County Commissioners and in accordance with the Charter and the laws of the State.
The policy of the Department of Purchasing in the discharge of these duties will include,
with the assistance of other departments and agencies, the establishment of reliable and
reputable sources of supply, the fostering of competition, and good procurement practices
consistent with timely accomplishment of its goals. All negotiations will be conducted on
the highest level of business ethics. All contact with existing or potential suppliers after
submission of a purchase requisition shall be made by, or with the knowledge and
approval of, the Department of Purchasing or the delegated Department Head (elected
official). While establishing and maintaining satisfactory supplier relationships, the
acceptance or solicitation of entertainment, loans, gifts, or special considerations by any
County personnel will not be permitted.
G. Compliance with the provisions of this Article is mandatory. Any provisions which
adversely affect the performance of any department's vital services shall immediately be
called to the attention of the Director of General Services.
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H. It shall be deemed a violation of this Article for any County personnel to:
1. Violate the Standard of Conduct or the Code of Ethics for a local government
official or County employee as prescribed by Article 18 of Title 24, C.R.S.
2. Knowingly exaggerate requirements for the purpose of temporarily receiving a
better price.
3. Knowingly underestimate requirements or deny the existence of a requirement to
avoid doing business with a particular supplier.
4. Knowingly misrepresent a competitor's prices, quality, or services to obtain
concessions.
5. Purchase goods or services without proper procedures. ANY GOODS OR
SERVICES PURCHASED WITHOUT PROPER PURCHASING PROCEDURES
WILL NOT BE PAID FOR BY THE COUNTY AND WILL BECOME THE
PERSONAL LIABILITY OF THE INDIVIDUAL MAKING COMMITMENT TO THE
VENDOR FOR THE ILLEGAL PURCHASE.
Any employee found in violation of the provisions of this Section will be subject to
disciplinary actions.
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. The individual departments should not be burdened with unsolicited visits from suppliers.
To avoid this, they should observe the following procedures:
1. All unsolicited vendor's representatives will be referred to, and received by, the
Department of Purchasing; and when necessary for them to talk with department
heads or elected officials, the interview will be arranged by the Department of
Purchasing. If an unsolicited vendor should contact the department directly, he or
she shall be immediately referred to the Department of Purchasing. No
unsolicited vendor is permitted in departments unless approval is received from
the Department of Purchasing.
2. The Department of Purchasing will inform or distribute to department heads
(elected officials) any useful information received from interviews, catalogs,
advertising, e-mail, etc.
B. During the course of business, it is recognized that the individual departments will need to
conduct analysis of products in regards to quality, costs, flexibility, and applicability.
Therefore, individual departments may solicit visits from supplier(s) for demonstration
purposes.
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1. Solicited demonstrations or product inquiries can be explored by either individual
departments or the Department of Purchasing.
2. Interactions during these solicitations and demonstrations shall comply with ethical
standards of conduct.
Sec. 5-4-30. Bid regulations.
A. Section 14-9 of the Home Rule Charter specifies that:
1. The Board of County Commissioners shall adopt bidding procedures for county
purchases which shall assure open and competitive bidding on all county
purchases, and the Central Purchasing Division shall follow the procedures
adopted in all county purchases.
2. Bid specifications shall be prepared in such a manner as to invite and encourage
bidding from all suppliers of the goods and equipment being purchased by the
County. No specifications shall be submitted to bidders so restrictive in detail as
to eliminate any line of competitive equipment.
3. The County Commissioners shall give preference to resident Weld County bidders
in all cases where the bids are competitive in price and quality.
4. The County Commissioners shall enter in the minutes of the meeting, at which a
purchase is made for other than a low bid, the reason for not accepting the low bid.
5. All purchases in excess of an amount to be set annually by the Board of County
Commissioners by ordinance shall be by written, sealed bid and bids over the
amount set annually by ordinance by the Board of County Commissioners shall be
followed by a ten-day period for consideration and investigation of the bids
submitted to determine comparisons of quality and price. The ten-day waiting
period may be waived by resolution of the Board for emergency purchases. The
Commissioners shall accept the bid they find to be most beneficial to the County.
B. Section 30-11-110, C.R.S., specifies that it is unlawful for any board of county
commissioners of any county to accept any bid or make a purchase of any books,
stationery, records, printing, lithographing or other supplies for any officer of its county,
from any person, company or corporation having its manufactory or principal place of
business outside the State, when the same can be procured from some person, company
or corporation having its manufactory or principal place of business within this State and at
a net cost which shall not exceed the amount for which such books, stationery, records,
printing, lithographing or other supplies can be procured and delivered to the County by
any person, company or corporation having its manufactory or principal place of business
without the State.
C. Section 43-2-209, C.R.S., specifies that:
"Contract for work on highways - advertise for bids. If any board of county
commissioners desires to let out any work on the county highways by contract, it may
advertise in a legal newspaper in the county or post a notice in the county courthouse, for
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a period of not less than ten days before the contract is let, for sealed proposals for
performing the work. When a contract for work on highways involves expenditure equal
to, or greater than, the amount at which a contract requires a contractor's bond under
Section 38-26-105, C.R.S., the board of county commissioners shall advertise in a
newspaper as provided in this section unless such advertisement, in the judgment of the
board, would be detrimental to the immediate preservation of the public peace, health, and
safety. The advertisement must describe the work to be done and its location and must
refer all persons to the person holding the plans and specifications therefore, and such
contract shall be awarded to the lowest responsible bidder, the board reserving the right to
reject any bids proffered. The cost of any county highway work mentioned in Section
43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency
road fund, as the board may determine."
D. The Department of Purchasing shall continually strive to increase competition and obtain
new sources of supply. Bidding shall be open and unrestricted; however, the County
shall not be obligated to solicit bids from every supplier for every requirement.
Quotations and bids shall be based on established standards and specifications whenever
possible.
Sec. 5-4-40 Definition of Terms:
The following terms shall be used with the given definitions when used throughout this
section.
A. Department: The term "Department" includes all offices of the Weld County Government.
B. Purchases: The term "Purchases" is defined and categorized as follows:
1. Small Purchases are goods and services for less than $5,000.
2. Informal Purchases are those transactions of $5,000 and up to $25,000.
3. Formal Purchases are those transactions greater than $25,000 and must be
processed through the Purchasing Department.
C. 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 Director of General Services. The
Controller can sign Purchase Orders during the absence of the Director of General
Services.
D. 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.
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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.
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.
Sec. 5-4-50. General information.
A. A smooth flow of requisitions, purchase orders, and invoices must be accomplished.
Departments can assist by giving the Department of Purchasing as much time as possible
to fill an order. The Department of Purchasing shall endeavor to complete the order in a
reasonable amount of time. If there are problems or complaints that cannot be worked
out between departments and the Department of Purchasing, the Director of General
Services should be notified.
B. The purchasing agent shall purchase only those supplies, materials, and equipment
requested by a using department. The agent will, however, keep department personnel
informed on price changes, deliveries and other information that is in the best interest of
sound County fiscal policy.
C. The Board of County Commissioners may, by motion or resolution, purchase an item of
used equipment which, by its very nature is not biddable as a practical matter.
D. All provisions of the Home Rule Charter prohibiting employees and elected officials of the
County from doing business with the County shall be strictly adhered to in connection with
the purchase of all supplies, services, materials, and equipment by the Department of
Purchasing and department heads.
E. Departments are encouraged to seek the assistance of the purchasing staff as early in the
acquisition process as possible and as necessary. It is at the beginning of the process
that using departments can realize the major benefits provided by the Department of
Purchasing staff, who will suggest products or services to meet the using department's
needs; contact vendors to obtain literature and set up demonstrations; obtain price and
delivery information; and investigate alternatives, including their advantages,
disadvantages, and costs. These services are available to the using department as soon
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as it decides to solve a supply problem. Departments should contact the Department of
Purchasing prior to budgeting and/or submitting a requisition.
F. Special circumstances for negotiated purchases without bid. Purchase Orders and
contracts may be awarded by the Board of County Commissioners without the
requirement stated in this Section in any of the following cases:
1. In the event no bids are received for an item, the Director of General Services is
authorized to negotiate a purchase on behalf of the County.
2. Service on existing equipment if it is to the County's advantage to obtain parts,
repair or service on existing equipment, its supplies or software from a
factory-authorized dealer or manufacturer.
Sec. 5-4-60. Purchasing 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 and/or select the bid which is in the best interest of the County.
A. Small Purchases. Purchasing authority has been delegated to the Department head of
each Department for those transactions under $5,000 and within their budget. Small
purchases do not require quotes or a purchase order; however, Departments are
expected to make purchases in the best interest of the County. Acquisitions of products
and services under $5,000 may be handled three ways:
1. Submission of a formal requisition request to Purchasing,
2. Use of a procurement card (subject to the limitations of Section 5-4-200), or
3. Invoice generated by vendor for a direct pay.
B. Informal Purchases. Purchasing authority has been delegated to the Department head
of each Department for those transactions between $5,000 and $25,000 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 vendors to avoid
doing a Formal Bid.
1. The informal bid process consists of:
a. Submission of a formal requisition request to Purchasing or a direct
department solicitation to qualified vendors.
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b. Either method should consist of a minimum of three (3) bids (whenever
possible) with results sent to Purchasing to be maintained as a public
record. The quotations may be in writing, e-mail, via telephone, or via
facsimile. If by telephone, a complete record of the transaction must be
maintained, to include, as a minimum, the following for each supplier
contacted, including suppliers from whom quotes were solicited, but did not
bid or respond: supplier name, quoted by (name), date of quotation, and
quoted price.
c. When using previously obtained bids to purchase products or services,
such bids shall have been obtained within twelve (12) months of purchase.
2. Payment for acquisitions of product and services can be secured through:
a. Purchase order initiated by Purchasing,
b. Use of a procurement card (subject to the limits of Section 5-4-180), or
c. Invoice generated by vendor for a direct pay.
3. If the low bid is found unacceptable because of some factual circumstance, the
Department should write a clear, concise, and factual justification for not accepting
the lowest bid.
4. All informal bid prices received shall remain confidential until the award is made.
After the award is made, all information regarding the bid shall be open for public
inspection during regular business hours.
5. In the event items do not meet specifications, the Department of Purchasing or
individual Department may reject the bid or, at its discretion, ask for additional
documentation from the vendor regarding evidence of why the alternate will satisfy
the need. If documentation justifies, the County may invite the vendor to provide
a demonstration. Based upon data and/or demonstration, the Department of
Purchasing or individual Department may accept an alternative bid.
C. Formal Purchases. All vehicle purchases and purchases over $25,000 must go through
the formal bid process. The formal bid procedures may be used for purchases under the
amount established by the annual purchasing ordinance (twenty-five thousand dollars
[$25,000]) when the best interest of the County so dictates.
1. All bidding shall be in accordance with, and pursuant to, Section 14-9(1)-(5) of the
Home Rule Charter. All purchases in excess of an amount to be set annually by
the Board of County Commissioners by ordinance shall be by written, sealed bid,
and bids over the amount set annually by ordinance (twenty-five thousand
[$25,000]) by the Board of County Commissioners shall be followed by a ten-day
period for consideration and investigation of the bids submitted to determine
comparisons of quality and price. The ten-day waiting period may be waived by
resolution of the Board for emergency purchases. The Commissioners shall
accept the bid they find to be most beneficial to the County. Prior to advertising
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for such bids, the purchasing agent shall verify that the purchase is authorized in
the current budget.
2. At the discretion of the Director of General Services, formal bids may be advertised
in the official county newspaper, except as statutorily required, and may be
advertised in other publications or media, such as an online bid advertisement
service. Such advertisement shall include, but not be limited to, the following:
a. General description of the required commodity or service.
b. The location to obtain required bid documents.
c. Cost of bid documents (if applicable).
d. Amount of bid bond (when applicable).
e. Time and place of bid opening.
f. Reservation of the right to: (1) Waive informalities, (2) Reject all bids, or(3)
Accept the proposal deemed most advantageous to the best interest of the
County.
3. Invitations to bid shall be sent to all appropriate vendors on the County's vendor list
and/or through the appropriate online bid advertisement service categories. The
County may send invitations to other qualified vendors and/or by advertising on the
internet or through direct solicitation.
4. When bids are received, they shall be stamped with the date and time received,
initialed by the person receiving them, and filed until opened. After the bids are
opened, the proposals shall be reviewed by the purchasing agent and the
department head who initiated the requisition.
5. All formal bids shall be publicly opened at the time and place indicated in the
advertisement or as specified in the bid documents. If bids are submitted by email
or facsimile, the vendor must include the following statement, "I hereby waive my
right to a sealed bid." Bidders are invited, but are not required, to attend the bid
opening.
6. The Department of Purchasing may introduce "other source" bids that serve the
best interest of the County. "Other source" bids are quotes for products and/or
services which are obtained from entities such as on-line sources, direct-buy from
manufacturers or wholesalers, published catalogues, or other sources which may
increase competition and reduce cost.
7. Formal bid review and award. When evaluating bids, consideration may be given,
but not necessarily limited to some or all of the following: price, bidder's previous
record of performance and service (internal/external), ability of bidder to render
satisfactory service in this instance (i.e., training, maintenance and repairs),
availability of bidder's representative to call upon and consult with the end users,
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quality and conformance to specifications, delivery schedule, life cycle costs,
warranty.
a. The department head and the purchasing agent will make a
recommendation to the Board of County Commissioners. The final award
of the bid will be approved by the Board of County Commissioners. If the
low bid is found unacceptable because of some factual circumstance, the
Department should write a clear, concise, and factual justification for
selecting other than the low bid.
b. Per Section 14-9(3) of the Weld County Home Rule Charter, the County
Commissioners shall give preference to resident Weld County bidders in all
cases where the bids are competitive in price and quality.
c. Per Section 14-9(4) of the Weld County Home Rule Charter, the County
Commissioners shall enter in the minutes of the meeting, at which a
purchase is made for other than a low bid, the reason for not accepting the
low bid.
d. Exceptions to this section include sole source purchases and professional
services approved by the Board of County Commissioners.
Sec. 5-4-70. Questioned purchase requisitions and purchase order changes.
A. The Director of General Services has the right and duty to question any item on a
requisition that may be unnecessary and/or unreasonable.
B. The Director of General Services has a duty to question increases to purchase orders to
ensure the appropriate change order was obtained.
C. The Director of General Services does not, however, assume the authority to refuse to
authorize the purchase of the item requisitioned or the increase in the purchase order,
which is authorized through the Accounting Department.
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.
Sec. 5-4-80. Expenditures not requiring a procurement process.
A. It has been determined that it is in the best interests of the County to exempt certain
purchases of goods or services from the requirements of this code. The following is a list
of the expenses which will be processed for payment in the Department of Accounting
without a requisition and purchase order:
1. Notices. Notices placed in newspapers or other publications for any County
business.
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2. Allocations to outside agencies. Payments made to agencies outside County
government for which an amount was determined at budget hearings. (Nonprofit
agencies, libraries, cities, etc.)
3. Auto mileage and personal reimbursements. Reimbursements to County
employees or individuals for expenses paid out-of-pocket. Mileage shall be
reimbursed at the current rate per mile for authorized travel on County business.
4. Fees paid for autopsy services.
5. Dues, meetings and travel expenses. Dues to organizations, registration fees for
seminars and conventions, and expenses incurred while attending seminars and
conventions such as hotel bills, food, cab fare, etc.
6. Education and training expenses. Fees paid to organizations for training of
County employees (including Manpower and other Department of Human
Services clients).
7. Expert witnesses. Expert witnesses called by the District Attorney, County
Attorney or Sheriff to testify in the County's behalf.
8. Postage. Stamps, postage-paid envelopes or postcards.
9. Rent payments. Monthly rental payments for office equipment, buildings,
vehicles, etc.
10. Telephone. Regular telephone bills or telephone answering service.
11. Transcripts. Transcripts for the District Attorney, County Attorney or other County
offices.
12. Utility bills. Monthly charges for electrical, water and gas (including propane)
service.
13. Insurance claims. Payment for insurance claims paid out of the Insurance Fund
under the County's protected self-insurance program.
14. Library books, subscriptions, and publications. Publications, books, magazines,
or published materials.
15. Vehicle fuel. Gas, diesel, and propane.
16. Computer support. Computer hardware, software, maintenance, and supplies
when determined by the Director of Information Technology not to be competitive
resources compatible to the County's computer environment.
17. Repair and maintenance agreements for office equipment such as copiers and
furniture, etc. (Exception: when the vendor requires a Purchase Order prior to
working on equipment.)
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18. Non-routine repairs, maintenance, and service agreements required by the
Director of Buildings and Grounds to maintain County facilities.
19. Towing. Vehicles towed by the Sheriff or emergency towing of County vehicles.
20. Medical and fringe benefit claims. Payment made for insurance claims or flexible
benefit accounts.
21. Photo reproduction.
22. Petty cash. Reimbursements to petty cash funds.
23. Waived items. The Director of General Services may waive the requirement for
Requisition and Purchase Order when warranted by circumstances.
24. Equipment rental. The Director of General Services may approve rentals of
short-term duration not to exceed thirty (30) days or twenty five thousand dollars
($25,000). The Director of Public Works and the Director of Buildings and
Grounds may approve rentals of short-term duration not to exceed thirty (30) days
or twenty-five thousand dollars ($25,000) for their respective departments.
Rental of equipment is subject to the requirements of Section 5-4-60.B. of this
Article. Only the Board of County Commissioners may approve rentals that
exceed thirty (30) days or twenty-five thousand dollars ($25,000).
25. Medicine and supplies. The purchase of medicines and supplies by the Director
of the Department of Public Health and Environment in cases where criteria other
than price are considered paramount; i.e. safety and quality.
26. Items purchased from current state, federal, GSA or other cooperative contracts.
27. Emergency purchases when:
a. Human life, safety, health, or County property is in jeopardy.
b. Repairs of equipment involving hidden dangers.
c. Repairs are immediately needed for equipment where delay would lead to
higher expense.
28. Items which are proprietary (software, etc.).
29. OEM (Original Equipment Manufacturer) requirements for equipment under lease,
rental, warranty or maintenance.
30. Design limitations and compatibility with existing equipment.
31. Professional services that do not lend themselves to competitive bidding.
Professional Service Agreements are contracts with persons or entities which due
to their experience, education, and expertise, provide technical or specialized
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services. With approval of the Board of County Commissioners, Professional
Services may be obtained without following the requirements of this Chapter.
Sec. 5-4-90. Sole Source Purchases
Purchases may be exempt from the quote and bid process if there is only one appropriate
vendor. Some equipment designation effectively eliminates competition, so support
documentation will be required on the requisition to explain why only a particular brand or service
is acceptable. A sole source situation could arise because of compatibility with existing
equipment due to the fact that the product or service is patented or copyrighted. Such
purchases, when identified and justified by the requesting department and upon concurrence of
the Purchasing Director, shall be exempt from the quote and bid process. The Purchasing
Department will maintain records of all sole source justifications. Any sole source purchase over
$25,000 will require approval from the Board of County Commissioners.
Sec. 5-4-100. Cooperative purchasing.
A. The purchasing agent may participate in joint bidding with other public agencies if it is
deemed in the best interests of the County.
B. The Board of County Commissioners can accept any of the state bids without rebidding
the same goods/services at the discretion of the Board of County Commissioners or the
Department of Purchasing.
C. When determined to be in the best interest of the County, the Board of County
Commissioners may select vendors or screen qualifications from other government
procurement processes when those processes meet or exceed those described in this
Code.
Sec. 5-4-110. Emergency purchases.
A. Only the Department of Public Works, Office of Emergency Management, Department of
Public Safety Communications, 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.
B. As described in Sections 2-15-60 and 2-16-60 of this Code, in the event of activation of the
Continuity of Government (COG) Plan or Emergency Operations Center, all purchasing
rules set forth in this Chapter shall be suspended, subject to Board of County
Commissioners review. In the event the Continuity of Government Plan is activated, the
COG TEAM LEADER designated by the Board of County Commissioners and/or the Weld
County Director of Finance and Administration shall have the authority, subject to Board
review, to approve any purchases that are necessary in order to continue the County
government. In the event the Emergency Operations Center is activated, the Director of
the Weld County Office of Emergency Management, the Weld County Director of Finance
and Administration and the Weld County Director of General Services shall have the
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authority, subject to Board review, to approve any purchases that are necessary in order
to ensure the continuation of vital services and to continue the Emergency Operations
Center and incident command operations.
C. Informal purchase. In the event of a County-declared emergency disaster or other
warranted conditions, the Board of County Commissioners may set an alternative amount
(found in Appendix 5-L) for informal purchases in order to expedite the procurement
process to speed response and recovery.
D. Ten-day waiting period. Per Section 14-9 of the Weld County Home Rule Charter, the
ten-day waiting period for sealed bids and bids over the amount set annually by ordinance
(found in Appendix 5-L) by the Board of County Commissioners may be waived by
resolution of the Board for emergency purchases.
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, with exception to the Department of Public Safety Communications as
described in Section 5-4-125. 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.
Sec. 5-4-125. Procurement by the Department of Public Safety Communications.
The Weld County Department of Public Safety Communications shall purchase all
information technology resources, including, but not limited to, electronic hardware, software, and
services of the Department. All purchases shall be conducted in accordance with the policy and
procedures set forth in this Chapter. All non-IT resource purchases, such as furniture, office
supplies, etc. shall be purchased by the Department of Purchasing.
Sec. 5-4-130. Procurement by the Department of Human Services
The Department of Human Services shall procure all needed professional services
required by the Department and as approved by the Board of County Commissioners.
Procurement shall be conducted in accordance with the policy and procedures set forth in this
chapter and/or the requirements of any grant, contract, or other funding requirements. All
non-professional services, such as furniture, office supplies, etc., shall be purchased by the
Department of Purchasing.
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), 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) on a case-by-case basis.
A. Selection process:
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1. The selection of individuals or companies to perform professional services work
shall be conducted in accordance with purchasing procedures described in this
chapter. Selection criteria may vary with each specific service.
2. If the needed service or materials can be provided by other than a sole source, a
request for proposal or request for quote will be made by the Department of
Purchasing with assistance from the requesting department. In the case of a sole
source, the Department of Purchasing will make the determination that no other
qualified vendor is available or practical for use by the County. In cases of a sole
source, the reason or reasons for specifying the sole source must be stated in the
signed contract for the record.
B. Contract Establishment
1. Department employees with designated contract management authority for goods
and services shall follow the procurement procedures. In addition, the
designated department contract manager or representative shall enter the contract
into the contract management system for review and appropriate signatures. The
following are generally required:
a. Review and coordination with the County Attorney to develop the contract
which ensures proper liability indemnification and insurance statements
are incorporated.
b. Obtain contractor's legal representative signature on contract.
c. Review and approval by Department Head.
d. Review and approval by the Director of General Services.
e. Review and approval by Director of Finance and Administration, or
designee.
f. Coordination with the Clerk to the Board so contract can be presented to
the Board for final approval.
2. Department employees with contract management authority shall ensure the
appropriate certificate of insurance and bonding documentation is secured prior to
permitting work to be performed. If possible, this documentation shall accompany
the contract presented for Board approval. If not possible to accompany contract,
the documents shall be provided to the purchasing agents for inclusion into record
keeping.
C. Approval Process:
1. State statutes and Section 3-8(4)(m) of the Weld County Home Rule Charter
requires that all contracts must be approved by the Board of County
Commissioners and signed by the Chair of the Board in order to be valid. Unless
otherwise authorized, prior to consideration for approval by the Board of County
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Commissioners, the contract shall be approved by the County Attorney, the
Department Head originating the contract, the Director of General Services and
the Director of Finance and Administration, or designee.
2. Approval by the Board of County Commissioners shall follow the procedures
described in Section 2-1-40 of this Code.
D. Modifications to contracts. Every contract change order, renewal, term modification, or
price adjustment (in excess of the original contract amount) must be approved.
1. Modifications under twenty-five thousand dollars ($25,000) (cumulative) to service
contracts can be approved by the department head or designee, or elected official.
Modifications over twenty-five thousand dollars ($25,000) (cumulative) to service
contracts must be approved by the Board of County Commissioners.
2. Modifications including, but not limited to, change orders, term modifications or
price adjustments (in excess of the original contract amount) to capital
improvement construction contracts, must be approved by the Board of County
Commissioners.
a. The Chair of the Board is authorized to enter into and sign contracts and
agreements for all change orders to contracts for construction projects of
up to five percent (5%) of the original contract amount, not to exceed
twenty five thousand dollars ($25,000) (cumulative).
E. Term of Contract. When it is in the best interest of the County, contracts can be on a
multiple-year basis with renewals at the option of the County and approval by the Board of
County Commissioners.
F. Contract Implementation. Department Heads (and elected officials) are responsible for
implementation of the requirements and specifications of all contracts with their
Department.
Sec. 5-4-150. Qualification-based selection process for professional services.
A. Applicability. This qualification-based selection (QBS) process must be used whenever
required by state or federal law. Appendix 5-P provides additional guidance.
B. QBS procedure.
1. Step 1: RFQ. A Request for Qualifications ("RFQ") shall be advertised by the
Department of Purchasing, outlining general project requirements and proposal
guidelines.
a. The RFQ may be advertised at the time that a project need arises or prior to
any project need arising. If the RFQ is not project-specific, the RFQ shall
be advertised annually, in order to create a short list of qualified individuals
or firms that are able to provide professional service. Nothing in this
Section precludes the County from accepting qualifications and/or vendors
as allowed in Section 5-4-60 of this Article.
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b. Individuals or firms responding to the RFQ shall submit a statement of
interest to the Department of Purchasing by a designated date. Such
statements shall address the categories provided in Appendix 5-Q.
c. The department head or elected official shall designate a review team
which shall review the individuals/firms based upon their statements of
interest according to the criteria provided in Appendix 5-Q. The Director of
General Services, or his or her designee, shall participate on every review
team. The review team shall create a short list of three (3) to five (5)
individuals/firms.
2. Step 2: RFP/Interviews. The department head or elected official shall provide a
Request for Proposal (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 interview all individuals/firms responding to the RFP and shall rank each
proposal according to the criteria provided in Appendix 5-S.
3. Step 3: Negotiation.
a. The department head or elected official, or his or her designee, shall
negotiate in good faith with the highest ranked firm or company in order to
come to agreement on all aspects of the contract, including total contract
price.
b. If no agreement can be made with the highest ranked company or firm, the
department head or elected official, or his or her designee, may stop
negotiations and begin negotiations with the next highest ranked firm or
company. This process may be repeated as may be necessary. If
negotiation is not successful with any of the ranked companies or firms, the
department head or elected official may begin the QBS process over or
may begin the negotiation process over.
C. Best Value QBS procedure.
1. Step 1: 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 at the discretion of the Board of County
Commissioners. Step 1 of the process is identical to Step 1 under Subsection B.
above.
2. Step 2: 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 shall interview the lowest
bidder.
3. Step 3: Interview/Award. If the low bidder's proposal meets the specifications
provided in the RFP, the department head or elected official shall recommend that
the Board of County Commissioners award the contract to the low bidder. If the
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low bidder's proposal does not meet the specifications of the RFP, the department
head or elected official shall interview the next lowest bidder until the lowest bid
that meets specifications is identified.
D. Approval of contract. 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.
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.
Sec. 5-4-170. Disposal of surplus property.
A. This procedure shall be used for disposing of all County-owned material, equipment and
supplies except for property seized by the Sheriffs Office.
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) 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 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) 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.
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 to the mutual satisfaction of the department heads involved. An inventory
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transfer slip shall be filled out, signed by both department heads and forwarded
immediately to the Department of Accounting.
E. Transfer of supplies, materials and equipment between departments in different funds
shall result in a journal entry being written from one (1) fund for deposit in the other fund by
the Department of Accounting.
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.
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.
H. In the event no bids are received for the sale of surplus property, the Director of General
Services may negotiate a sale. Final negotiated sale must be approved by the Board of
County Commissioners.
Sec. 5-4-180. Payments.
A. All bills paid by the County are paid through the Accounting System and fall into one (1) of
the following categories:
1. Direct pay is a payment generated without system-generated purchase order.
Expenditures in this category do not have a requisition due to departmental
spending limits and procedures identified in Section 5-4-60. A list of other
expenditures for which Direct Pay can be used listed in Section 5-4-80.
2. Regular pay — payment with system-generated purchase order. Expenditures in
this category require a purchase order.
3. Procurement Card (P-Card) purchases using issued credit card with settlement at
end of each month.
B. Upon approval of the Controller, Director of Finance and Administration or the Director of
General Services, an expenditure without a requisition and purchase order may be paid if,
in his or her opinion, circumstances warrant payment.
C. No demand for money against the County shall be approved, allowed, audited, or paid
unless it shall be in writing, dated, and sufficiently itemized to identify the expenditure.
D. The original copy of the invoice shall be scanned and saved by the Department of
Accounting. Once the invoice is scanned, the originating department will process the
payment.
E. Appropriate on-line approvals for the Accounting System must be completed, with the
Department of Accounting having final approval on all payments. After approvals are
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complete, the warrant will be printed and mailed out with appropriate remittance
documents.
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. Purpose. The purpose of the P-Card Program is to streamline and simplify the
purchasing and payment process for County transactions. The goal of the program is as
follows:
1. To simplify the reimbursement process.
2. To eliminate the time-consuming bank record process.
3. To reduce or eliminate out-of-pocket expenses.
4. To provide P-Card holders with empowerment to choose.
B. General guidelines.
1. P-Card users must comply with all other applicable sections of this Purchasing
Policy, including, but not limited to, Section 5-4-60 of this Article. regarding the
need to obtain bids.
2. Card issuance. Each P-Card holder will be required to complete a P-Card holder
agreement. By signing the agreement, the P-Card holder has agreed to adhere to
the guidelines established in this Section. A sample of the cardholder agreement
is available in the Accounting Department.
a. Each P-Card holder is the only person entitled to use a card. The card is
not to be used for personal use.
b. Since each P-Card is linked to a specific area number and individual
cardholder, the card cannot be transferred from one P-Card holder to
another.
c. Upon receipt of the P-Card, the P-Card holder must activate the account by
calling the toll-free number printed on the card. For verification purposes,
the P-Card holder will be asked to provide his or her unique identification
number.
1) Although the card is issued in the P-Card holder's name, his or her
personal credit history will not affect the ability to obtain a card.
d. The County is responsible for payment of all purchases.
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3. Account maintenance. To change any information regarding an account, such as
e-mail address or expense accounting code, a P-Card holder must contact the
P-Card Administrator and complete appropriate documentation.
4. Card usage. The P-Card can be used at any merchant that accepts Visa, except
as the County otherwise directs. It may be used for in-store purchases, as well as
phone, fax or mail orders. There is no special terminal or equipment needed by
the merchant to process a P-Card transaction.
a. When using the P-Card, inform the merchant not to send an invoice to
Accounts Payable, since this may result in a duplicate payment.
b. For phone, fax and mail orders, the merchant should send a
receipt/packing list only. The receipt/packing list should indicate "paid by
credit card,"with the P-Card holder's name listed in the "ship to"field. The
receipt/packing list needs to be turned in with all other receipts for the
month to the approver.
5. Limitations and restrictions. Each P-Card has restrictions and limitations that are
in line with established purchasing policy. Modifications to any limitation or
restriction can only be made by the P-Card Administrator.
a. Single-transaction and monthly dollar limits are placed on each P-Card.
Purchases should not be split to avoid the single transaction limit.
b. The P-Card Program also allows for merchant category blocking. If a
particular merchant category is blocked (e.g., jewelry stores) and an
attempt is made to use a P-Card at said merchant, the purchase will be
declined. The County has made an effort to ensure that the vendors and
suppliers used during the normal course of business are not restricted. If
a P-Card is refused at a merchant, which is believed to be appropriate,
contact the P-Card Administrator in the Accounting Department.
c. Automated customer service assistance is available twenty-four(24) hours
per day, seven (7) days a week. The menu prompts with options that will
provide the following information:
1) Current balance.
2) Report lost or stolen P-Card.
3) Speak with a customer service representative.
d. Depending on the result of each inquiry, a P-Card holder may want to
discuss the issue further with the supervisor, who is empowered to advise
the P-Card Administrator to modify the restrictions on an employee's use of
the P-Card.
NOTE: All requests for changes in limitations and restrictions must be
made through the P-Card Administrator.
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6. Lost or stolen cards. Each P-Card holder is responsible for the security of his or
her P-Card and any purchases made on the account. Any lost or stolen P-Card
must be reported immediately to the issuing bank and the P-Card Administrator.
a. Immediately after reporting to customer service at the issuing bank, a
P-Card holder must inform the P-Card Administrator. It is extremely
important to act promptly in the event of a lost or stolen P-Card to avoid
company liability for fraudulent transactions.
b. As with a personal charge card, the P-Card holder will no longer be able to
use the account number after notifying the bank of a lost or stolen card. A
new card will be issued once the P-Card administrator is notified, with
delivery within ten (10) days.
C. Authorized purchases. The P-Card Program is intended for maintenance, repair,
operation and other low-value purchases needed during the course of business. These
purchases may include, but are not limited to, the following:
1. Office supplies and forms.
2. Books and subscriptions.
3. Computer supplies, e.g., diskettes.
4. Travel-related expenses.
5. Miscellaneous items.
6. Training registrations.
D. Unauthorized purchases and vendors. The P-Card should not be used for the following
items:
1. Items for personal use.
2. Cash withdrawals.
3. Direct marketing.
4. As with any County purchase, the P-Card is not to be used for any product, service
or merchant considered being inappropriate for County funds.
Failure to comply with the above guidelines for authorized purchases under the P-Card
Program may result in disciplinary action, cancellation of card privileges and possible
termination of employment.
E. Reconcilement and payment. Unlike personal credit cards, the P-Card Program is
handled as a County liability. The P-Card holder's personal credit history has not been
taken into account when a P-card has been issued.
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1. The Accounting Department is responsible for paying the invoice each month, and
the P-Card holder is not responsible for direct payment under his or her account.
2. It is the responsibility of the P-Card holder, immediately upon receipt of an e-mail
from the P-Card Expense Reporting system, to sign on and reconcile the
statement on-line.
a. Present all receipts in the receipts envelope to the individual responsible
for approval, who will electronically review the statement, review receipts
and forward to the Accounting Department for final review, interface into
the finance system and filing.
NOTE: Use one (1) receipt envelope per P-Card holder. Please do not mix
P-Card holder receipts.
3. The individual responsible for approval of the statement shall review and approve
all documents in the P-Card Expense Reporting system.
4. The P-Card balance is replenished once per month.
F. Receipt retention. All receipts for goods and services purchased must be kept. For
orders placed via phone, fax or mail, a receipt must be requested detailing merchandise
price, freight, etc., and be included with the goods mailed or shipped. A P-Card holder
should request a fax of the receipt prior to the goods being shipped, to ensure that a
receipt is available for statement reconciliation.
NOTE: A merchant should not reject this request since it is a Visa policy.
G. Disputed or fraudulent charges. If there is a discrepancy on the statement, it is
imperative that the issue is addressed immediately. Depending on the type of
discrepancy, the P-Card holder must contact either the merchant or the bank to resolve
the disputed transaction.
1. If the merchant has charged incorrectly, or there is an outstanding quality or
service issue, the P-Card holder must first contact the merchant and try to resolve
the error or problem. If able to do so and the error resulted in an overcharge, a
credit adjustment from the merchant should be requested and will appear on the
next statement.
2. If the merchant disagrees that an adjustment is necessary, immediately contact
the bank. The bank will request complete details of the dispute in writing in order
to research the item in question. The details of the disputed transaction should be
reported on Weld County letterhead, on the Bank Dispute Form available in the
Accounting Department or in the dispute screen available on-line.
3. The bank must receive any charge dispute within sixty (60) days of the transaction
date. While resolution is pending, the bank will credit the County's account for the
amount of the disputed transaction.
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a. Although the bank acts as the arbitrator in any dispute, a P-Card holder
should never assume that a dispute will be resolved in his or her favor.
4. If the dispute is not resolved satisfactorily and a P-Card holder believes the
merchant has unfairly treated him or her, the P-Card Administrator should be
notified with the relevant details. Further action may be taken as deemed
appropriate.
5. Any fraudulent charge, i.e., a charge appearing which was not authorized by the
card holder, must be reported immediately to the bank. Prompt reporting of any
such charge will help to protect the County from liability. A Declaration of Forgery
or Unauthorized Use Form is available in the Accounting Department to facilitate
notification of any such transactions.
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.
1. If the P-Card holder makes a purchase and sales tax is charged (except on meals),
the P-Card holder will be responsible for payment of the sales tax or getting a
refund from the merchant. The County will NOT pay any sales tax.
2. Questions regarding this policy and any other questions concerning tax issues
should be addressed to the P-Card Administrator.
Sec. 5-4-200. Audit and Enforcement responsibilities.
A. The responsibility for purchasing policy resides with the following:
1. Department Heads will:
a. Review and initiate Requisition requests.
b. Ensure funding is available in budget prior to initiating Requisition requests.
c. Ensure the rules of the procurement process are being followed by staff.
d. Make purchases in the best interest of the County.
2. Director of General Services will:
a. Ensure rules of the procurement process reflect current practices and are
being followed by staff.
b. Ensure quotes are recorded/retained for review.
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Carly Koppes. Clerk and Recorder. Weld County. CO 201O 5- 1 5-2
iii fr�skI111��,lfi P'friL I'+1�l t �l4',� G4tl4K���M�t Yt� �I II I
c. Review purchase orders.
d. Review any increases to purchase orders to ensure any change orders
follow the procurement process.
3. Controller will:
a. Review Purchasing Card transactions to verify that policy is being followed.
b. Verify funding is present in budget during requisition process.
c. Verify funding is present in budget for purchase order increases.
4. Director of Finance and Administration will review expenditures in relation to
budgeted amount.
B. County employees at all levels are responsible for adherence to all sections of the
procurement policy. Examples of improper use of purchasing authority include:
1. Stringing or splitting a large purchase into two or more smaller orders in order to
avoid bid requirements.
2. Conflict of interest and/or poor ethical conduct.
3. Not processing a purchase utilizing the Requisition to Purchase Order process.
4. Improper, misleading, or deceptive use of the Sole Source Justification or Bid
Documentation.
a. Individuals will be subject to disciplinary action for failing to handle
purchases according to policy and elimination of delegated purchasing
authority for the individual or department.
b. Employee may be recommended for discipline through the Department of
Human Resources.
Amend APPENDIX 5-L, Required Bid Amount - ATTACHED
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
4098077 k
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04/10/2015 04'20 PM R Fe e:$0.00 CO�IIIklr1L'IRII.��+l��'{���,Y,q[+lel'�r[�:[i;iLJfa�4lWrf, NI III ORD2015-2
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 2015-2 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
WEI, COUNTY, COLORADO
ATTEST: Cdr,L , W ;� daraKirkmS
Weld County Clerk to the Boa d
/ Mike Freeman, Pro-Tern
BY: �L.i����i�/s/I r� 4f n N c---•
Deputy CI;?rk to th:toa + ;. —P C-----'
Sean P. Conway ' ///J//
1861 akI2
/, i`n a C
APPROVED AS TO FOC`w.! 4f"4 i W--e-
to a � Julie A. Cozad
County Attorney '` J ` / ' `"O'L2'"-`-cr
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
Con't to: March 25, 2015
Publication: April 1, 2015, in the Greeley Tribune
Effective: April 6, 2015
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Carly Koppes. Clerk and Recorder. Weld County, CO
lIII MIrAr,4P, :I#TL' t 4 liisiA ll 'itFarlCr?likii,, 11111
PAGE 26 2015-0780
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APPENDIX 5-L
REQUIRED BID AMOUNT
Pursuant to Article XIV, Section 14-9, Section 5 of the
Weld County Home Rule Charter,
written, sealed bids and a ten-day period
for consideration and investigation of the bids are required
for purchases in excess of an amount set annually
by the Board of County Commissioners by ordinance.
Through repeal and reenactment of this Appendix,
the amount set for the year 2015 is $25,000; however,
the amount is $150,000.00 for all contracts for a disaster emergency event
in the case where a declaration of disaster is made
by the Board of County Commissioners.
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Carly KopPes Clerk and Recorder. Weld County.. CO
'III Frai'tfLP 1110tFilli Filii I R W1' AM 5 III
PAGE 27 2015-0780
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aAkat V/24.0i,inAis
Scirkfattit;
WELD COUNTY - R5:-024015
CODE ORDINANCE 2015-2
IN THE MATTER OF REPEALING AND REENACTING, IN ITS ENTIRETY, CHAPTER 5
REVENUE AND FINANCE - ARTICLE IV PURCHASING POLICY, 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 Chapter 5, Article IV, of the Weld County Code be, and
hereby are, repealed and re-enacted, in its entirety, to read as follows.
CHAPTER 5
REVENUE AND FINANCE
ARTICLE IV
Purchasing Policy
Sec. 5-4-10. Statement of policy.
A. The Local Government Budget Law of Colorado, Section 29-1 -103, C. R.S. , provides that
each local government shall adopt an annual budget. Such budget shall present a
complete financial plan for the ensuing fiscal year. It shall set forth all proposed
expenditures for the administration, operation and maintenance of all offices,
departments, boards, commissions, and institutions of such local government, including
publicly owned and operated utilities and enterprises. Section 29-1 -113, C. R. S. , and
Section 14-2 of the Home Rule Charter provide that, before the beginning of the fiscal
year, the Board of County Commissioners shall enact an ordinance making appropriations
for the ensuing fiscal year. The amounts appropriated for the offices, departments,
boards, commissions and other spending agencies shall not exceed the amount fixed
therefore in the budget adopted by the governing body.
B . Section 29- 1 -110, C . R. S. , provides that, during the fiscal year, no officer, employee or
other spending agency shall expend or contract to expend any money, incur any liability or
PAGE 1 2015-0780
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enter into any contract which , by its terms, involves the expenditures of money in excess
of the amounts appropriated . Any contract, verbal or written , made in violation of this
Section shall be void and no moneys belonging to a local government shall be paid on
such contract. Subsection 3-8(4)(m) of the Home Rule Charter provides that all contracts
must be approved and executed by the Board of County Commissioners. The Chair of
the Board shall sign all contracts unless otherwise delegated .
C Section 29-1 - 115, C. R.S. , provides that any member of the governing body of any local
government or any officer, employee, or agent of any spending agency, who knowingly or
willfully fails to perform any of the duties imposed upon him or her, by this Article, or who
knowingly and willfully violates any of its provisions is guilty of malfeasance in office and ,
upon conviction thereof, the court shall enter judgment that such officer so convicted shall
be removed from office. Any elector of the local government may file an affidavit
regarding suspected malfeasance with the District Attorney, who shall investigate the
allegations and prosecute the violation if sufficient cause is found. It is the duty of the
court rendering any such judgment to cause immediate notice of such removal to be given
to the proper officer of the local government so that the vacancy thus caused may be filled.
D. Accurate records of expenditures and encumbrances must be kept by the Department of
Finance and Administration so that department heads and elected officials can be
informed on a timely basis of expenses and obligations in comparison to the adopted
budget of the County. By utilizing a consistent policy of purchasing procedures, the
County's elected officials and department heads will find it easier to comply with the
provisions of the state statutes and the Home Rule Charter.
E . This Article will provide reference for questions that may arise, and will assist in prompt
procurement consistent with economy.
F The Home Rule Charter provides that Central Purchasing shall establish, maintain and
operate the Central Purchasing Office for the County. Responsibilities of the Purchasing
Office shall include the receipt of quotes and the purchase of supplies, materials, property,
equipment, and inventory pursuant to policies and procedures established by the Board of
County Commissioners and in accordance with the Charter and the laws of the State.
The policy of the Department of Purchasing in the discharge of these duties will include,
with the assistance of other departments and agencies, the establishment of reliable and
reputable sources of supply, the fostering of competition , and good procurement practices
consistent with timely accomplishment of its goals. All negotiations will be conducted on
the highest level of business ethics. All contact with existing or potential suppliers after
submission of a purchase requisition shall be made by, or with the knowledge and
approval of, the Department of Purchasing or the delegated Department Head (elected
official) . While establishing and maintaining satisfactory supplier relationships, the
acceptance or solicitation of entertainment, loans, gifts, or special considerations by any
County personnel will not be permitted.
G Compliance with the provisions of this Article is mandatory. Any provisions which
adversely affect the performance of any department's vital services shall immediately be
called to the attention of the Director of General Services.
PAGE 2 2015-0780
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H . It shall be deemed a violation of this Article for any County personnel to:
1 Violate the Standard of Conduct or the Code of Ethics for a local government
official or County employee as prescribed by Article 18 of Title 24, C. R.S.
2 Knowingly exaggerate requirements for the purpose of temporarily receiving a
better price.
3. Knowingly underestimate requirements or deny the existence of a requirement to
avoid doing business with a particular supplier.
4. Knowingly misrepresent a competitor's prices, quality, or services to obtain
concessions.
5. Purchase goods or services without proper procedures. ANY GOODS OR
SERVICES PURCHASED WITHOUT PROPER PURCHASING PROCEDURES
WILL NOT BE PAID FOR BY THE COUNTY AND WILL BECOME THE
PERSONAL LIABILITY OF THE INDIVIDUAL MAKING COMMITMENT TO THE
VENDOR FOR THE ILLEGAL PURCHASE .
Any employee found in violation of the provisions of this Section will be subject to
disciplinary actions.
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. The individual departments should not be burdened with unsolicited visits from suppliers.
To avoid this, they should observe the following procedures:
1 . All unsolicited vendor's representatives will be referred to, and received by, the
Department of Purchasing ; and when necessary for them to talk with department
heads or elected officials, the interview will be arranged by the Department of
Purchasing. If an unsolicited vendor should contact the department directly, he or
she shall be immediately referred to the Department of Purchasing. No
unsolicited vendor is permitted in departments unless approval is received from
the Department of Purchasing .
2. The Department of Purchasing will inform or distribute to department heads
(elected officials) any useful information received from interviews, catalogs,
advertising, e-mail , etc.
B During the course of business, it is recognized that the individual departments will need to
conduct analysis of products in regards to quality, costs, flexibility, and applicability.
Therefore, individual departments may solicit visits from supplier(s) for demonstration
purposes.
PAGE 3 2015-0780
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1 . Solicited demonstrations or product inquiries can be explored by either individual
departments or the Department of Purchasing.
2 . Interactions during these solicitations and demonstrations shall comply with ethical
standards of conduct.
Sec. 5-4-30. Bid regulations.
A. Section 14-9 of the Home Rule Charter specifies that:
1 . The Board of County Commissioners shall adopt bidding procedures for county
purchases which shall assure open and competitive bidding on all county
purchases, and the Central Purchasing Division shall follow the procedures
adopted in all county purchases.
2. Bid specifications shall be prepared in such a manner as to invite and encourage
bidding from all suppliers of the goods and equipment being purchased by the
County. No specifications shall be submitted to bidders so restrictive in detail as
to eliminate any line of competitive equipment.
3. The County Commissioners shall give preference to resident Weld County bidders
in all cases where the bids are competitive in price and quality.
4. The County Commissioners shall enter in the minutes of the meeting , at which a
purchase is made for other than a low bid , the reason for not accepting the low bid.
5. All purchases in excess of an amount to be set annually by the Board of County
Commissioners by ordinance shall be by written , sealed bid and bids over the
amount set annually by ordinance by the Board of County Commissioners shall be
followed by a ten-day period for consideration and investigation of the bids
submitted to determine comparisons of quality and price. The ten-day waiting
period may be waived by resolution of the Board for emergency purchases. The
Commissioners shall accept the bid they find to be most beneficial to the County.
B. Section 30- 11 - 110, C . R. S. , specifies that it is unlawful for any board of county
commissioners of any county to accept any bid or make a purchase of any books,
stationery, records, printing, lithographing or other supplies for any officer of its county,
from any person, company or corporation having its manufactory or principal place of
business outside the State, when the same can be procured from some person , company
or corporation having its manufactory or principal place of business within this State and at
a net cost which shall not exceed the amount for which such books, stationery, records,
printing, lithographing or other supplies can be procured and delivered to the County by
any person , company or corporation having its manufactory or principal place of business
without the State.
C. Section 43-2-209, C . R. S . , specifies that:
"Contract for work on highways - advertise for bids. If any board of county
commissioners desires to let out any work on the county highways by contract, it may
advertise in a legal newspaper in the county or post a notice in the county courthouse, for
PAGE 4 2015-0780
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a period of not less than ten days before the contract is let, for sealed proposals for
performing the work. When a contract for work on highways involves expenditure equal
to, or greater than , the amount at which a contract requires a contractor's bond under
Section 38-26-105, C. R. S. , the board of county commissioners shall advertise in a
newspaper as provided in this section unless such advertisement, in the judgment of the
board , would be detrimental to the immediate preservation of the public peace, health, and
safety. The advertisement must describe the work to be done and its location and must
refer all persons to the person holding the plans and specifications therefore, and such
contract shall be awarded to the lowest responsible bidder, the board reserving the right to
reject any bids proffered . The cost of any county highway work mentioned in Section
43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency
road fund , as the board may determine."
D The Department of Purchasing shall continually strive to increase competition and obtain
new sources of supply. Bidding shall be open and unrestricted; however, the County
shall not be obligated to solicit bids from every supplier for every requirement.
Quotations and bids shall be based on established standards and specifications whenever
possible.
Sec. 5-4-40 Definition of Terms :
The following terms shall be used with the given definitions when used throughout this
section .
A. Department: The term "Department" includes all offices of the Weld County Government.
B. Purchases: The term "Purchases" is defined and categorized as follows:
1 . Small Purchases are goods and services for less than $5, 000.
2. Informal Purchases are those transactions of $5,000 and up to $25, 000
3. Formal Purchases are those transactions greater than $25, 000 and must be
processed through the Purchasing Department.
C 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 Director of General Services. The
Controller can sign Purchase Orders during the absence of the Director of General
Services.
D. 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.
PAGE 5 2015-0780
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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 .
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 .
Sec. 5-4-50. General information.
A. A smooth flow of requisitions, purchase orders, and invoices must be accomplished .
Departments can assist by giving the Department of Purchasing as much time as possible
to fill an order. The Department of Purchasing shall endeavor to complete the order in a
reasonable amount of time. If there are problems or complaints that cannot be worked
out between departments and the Department of Purchasing , the Director of General
Services should be notified .
B. The purchasing agent shall purchase only those supplies, materials, and equipment
requested by a using department. The agent will , however, keep department personnel
informed on price changes, deliveries and other information that is in the best interest of
sound County fiscal policy.
C The Board of County Commissioners may, by motion or resolution, purchase an item of
used equipment which , by its very nature is not biddable as a practical matter.
D . All provisions of the Home Rule Charter prohibiting employees and elected officials of the
County from doing business with the County shall be strictly adhered to in connection with
the purchase of all supplies, services, materials, and equipment by the Department of
Purchasing and department heads.
E. Departments are encouraged to seek the assistance of the purchasing staff as early in the
acquisition process as possible and as necessary. It is at the beginning of the process
that using departments can realize the major benefits provided by the Department of
Purchasing staff, who will suggest products or services to meet the using department's
needs; contact vendors to obtain literature and set up demonstrations; obtain price and
delivery information ; and investigate alternatives, including their advantages,
disadvantages, and costs. These services are available to the using department as soon
PAGE 6 2015-0780
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as it decides to solve a supply problem . Departments should contact the Department of
Purchasing prior to budgeting and/or submitting a requisition .
F. Special circumstances for negotiated purchases without bid. Purchase Orders and
contracts may be awarded by the Board of County Commissioners without the
requirement stated in this Section in any of the following cases:
1 In the event no bids are received for an item , the Director of General Services is
authorized to negotiate a purchase on behalf of the County.
2 . Service on existing equipment if it is to the County's advantage to obtain parts,
repair or service on existing equipment, its supplies or software from a
factory-authorized dealer or manufacturer.
Sec. 5-4-60. Purchasing 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 and/or select the bid which is in the best interest of the County.
A. Small Purchases. Purchasing authority has been delegated to the Department head of
each Department for those transactions under $5,000 and within their budget. Small
purchases do not require quotes or a purchase order; however, Departments are
expected to make purchases in the best interest of the County. Acquisitions of products
and services under $5, 000 may be handled three ways:
1 . Submission of a formal requisition request to Purchasing,
2 . Use of a procurement card (subject to the limitations of Section 5-4-200) , or
3. Invoice generated by vendor for a direct pay.
B . Informal Purchases. Purchasing authority has been delegated to the Department head
of each Department for those transactions between $5, 000 and $25,000 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 vendors to avoid
doing a Formal Bid.
1 . The informal bid process consists of:
a . Submission of a formal requisition request to Purchasing or a direct
department solicitation to qualified vendors.
PAGE 7 2015-0780
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b. Either method should consist of a minimum of three (3) bids (whenever
possible) with results sent to Purchasing to be maintained as a public
record. The quotations may be in writing, e-mail , via telephone, or via
facsimile. If by telephone, a complete record of the transaction must be
maintained , to include, as a minimum , the following for each supplier
contacted, including suppliers from whom quotes were solicited , but did not
bid or respond: supplier name, quoted by (name), date of quotation , and
quoted price.
c. When usir�_previously obtained bids to purchase products or services,
such bids shall have been obtained within 12-months of purchase.
2 . Payment for acquisitions of product and services can be secured through :
a. Purchase order initiated by Purchasing,
b. Use of a procurement card (subject to the limits of Section 5-4-180) , or
c. Invoice generated by vendor for a direct pay.
3. If the low bid is found unacceptable because of some factual circumstance, the
Department should write a clear, concise, and factual justification for not accepting
the lowest bid .
4. All informal bid prices received shall remain confidential until the award is made.
After the award is made, all information regarding the bid shall be open for public
inspection during regular business hours.
5 . In the event items do not meet specifications, the Department of Purchasing or
individual Department may reject the bid or, at its discretion, ask for additional
documentation from the vendor regarding evidence of why the alternate will satisfy
the need. If documentation justifies, the County may invite the vendor to provide
a demonstration . Based upon data and/or demonstration, the Department of
Purchasing or individual Department may accept an alternative bid.
C Formal Purchases. All vehicle purchases and purchases over $25,000 must go through
the formal bid process. The formal bid procedures may be used for purchases under the
amount established by the annual purchasing ordinance (twenty-five thousand dollars
[$25,000]) when the best interest of the County so dictates.
1 All bidding shall be in accordance with, and pursuant to, Section 14-9(1 )-(5) of the
Home Rule Charter. All purchases in excess of an amount to be set annually by
the Board of County Commissioners by ordinance shall be by written , sealed bid,
and bids over the amount set annually by ordinance (twenty-five thousand
[$25, 000]) by the Board of County Commissioners shall be followed by a ten-day
period for consideration and investigation of the bids submitted to determine
comparisons of quality and price. The ten-day waiting period may be waived by
resolution of the Board for emergency purchases. The Commissioners shall
accept the bid they find to be most beneficial to the County. Prior to advertising
PAGE 8 2015-0780
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for such bids, the purchasing agent shall verify that the purchase is authorized in
the current budget.
2. At the discretion of the Director of General Services, formal bids may be advertised
in the official county newspaper, except as statutorily required, and may be
advertised in other publications or media, such as an online bid advertisement
service. Such advertisement shall include, but not be limited to, the following :
a. General description of the required commodity or service.
b. The location to obtain required bid documents.
c. Cost of bid documents (if applicable) .
d . Amount of bid bond (when applicable).
e. Time and place of bid opening .
f. Reservation of the right to: ( 1 ) Waive informalities, (2) Reject all bids, or (3)
Accept the proposal deemed most advantageous to the best interest of the
County.
3. Invitations to bid shall be sent to all appropriate vendors on the County's vendor list
and/or through the appropriate online bid advertisement service categories. The
County may send invitations to other qualified vendors and/or by advertising on the
interne₹ or through direct solicitation .
4. When bids are received , they shall be stamped with the date and time received ,
initialed by the person receiving them , and filed until opened . After the bids are
opened , the proposals shall be reviewed by the purchasing agent and the
department head who initiated the requisition .
5. All formal bids shall be publicly opened at the time and place indicated in the
advertisement or as specified in the bid documents. If bids are submitted by email
or facsimile, the vendor must include the following statement, "I hereby waive my
right to a sealed bid ." Bidders are invited , but are not required, to attend the bid
opening.
6. The Department of Purchasing may introduce "other source" bids that serve the
best interest of the County. "Other source" bids are quotes for products and/or
services which are obtained from entities such as on-line sources, direct-buy from
manufacturers or wholesalers, published catalogues, or other sources which may
increase competition and reduce cost.
7 . Formal bid review and award. When evaluating bids, consideration may be given ,
but not necessarily limited to some or all of the following: price, bidder's previous
record of performance and service (internal/external) , ability of bidder to render
satisfactory service in this instance (i. e. , training, maintenance and repairs) ,
availability of bidder's representative to call upon and consult with the end users,
PAGE 9 2015-0780
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quality and conformance to specifications, delivery schedule, life cycle costs,
warranty.
a . The department head and the purchasing agent will make a
recommendation to the Board of County Commissioners. The final award
of the bid will be approved by the Board of County Commissioners. If the
low bid is found unacceptable because of some factual circumstance, the
Department should write a clear, concise, and factual justification for
selecting other than the low bid.
b Per Section 14-9(3) of the Weld County Home Rule Charter, the County
Commissioners shall give preference to resident Weld County bidders in all
cases where the bids are competitive in price and quality.
c. Per Section 14-9(4) of the Weld County Home Rule Charter, the County
Commissioners shall enter in the minutes of the meeting, at which a
purchase is made for other than a low bid , the reason for not accepting the
low bid .
d . Exceptions to this section include sole source purchases and professional
services approved by the Board of County Commissioners.
Sec. 5-4-70. Questioned purchase requisitions and purchase order changes.
A. The Director of General Services has the right and duty to question any item on a
requisition that may be unnecessary and/or unreasonable.
B. The Director of General Services has a duty to question increases to purchase orders to
ensure the appropriate change order was obtained .
C The Director of General Services does not, however, assume the authority to refuse to
authorize the purchase of the item requisitioned or the increase in the purchase order,
which is authorized through the Accounting Department.
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.
Sec. 5-4-80. Expenditures not requiring a procurement process-requisitions.
A. It has been determined that it is not in the best interests of the County to exempt certain
purchases of require-requisitions--on- all--purchases--of goods or services from the
requirements of this code. The following is a list of the expenses which will be processed
for payment in the Department of Accounting without a requisition and purchase order:
1 . Notices. Notices placed in newspapers or other publications for any County
business.
PAGE 10 2015-0780
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2 . Allocations to outside agencies. Payments made to agencies outside County
government for which an amount was determined at budget hearings. (Nonprofit
agencies, libraries, cities, etc.)
3 . Auto mileage and personal reimbursements. Reimbursements to County
employees or individuals for expenses paid out-of-pocket. Mileage shall be
reimbursed at the current rate per mile for authorized travel on County business.
4 . Fees paid for autopsy services.
5. Dues, meetings and travel expenses. Dues to organizations, registration fees for
seminars and conventions, and expenses incurred while attending seminars and
conventions such as hotel bills, food , cab fare, etc.
6. Education and training expenses. Fees paid to organizations for training of
County employees (including Manpower and other Department of Human
Services clients) .
7 Expert witnesses. Expert witnesses called by the District Attorney, County
Attorney or Sheriff to testify in the County's behalf.
8. Postage. Stamps, postage-paid envelopes or postcards.
9 . Rent payments. Monthly rental payments for office equipment, buildings,
vehicles, etc.
10. Telephone. Regular telephone bills or telephone answering service.
11 Transcripts. Transcripts for the District Attorney, County Attorney or other County
offices.
12. Utility bills. Monthly charges for electrical, water and gas (including propane)
service .
13. Insurance claims. Payment for insurance claims paid out of the Insurance Fund
under the County's protected self-insurance program .
14. Library books, subscriptions, and publications. Publications, books, magazines,
or published materials.
15. Vehicle fuel. Gas, diesel , and propane.
16 . Computer support. Computer hardware, software, maintenance, and supplies
when determined by the Director of Information Technology not to be competitive
resources compatible to the County's computer environment.
17 . Repair and maintenance agreements for office equipment such as copiers and
furniture, etc. (Exception : when the vendor requires a Purchase Order prior to
working on equipment.)
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18. Non-routine rRepairs, maintenance,_ and service agreements required by the
Director of Buildings and Grounds to maintain County facilities . (Exception: when
the vendor requires -a -Purchase-Order- priorta-wor -ing-ors-equipment-)
19. Towing . Vehicles towed by the Sheriff or emergency towing of County vehicles .
20. Medical and fringe benefit claims. Payment made for insurance claims or flexible
benefit accounts.
21 . Photo reproduction .
22. Petty cash. Reimbursements to petty cash funds.
23 . Waived items. The Director of General Services may waive the requirement for
Requisition and Purchase Order when warranted by circumstances.
24 Equipment rental. The Director of General Services may approve rentals of
short-term duration not to exceed thirty (30) days or twenty five thousand dollars
($25,000) . The Director of Public Works and the Director of Buildings and
Grounds may approve rentals of short-term duration not to exceed thirty (30) days
or twenty-five thousand dollars ($25, 000) for their respective departments.
Rental of equipment is subject to the requirements of Section 5-4-60. B. of this
Article. Only the Board of County Commissioners may approve rentals that
exceed thirty (30) days or twenty-five thousand dollars ($25, 000).
25. Medicine and supplies. The purchase of medicines and supplies by the Director
of the Department of Public Health and Environment in cases where criteria other
than price are considered paramount; i .e. safety and quality.
26. Items purchased from current state, federal, GSA or other cooperative contracts.
27 . Emergency purchases when .
a . Human life, safety, health , or County property is in jeopardy .
b. Repairs of equipment involving hidden dangers.
c. Repairs are immediately needed for equipment where delay would lead to
higher expense.
28. Items which are proprietary (software, etc.) .
29. OEM (Original Equipment Manufacturer) requirements for equipment under lease,
rental, warranty or maintenance.
30. Design limitations and compatibility with existing equipment.
31 . Professional services that do not lend themselves to competitive bidding .
Professional Service Agreements are contracts with persons or entities which due
to their experience, education , and expertise, provide technical or specialized
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services. With approval of the Board of County Commissioners, Professional
Services may be obtained without following the requirements of this Chapter.
Sec. 5-4-90. Sole Source Purchases
Purchases may be exempt from the quote and bid process if there is only one appropriate
vendor. Some equipment designation effectively eliminates competition, so support
documentation will be required on the requisition to explain why only a particular brand or service
is acceptable. A sole source situation could arise because of compatibility with existing
equipment due to the fact that the product or service is patented or copyrighted . Such
purchases, when identified and justified by the requesting department and upon concurrence of
the Purchasing Director, shall be exempt from the quote and bid process . The Purchasing
Department will maintain records of all sole source justifications. Any sole source purchase over
$25, 000 will require approval from the Board of County Commissioners.
Sec. 5-4-100. Cooperative purchasing.
A. The purchasing agent may participate in joint bidding with other public agencies if it is
deemed in the best interests of the County.
B. The Board of County Commissioners can accept any of the state bids without rebidding
the same goods/services at the discretion of the Board of County Commissioners or the
Department of Purchasing .
C. When determined to be in the best interest of the County, the Board of County
Commissioners may select vendors or screen qualifications from other government
procurement processes when those processes meet or exceed those described in this
Code.
Sec. 5-4-110. Emergency purchases.
A. Only the Department of Public Works, Office of Emergency Management, Department of
Public Safety Communications, 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.
B. As described in Sections 2- 15-60 and 2-16-60 of this Code, in the event of activation of the
Continuity of Government (COG) Plan or Emergency Operations Center, all purchasing
rules set forth in this Chapter shall be suspended , subject to Board of County
Commissioners review. In the event the Continuity of Government Plan is activated , the
COG TEAM LEADER designated by the Board of County Commissioners and/or the Weld
County Director of Finance and Administration shall have the authority, subject to Board
review, to approve any purchases that are necessary in order to continue the County
government. In the event the Emergency Operations Center is activated, the Director of
the Weld County Office of Emergency Management, the Weld County Director of Finance
and Administration and the Weld County Director of General Services shall have the
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authority, subject to Board review, to approve any purchases that are necessary in order
to ensure the continuation of vital services and to continue the Emergency Operations
Center and incident command operations.
C. Informal purchase. In the event of a County-declared emergency disaster or other
warranted conditions, the Board of County Commissioners may set an alternative amount
(found in Appendix 5-L) for informal purchases in order to expedite the procurement
process to speed response and recovery.
D . Ten-day waiting period . Per Section 14-9 of the Weld County Home Rule Charter, the
ten-day waiting period for sealed bids and bids over the amount set annually by ordinance
(found in Appendix 5-L) by the Board of County Commissioners may be waived by
resolution of the Board for emergency purchases.
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, with exception to the Department of Public Safety Communications as
described in Section 5-4-125. 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.
Sec. 5-4-125. Procurement by the Department of Public Safety Communications.
The Weld County Department of Public Safety Communications shall purchase all
information technology resources, including , but not limited to, electronic hardware, software, and
services of the Department. All purchases shall be conducted in accordance with the policy and
procedures set forth in this Chapter. All non-IT resource purchases, such as furniture, office
supplies, etc. shall be purchased by the Department of Purchasing .
Sec. 5-4-130. Procurement by the Department of Human Services
The Department of Human Services shall procure all needed professional services
required by the Department and as approved by the Board of County Commissioners.
Procurement shall be conducted in accordance with the policy and procedures set forth in this
chapter and/or the requirements of any grant, contract, or other funding requirements. All
non-professional services, such as furniture, office supplies, etc. , shall be purchased by the
Department of Purchasing .
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) , 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) on a case-by-case basis.
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A. Selection process:
1 The selection of individuals or companies to perform professional services work
shall be conducted in accordance with purchasing procedures described in this
chapter. Selection criteria may vary with each specific service.
2. If the needed service or materials can be provided by other than a sole source, a
request for proposal or request for quote will be made by the Department of
Purchasing with assistance from the requesting department. In the case of a sole
source, the Department of Purchasing will make the determination that no other
qualified vendor is available or practical for use by the County. In cases of a sole
source, the reason or reasons for specifying the sole source must be stated in the
signed contract for the record.
B. Contract Establishment
1 . Department employees with designated contract management authority for goods
and services shall follow the procurement procedures. In addition , the
designated department contract manager or representative shall enter the contract
into the contract management system for review and appropriate signatures. The
following are generally required:
a . Review and coordination with the County Attorney to develop the contract
which ensures proper liability indemnification and insurance statements
are incorporated.
b. Obtain contractor's legal representative signature on contract.
c. Review and approval by Department Head.
d. Review and approval by the Director of General Services.
e. Review and approval by Director of Finance and Administration , or
designee.
f. Coordination with the Clerk to the Board so contract can be presented to
the Board for final approval.
2 . Department employees with contract management authority shall ensure the
appropriate certificate of insurance and bonding documentation is secured prior to
permitting work to be performed. If possible, this documentation shall accompany
the contract presented for Board approval . If not possible to accompany contract,
the documents shall be provided to the purchasing agents for inclusion into record
keeping .
C . Approval Process:
1 . State statutes and Section 3-8(4)(m) of the Weld County Home Rule Charter
requires that all contracts must be approved by the Board of County
Commissioners and signed by the Chair of the Board in order to be valid. Unless
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otherwise authorized , prior to consideration for approval by the Board of County
Commissioners, the contract shall be approved by the County Attorney, the
Department Head originating the contract, the Director of General Services and
the Director of Finance and Administration , or designee.
2 . Approval by the Board of County Commissioners shall follow the procedures
described in Section 2- 1 -40 of this Code.
D Modifications to contracts. Every contract change order, renewal , term modification , or
price adjustment (in excess of the original contract amount) must be approved .
1 . Modifications under twenty-five thousand dollars ($25, 000) (cumulative) to service
contracts can be approved by the department head or designee, or elected official.
Modifications over twenty-five thousand dollars ($25,000) (cumulative) to service
contracts must be approved by the Board of County Commissioners.
2 . Modifications including, but not limited to, change orders, term modifications or
price adjustments (in excess of the original contract amount) to capital
improvement construction contracts, must be approved by the Board of County
Commissioners.
a . The Chair of the Board is authorized to enter into and sign contracts and
agreements for all change orders to contracts for construction projects of
up to five percent (5%) of the original contract amount, not to exceed
twenty five thousand dollars ($25, 000) (cumulative).
E . Term of Contract. When it is in the best interest of the County, contracts can be on a
multiple-year basis with renewals at the option of the County and approval by the Board of
County Commissioners.
F. Contract Implementation. Department Heads (and elected officials) are responsible for
implementation of the requirements and specifications of all contracts with their
Department.
Sec. 5-4-150. Qualification-based selection process for professional services.
A. Applicability. This qualification-based selection (QBS) process must be used whenever
required by state or federal law. Appendix 5-P provides additional guidance.
B QBS procedure.
1 . Step 1 : RFQ. A Request for Qualifications ("RFQ") shall be advertised by the
Department of Purchasing, outlining general project requirements and proposal
guidelines.
a . The RFQ may be advertised at the time that a project need arises or prior to
any project need arising. If the RFQ is not project-specific, the RFQ shall
be advertised annually, in order to create a short list of qualified individuals
or firms that are able to provide professional service. Nothing in this
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Section precludes the County from accepting qualifications and/or vendors
as allowed in Section 5-4-60 of this Article.
b Individuals or firms responding to the RFQ shall submit a statement of
interest to the Department of Purchasing by a designated date. Such
statements shall address the categories provided in Appendix 5-Q .
c. The department head or elected official shall designate a review team
which shall review the individuals/firms based upon their statements of
interest according to the criteria provided in Appendix 5-Q . The Director of
General Services, or his or her designee, shall participate on every review
team . The review team shall create a short list of three (3) to five (5)
individuals/firms.
2 . Step 2: REP/Interviews. The department head or elected official shall provide a
Request for Proposal (RFP) to each of the individuals/firms on the short list, who
shall be required to attend a mandatory pm-proposal meeting. The review team
shall interview all individuals/firms responding to the RFP and shall rank each
proposal according to the criteria provided in Appendix 5-S.
3. Step 3: Negotiation .
a . The department head or elected official, or his or her designee, shall
negotiate in good faith with the highest ranked firm or company in order to
come to agreement on all aspects of the contract, including total contract
price.
b. If no agreement can be made with the highest ranked company or firm , the
department head or elected official, or his or her designee, may stop
negotiations and begin negotiations with the next highest ranked firm or
company. This process may be repeated as may be necessary. If
negotiation is not successful with any of the ranked companies or firms, the
department head or elected official may begin the QBS process over or
may begin the negotiation process over.
C . Best Value QBS procedure
1 Step 1 : 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 at the discretion of the Board of County
Commissioners. Step 1 of the process is identical to Step 1 under Subsection B.
above.
2. Step 2: 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 shall interview the lowest
bidder.
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3 . Step 3: Interview/Award. If the low bidder's proposal meets the specifications
provided in the RFP, the department head or elected official shall recommend that
the Board of County Commissioners award the contract to the low bidder. if the
low bidder's proposal does not meet the specifications of the RFP, the department
head or elected official shall interview the next lowest bidder until the lowest bid
that meets specifications is identified .
D. Approval of contract. 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.
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.
Sec. 5-4-170. Disposal of surplus property.
A This procedure shall be used for disposing of all County-owned material, equipment and
supplies except for property seized by the Sheriffs Office.
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) 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 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) 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 .
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
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within the same fund. The value of the items transferred shall be established by the
Controller 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 . Transfer of supplies, materials and equipment between departments in different funds
shall result in a journal entry being written from one (1 ) fund for deposit in the other fund by
the Department of Accounting.
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.
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.
H . In the event no bids are received for the sale of surplus property, the Director of General
Services may negotiate a sale. Final negotiated sale must be approved by the Board of
County Commissioners.
Sec. 5-4-180. Payments.
A. All bills paid by the County are paid through the Accounting System and fall into one ( 1 ) of
the following categories:
1 Direct pay is a payment generated without system-generated purchase order.
Expenditures in this category do not have a requisition due to departmental
spending limits and procedures identified in Section 5-4-60. A list of other
expenditures for which Direct Pay can be used listed in Section 5-4-80.
2 . Regular pay — payment with system-generated purchase order. Expenditures in
this category require a purchase order.
3 . Procurement Card (P-Card) purchases using issued credit card with settlement at
end of each month .
B . Upon approval of the Controller, Director of Finance and Administration or the Director of
General Services, an expenditure without a requisition and purchase order may be paid if,
in his or her opinion, circumstances warrant payment.
C No demand for money against the County shall be approved , allowed , audited , or paid
unless it shall be in writing, dated, and sufficiently itemized to identify the expenditure.
The original copy of the invoice shall be scanned and saved by the Department of
Accounting . Once the invoice is scanned, the originating department will process the
payment.
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E. Appropriate on-line approvals for the Accounting System must be completed, with the
Department of Accounting having final approval on all payments. After approvals are
complete, the warrant will be printed and mailed out with appropriate remittance
documents.
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. Purpose. The purpose of the P-Card Program is to streamline and simplify the
purchasing and payment process for County transactions. The goal of the program is as
follows:
1 . To simplify the reimbursement process.
2 . To eliminate the time-consuming bank record process.
3. To reduce or eliminate out-of-pocket expenses.
4. To provide P-Card holders with empowerment to choose.
B. General guidelines.
1 . P-Card users must comply with all other applicable sections of this Purchasing
Policy, including , but not limited to, Section 5-4-60 of this Article, regarding the
need to obtain bids.
2 . Card issuance. Each P-Card holder will be required to complete a P-Card holder
agreement. By signing the agreement, the P-Card holder has agreed to adhere to
the guidelines established in this Section. A sample of the cardholder agreement
is available in the Accounting Department.
a Each P-Card holder is the only person entitled to use a card . The card is
not to be used for personal use.
b. Since each P-Card is linked to a specific area number and individual
cardholder, the card cannot be transferred from one P-Card holder to
another.
c. Upon receipt of the P-Card, the P-Card holder must activate the account by
calling the toll-free number printed on the card. For verification purposes,
the P-Card holder will be asked to provide his or her unique identification
number.
1 ) Although the card is issued in the P-Card holder's name, his or her
personal credit history will not affect the ability to obtain a card .
d. The County is responsible for payment of all purchases.
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3 . Account maintenance. To change any information regarding an account, such as
e-mail address or expense accounting code, a P-Card holder must contact the
P-Card Administrator and complete appropriate documentation.
4. Card usage. The P-Card can be used at any merchant that accepts Visa, except
as the County otherwise directs. It may be used for in-store purchases, as well as
phone, fax or mail orders. There is no special terminal or equipment needed by
the merchant to process a P-Card transaction .
a . When using the P-Card, inform the merchant not to send an invoice to
Accounts Payable, since this may result in a duplicate payment.
b. For phone, fax and mail orders, the merchant should send a
receipt/packing list only. The receipt/packing list should indicate "paid by
credit card, " with the P-Card holder's name listed in the "ship to" field. The
receipt/packing list needs to be turned in with all other receipts for the
month to the approver.
5. Limitations and restrictions. Each P-Card has restrictions and limitations that are
in line with established purchasing policy. Modifications to any limitation or
restriction can only be made by the P-Card Administrator.
a . Single-transaction and monthly dollar limits are placed on each P-Card.
Purchases should not be split to avoid the single transaction limit.
b. The P-Card Program also allows for merchant category blocking . If a
particular merchant category is blocked (e.g . , jewelry stores) and an
attempt is made to use a P-Card at said merchant, the purchase will be
declined. The County has made an effort to ensure that the vendors and
suppliers used during the normal course of business are not restricted. If
a P-Card is refused at a merchant, which is believed to be appropriate,
contact the P-Card Administrator in the Accounting Department.
c. Automated customer service assistance is available twenty-four (24) hours
per day, seven (7) days a week. The menu prompts with options that will
provide the following information:
1 ) Current balance.
2) Report lost or stolen P-Card .
3) Speak with a customer service representative .
d . Depending on the result of each inquiry, a P-Card holder may want to
discuss the issue further with the supervisor, who is empowered to advise
the P-Card Administrator to modify the restrictions on an employee's use of
the P-Card .
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NOTE: All requests for changes in limitations and restrictions must be
made through the P-Card Administrator.
6 . Lost or stolen cards. Each P-Card holder is responsible for the security of his or
her P-Card and any purchases made on the account. Any lost or stolen P-Card
must be reported immediately to the issuing bank and the P-Card Administrator.
a . Immediately after reporting to customer service at the issuing bank, a
P-Card holder must inform the P-Card Administrator. It is extremely
important to act promptly in the event of a lost or stolen P-Card to avoid
company liability for fraudulent transactions.
b. As with a personal charge card, the P-Card holder will no longer be able to
use the account number after notifying the bank of a lost or stolen card . A
new card will be issued once the P-Card administrator is notified, with
delivery within ten (10) days.
C . Authorized purchases. The P-Card Program is intended for maintenance, repair,
operation and other low-value purchases needed during the course of business. These
purchases may include, but are not limited to, the following :
1 . Office supplies and forms.
2. Books and subscriptions.
3. Computer supplies, e.g . , diskettes.
4. Travel-related expenses.
5. Miscellaneous items.
6. Training registrations.
D Unauthorized purchases and vendors. The P-Card should not be used for the following
items:
1 . Items for personal use.
2 . Cash withdrawals.
3 Direct marketing .
4. As with any County purchase, the P-Card is not to be used for any product, service
or merchant considered being inappropriate for County funds.
Failure to comply with the above guidelines for authorized purchases under the P-Card
Program may result in disciplinary action, cancellation of card privileges and possible
termination of employment.
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E. Reconcilement and payment. Unlike personal credit cards, the P-Card Program is
handled as a County liability. The P-Card holder's personal credit history has not been
taken into account when a P-card has been issued.
1 The Accounting Department is responsible for paying the invoice each month , and
the P-Card holder is not responsible for direct payment under his or her account.
2. It is the responsibility of the P-Card holder, immediately upon receipt of an e-mail
from the P-Card Expense Reporting system, to sign on and reconcile the
statement on-line.
a . Present all receipts in the receipts envelope to the individual responsible
for approval, who will electronically review the statement, review receipts
and forward to the Accounting Department for final review, interface into
the finance system and filing.
NOTE: Use one ( 1 ) receipt envelope per P-Card holder. Please do not mix
P-Card holder receipts.
3 . The individual responsible for approval of the statement shall review and approve
all documents in the P-Card Expense Reporting system .
4 . The P-Card balance is replenished once per month .
F. Receipt retention . All receipts for goods and services purchased must be kept. For
orders placed via phone, fax or mail, a receipt must be requested detailing merchandise
price, freight, etc. , and be included with the goods mailed or shipped. A P-Card holder
should request a fax of the receipt prior to the goods being shipped , to ensure that a
receipt is available for statement reconciliation .
NOTE: A merchant should not reject this request since it is a Visa policy.
G . Disputed or fraudulent charges. If there is a discrepancy on the statement, it is
imperative that the issue is addressed immediately. Depending on the type of
discrepancy, the P-Card holder must contact either the merchant or the bank to resolve
the disputed transaction .
1 . If the merchant has charged incorrectly, or there is an outstanding quality or
service issue, the P-Card holder must first contact the merchant and try to resolve
the error or problem . If able to do so and the error resulted in an overcharge, a
credit adjustment from the merchant should be requested and will appear on the
next statement.
2 . If the merchant disagrees that an adjustment is necessary, immediately contact
the bank. The bank will request complete details of the dispute in writing in order
to research the item in question . The details of the disputed transaction should be
reported on Weld County letterhead, on the Bank Dispute Form available in the
Accounting Department or in the dispute screen available on-line.
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3. The bank must receive any charge dispute within sixty (60) days of the transaction
date. While resolution is pending , the bank will credit the County's account for the
amount of the disputed transaction .
a. Although the bank acts as the arbitrator in any dispute, a P-Card holder
should never assume that a dispute will be resolved in his or her favor.
4. If the dispute is not resolved satisfactorily and a P-Card holder believes the
merchant has unfairly treated him or her, the P-Card Administrator should be
notified with the relevant details. Further action may be taken as deemed
appropriate.
5. Any fraudulent charge, i .e. , a charge appearing which was not authorized by the
card holder, must be reported immediately to the bank. Prompt reporting of any
such charge will help to protect the County from liability. A Declaration of Forgery
or Unauthorized Use Form is available in the Accounting Department to facilitate
notification of any such transactions.
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 .
1 . If the P-Card holder makes a purchase and sales tax is charged (except on meals) ,
the P-Card holder will be responsible for payment of the sales tax or getting a
refund from the merchant. The County will NOT pay any sales tax.
2 . Questions regarding this policy and any other questions concerning tax issues
should be addressed to the P-Card Administrator.
Sec. 5-4-200. Audit and Enforcement responsibilities.
A. The responsibility for purchasing policy resides with the following :
1 . Department Heads will :
a. Review and initiate Requisition requests.
b. Ensure funding is available in budget prior to initiating Requisition requests.
c. Ensure the rules of the procurement process are being followed by staff.
d . Make purchases in the best interest of the County.
2 . Director of General Services will:
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a. Ensure rules of the procurement process reflect current practices and are
being followed by staff.
b. Ensure quotes are recorded/retained for review.
c. Review purchase orders.
d . Review any increases to purchase orders to ensure any change orders
follow the procurement process.
3. Controller will :
a. Review Purchasing Card transactions to verify that policy is being followed .
b. Verify funding is present in budget during requisition process.
c. Verify funding is present in budget for purchase order increases.
4. Director of Finance and Administration will review expenditures in relation to
budgeted amount.
B . County employees at all levels are responsible for adherence to all sections of the
procurement policy. Examples of improper use of purchasing authority include:
1 . Stringing or splitting a large purchase into two or more smaller orders in order to
avoid bid requirements.
2 . Conflict of interest and/or poor ethical conduct.
3 . Not processing a purchase utilizing the Requisition to Purchase Order process.
4. Improper, misleading , or deceptive use of the Sole Source Justification or Bid
Documentation .
a. Individuals will be subject to disciplinary action for failing to handle
purchases according to policy and elimination of delegated purchasing
authority for the individual or department.
b . Employee may be recommended for discipline through the Department of
Human Resources.
Amend APPENDIX 5-L, Required Bid Amount - ATTACHED
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.
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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 2015-2 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-Tern
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
Con't to: March 25, 2015
Publication : April 1 , 2015, in the Greeley Tribune
Effective: April 6, 2015
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APPENDIX 5-L
REQUIRED BID AMOUNT
Pursuant to Article XIV, Section 14-9, Section 5 of the
Weld County Home Rule Charter,
written, sealed bids and a ten-day period
for consideration and investigation of the bids are required
for purchases in excess of an amount set annually
by the Board of County Commissioners by ordinance.
Through repeal and reenactment of this Appendix,
the amount set for the year 2015 is $25,000; however,
the amount is $150,000. 00 for all contracts for a disaster emergency event
in the case where a declaration of disaster is made
by the Board of County Commissioners.
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