RESOLUTION 05-40

A RESOLUTION OF THE TOWN OF TAOS, WAIVER OF EMPLOYEE OR IMMEDIATE FAMILY MEMBER CONTRACTING WITH THE TOWN OF TAOS

WHEREAS,   NMSA 1978, Section 13-1-190, makes it unlawful for a public employee to participate directly or indirectly in a procurement or contract when the employee knows that the employee or any member of his/her immediate family has a financial interest in seeking or obtaining a contract; and

WHEREAS, pursuant to NMSA 1978, Section 13-1-194, the Town may waive the above Section by publicly disclosing the financial interest of an employee or their immediate family member when the contract can be performed without actual or apparent bias or favoritism, and participation by the employee or immediate family member is in the best interest of the Town; and

WHEREAS, the Town has contracted in the past and currently is contracting with Ralph Vigil dba Vallecito Courier Service, who is related to Debbie Vigil, an employee of the Town of Taos; and

WHEREAS, the Town has contracted in the past and currently is contracting with Paul Pacheco dba Pacheco’s Janitorial who is related to Marie Pacheco an employee of the Town of Taos.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Taos:

The Town hereby waives Section 13-1-190 as it relates to Ralph Vigil dba Vallecito Courier Service and Paul Pacheco dba Pacheco’s Janitorial , pursuant to NMSA 1978, Section 13-1-194 by allowing him/her to contract with the Town of Taos, as long as the Town complies with the Procurement Code in selecting Ralph Vigil dba Vallecito Courier Service and Paul Pacheco dba Pacheco’s Janitorial either through a request for proposal, bid, or local, state or federal contract, in which the Town has no apparent bias or favoritism.

The Town hereby finds that Debbie Vigil and Marie Pacheco, employees of the Town of Taos, have no part in the selection process of individuals and other entities entering into contracts or leases with the Town of Taos and therefore there is no conflict with the aforementioned employee family members entering into contracts or leases with the Town.

BE IT FURTHER RESOLVED that the Town Council through adoption of this Resolution is publicly disclosing the financial interest and relationship of an employee’s immediate family member who is contracting with the Town of Taos;

The Town has contracted with Ralph Vigil dba Vallectio Courier Service and Paul Pacheco dba Pacheco’s Janitorial using the procurement process, and they have competitively bid and been awarded such contract or lease based on the Procurement Code and the Town of Taos

Procurement Policies.  It is in the best interest of the Town of Taos to contract with Ralph Vigil dba Vallecito Courier Service and Paul Pacheco dba Pacheco’s Janitorial.

PASSED, RESOLVED and APPROVED this 16th day of August, 2005 at the Regular Meeting of the Town of Taos Council.

TOWN OF TAOS: BOBBY F. DURAN, Mayor

ATTEST:  TAMARA TRUJILLO, Town Clerk