TC Resolution 21-03 Confirming Zehren & Associates Elegibility to Provide Architectural, Planning, Interior Design, Land Scape Architecture and Related Services to the Town of AvonRESOLUTION 21-03
CONFIRMING ZEHREN AND ASSOCIATES ELIGIBILITY TO PROVIDE
ARCHITECTURAL, PLANNING, INTERIOR DESIGN, LAND SCAPE ARCHITECTURE AND
RELATED SERVICES TO THE TOWN OF AVON
WHEREAS, Zehren and Associates ("Zehren") is a Avon based company providing
architectural, planning, interior design and landscape architectural services; and
WHEREAS, Zehren has provided a variety of services to the Town since 1984; and
WHEREAS, the Town, in its regular course of business, often solicits Zehren for responses to
various requests for proposals related to Town financed projects; and
WHEREAS, Zehren staff are valued members of the community who contribute to Town
projects and other efforts outside of their capacity as Zehren employees; and
WHEREAS, pursuant to Section 2-101(1) of the Town of Avon Procurement Code (the
"Procurement Code"), the Town Council shall approve all contracts entered into by the Town shown in
the annual, general, or Capital Improvement Program (CIP) budgets, either directly or indirectly through
the delegation of authority to the Town Manager; and
WHEREAS, pursuant to Section 7-207 of the Procurement Code, except as may be permitted by
regulations or rulings of the Town Council, it shall be a breach of ethical standards for any Employee who
is participating directly or indirectly in the procurement process to become or be the employee of any
person contracting with the Town; and
WHEREAS, Section 1-301 of the Procurement Code defines "Employee" as "means an
individual drawing a salary from the governmental body, whether elected or not and any non -
compensated individual performing a personal service for any governmental body, including but not
limited to members of the Town Council, members of volunteer and/or advisory boards;" and
WHEREAS, pursuant to Section 7-203 of the Procurement Code, it shall be a breach of ethical
standards for any Employee to participate directly or indirectly in a procurement when the employee
knows that (1) the Employee or any member of the Employee's immediate family has a substantial
financial interest pertaining to the procurement; (2) a business or organization in which the Employee, or
any member of the Employee's immediate family, has a substantial financial interest pertaining to the
procurement; or (3) any other person, business, or organization with whom the Employee or any member
of the Employee's immediate family is negotiating or has an arrangement concerning prospective
employment is involved in the procurement; and
WHEREAS, Section 2.30.050 of the Avon Municipal Code defines "substantial financial
interest" as an interest owned or held by an officer which (1) an ownership interest in a business; (2) a
creditor interest in a business; (3) an ownership interest in real or personal property; (4) a loan or any
other debtor interest; (5) a directorship or officership in a business; and
WHEREAS, Councilor Lindsay Hardy was elected to Avon Town Council on November 3,
2020; and
WHEREAS, Councilor Hardy is employed as an architect with Zehren; and
Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town
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WHEREAS, Councilor Hardy does not have a "substantial financial interest" in Zehren as
defined under Section 2.30.050 of the Municipal Code; and
WHEREAS, in light of the excellent work and service Zehren has provided in the past, the Town
Council wishes to continue to utilize Zehren's services in the future; and
WHEREAS, the Town desires to engage Zehren now and in the future unrelated to Councilor
Hardy's role as a member of Avon Town Council.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference
and adopted as findings and determinations of the Town Council.
Section 2. Continued Eligibility. The Avon Town Council hereby confirms, notwithstanding the
election of Councilor Hardy to serve as a member of the Avon Town Council, Zehren is eligible to
continue to provide architectural, planning, interior design and landscape architectural services and other
related services to the Town and to receive requests and other solicitations related thereto.
Section 3. Code of Ethics. Notwithstanding anything contained herein, Councilor Hardy shall
continue to be subject to all requirements of the Town of Avon Ethics Code, as amended, and the
Procurement Code, as amended, and shall disclose any potential conflicts of interests related to any
contract entered into by the Town and Zehren or any third party application submitted to Town Council
involving Zehren.
[SIGNATURE PAGE FOLLOWS]
Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town
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ADOPTED this 9th day of February 2021.
AVON TOWN COUNCIL
By: Attest:
Sarah Smith-Hyme ayor
m
Brenda Torres, Town
Res 21-03 Zehren and Associates Eligibility to Continue to Provide Service to the Town
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