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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 Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3