Agenda 07/14/2020 Item #16K 5 (Waive Any Potential Ethics Conflict for CCPC Member)07/14/2020
EXECUTIVE SUMMARY
Recommendation to review and approve the County Attorney’s recommendation to waive any
potential ethics conflict for a member of the Collier County Planning Commission based on Ch.
112, Florida Statutes.
________________________________________________________________
OBJECTIVE: For the Board of County Commissioners to review and approve the County
Attorney’s recommendation to waive any potential ethics conflict for Collier County Planning
Commission (CCPC) Advisory Board member Paul Shea.
CONSIDERATIONS: Paul Shea is a member of the Collier County Planning Commission and
his consulting firm, Paul Shea Consulting LLC, is eligible to engaged with a Purchase Order
with the Board of County Commissioners to provide consulting services to the Public Utilities
Division.
Mr. Shea asked the County Attorney’s Office to determine whether any potential ethics violation
may exist under Ch. 112, Florida Statutes based on Mr. Shea’s position as a Planning
Commissioner. In summary, although there may be a potential ethics violation, based on the
specific facts of this conflict, the conflict may be waived by two-thirds vote of the Board of
County Commissioners.
Summary
Mr. Shea’s firm, Paul Shea Consulting, LCC, is currently eligible to be eng aged via Purchase
Order with Collier County to provide consulting services to the Public Utilities Division. Once
the Purchase Order is issued, this is equivalent to holding a contract with the Board of County
Commissioners.
As an advisory board member, Mr. Shea, is considered a public officer and subject to the
restrictions found in Chapter 112, Fla. Stat., Code of Ethics for Public Officers and Employees.
Florida Statutes
Section 112.313(3), Fla. Stat., Doing business with one’s agency, provides in relevant part: “Nor
shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty,
goods, or services to the officer’s or employee’s own agency, if he or she is a state officer or
employee, or to any political subdivision or any agency thereof, if he or she is serving as an
officer or employee of that political subdivision.”
Section 112.313(7)(a), Fla. Stat., Conflicting employment or contractual relationship, provides in
relevant part: “No public officer or employee of an agency shall have or hold any employment or
contractual relationship with any business entity or any agency which is subject to the regulation
of, or is doing business with, an agency of which he or she is an officer or employee, excluding
those organizations and their officers who, when acting in their official capacity, enter into or
negotiate a collective bargaining contract with the state or any municipality, county, or other
political subdivision of the state; nor shall an officer or employee of an agency have or hold any
employment or contractual relationship that will create a continuing or frequently recurring
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07/14/2020
conflict between his or her private interests and the performance of his or her public duties or
that would impede the full and faithful discharge of his or her public duties.”
Discussion
It appears that both of these statutory provisions would arguably be violated based on the
Advisory Board member doing business with the County. The nature of the conflict is a status
conflict. It is different from a voting conflict. It is based strictly on Mr. Shea’s status as an
advisory board member. As a status conflict, the BCC may waive this strict violation.
Mr. Shea’s company, Paul Shea Consulting LLC, is eligible to provide training in Alternative
Procurement Methods for County Public Works Projects to the Public Utilities Division. These
services, and the training involved, are not the type of matters that will foreseeably come before
the CCPC for consideration.
Mr. Shea’s status conflict is arguably different from other status conflicts which the County
Attorney’s Office has reviewed. The County Attorney’s Office has reviewed other status
conflicts and recommended against seeking a waiver from the Board of County Commissioners
based on the direct relationship between the advisory board membership and the type of services
provided to the County. In this case, the County Attorney’s Office believes that it is appropriate
to request a waiver of this status conflict pursuant to Section 112.313(12), Fla. Stat., Exemption,
which provides in relevant part, “The requirements of subsection (7) as they pertain to persons
serving on advisory boards may be waived in a particular instance by the body which appointed
the person to the advisory board, upon a full disclosure of the transaction or relationship to the
appointing body prior to the waiver and an affirmative vote in favor of waiver by two -thirds vote
of that body.”
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires at
least two-thirds majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners waive any potential ethics
conflict for Collier County Planning Commission member Paul Shea based on Ch. 112, Florida
Statutes.
Prepared by: Jeffrey A. Klatzkow, County Attorney and
Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENT(S)
1. FY20ExemptionRequest102-PaulShea (PDF)
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07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 12756
Item Summary: Recommendation to review and approve the County Attorney’s recommendation
to waive any potential ethics conflict for a member of the Collier County Planning Commission based on
Ch. 112, Florida Statutes.
Meeting Date: 07/14/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
06/25/2020 8:29 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/25/2020 8:29 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 06/25/2020 9:38 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/25/2020 9:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/25/2020 12:51 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/26/2020 11:06 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2020 8:24 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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Instructions
The following procurement categories may be eligible for exemption from the competitive process based upon the determination
of the County manager or Designee that approval of such an exemption is in the best interest of the County.
Purchases greater than $50,000 will require final approval by the Board of County Commissioners.
Requester Name:Vendor Name:
Division:Item / Service:
Budget Year:1RWWR([FHHG
per Fiscal Year:
One time purchase:Multiple purchases:Requested
date range:_________________
Is there an agreement
associated with this
Exemption?
Yes No
1. Government Agency/Non-
Profit
2. Registrations/dues/
training
3. Subscriptions/periodicals/
printed materials
4. Advertisements
5. Utility services –subject
to government control
6. Education/academic
programs/trainers, speakers
7. Legal services 8. Purchases required by
grants/gifts
9.Compatibility/proprietary
with current systems
10. Shop estimates on
disassembled equipment
11. Personnel/recruitment
services
2. Works of art for public
display
13. Direct purchases 14. Financial instruments 15. Entertainment services
for County sponsored events
16. Management studies as
directed by County Manager
17. Resolution/BCC direction (Indicate resolution number and approval date):
Description of Purchase:Enter a description of the item(s) items that will be purchased under this exemption.
Purpose:Describe in detail, the purpose of the requested item(s).
Requester:Signature: Date:
Division Director: Signature: Date:
Procurement Strategist: Signature: Date:
Procurement Director:
2UGHVLJQHH
Signature: Date:
For Procurement Use Only:
One time approval One year approval Multi-Year Approval: Start ____________ End ____________
Exemptions from the Competitive Process
Tom Chmelik Paul Shea Consulting, LLC
EPMD, available to others Project Management Training
FY 2020
$50,000
10/2019 - 9/2022
Educational/academic training for Project Managers (and other staff) relative to alternative
procurement methods. Resume attached.
Provide services to Collier County in the following areas:
• Train and educate project managers to determine the most effective procurement instrument to use on vertical and linear construction
projects. Options range from Design/Bid/Build, Construction Manager at Risk, Conventional Design/Build and Progressive Design/Build/
• Provide training and education through mentoring, coaching and advice to project managers through in creating scopes, solicitations,
evaluation criteria, design criteria packages, etc.
• Provide training and education through mentoring, coaching and advice to project managers throughout the procurement process.
• Review and critique executive summaries for projects utilizing alternative procurement methods, and train project managers how to
maximize their effectiveness.
• Assist staff in promoting the use of alternative procurement methods and the benefits of these methods. Add’l related training services
as needed.
Tom Chmelik
Sara Schneeberger
Catherine Bigelow
10/29/2019 09/30/2022
ChmelikTom Digitally signed by ChmelikTom
Date: 2019.10.29 09:15:45
-04'00'
SchneebergerSara Digitally signed by
SchneebergerSara
Date: 2019.10.29 09:55:18 -04'00'
Cat Bigelow Digitally signed by Cat Bigelow
DN: cn=Cat Bigelow, o=Collier County
Government, ou=Procurement Services,
email=catherinebigelow@colliergov.net, c=US
Date: 2019.11.05 07:50:48 -05'00'
16.K.5.a
Packet Pg. 2982 Attachment: FY20ExemptionRequest102-PaulShea (12756 : Request that the Board of County Commissioners review and approve the County
PAUL SHEA CONSULTING LLC
2725 Olde Cypress Drive
Naples, Florida 34119
617-875-3047 cell
sheapr1948@gmail.com
Mr. Tom Chmelik
Division Director
Collier County Public Works Department
3339 Tamiami Trail East, Suite 303
Naples, Florida 34112-5361
Subject: Proposal for Training or Mentoring Services
Dear Mr. Chmelik:
In accordance with our recent communications, I would like to summit my proposal to
provide training services to the Collier County Department of Public Works. The services
will focus on Alternative Procurement Methods for County Public Works projects and will
generally include the following areas:
Alternative Procurement Methods – Scope of Services
Provide services to Collier County in the following areas:
• Train and educate managers to determine the most effective procurement
instrument to use on vertical and linear construction projects. Options range
from Design/Bid/Build, Construction Manager at Risk, Conventional Design/Build
and Progressive Design/Build.
• Provide training and education through mentoring, coaching and advice to
Project Managers and Procurement Services staff through creating scopes,
solicitations, evaluation criteria, design criteria packages, etc.
• Provide training and education through mentoring, coaching and advice to
Project Managers and Procurement Services staff throughout the procurement
process.
• Review and critique executive summaries for projects utilizing alternative
procurement methods and train Project Managers how to maximize their
effectiveness.
16.K.5.a
Packet Pg. 2983 Attachment: FY20ExemptionRequest102-PaulShea (12756 : Request that the Board of County Commissioners review and approve the County
2
• Assist staff in promoting the use of alternative procurement methods and in
educating the Clerk of Courts about the benefits of these methods. May include
presenting to the Board of County Commissioners.
• Additional related training services as needed.
All work will be performed on an as requested basis with you (or designee) being the
approving party for Collier County.
Services will be provided as an independent contractor with Paul Shea Consulting, LLC
(PSC) having no authority to act for, represent or bind the County in any manner.
Services to be provided are primarily training focused where PCS will be providing
experiential information and not engineering product. As such, PSC will not procure any
Professional Liability (E&O) insurance.
PSC will treat, as proprietary, any information belonging to the County obtained while
performing activities for the County. PSC also agrees to not enter into any activity,
employment or business arrangement which conflicts with Collier County interests.
Work will be performed as authorized by Mr. Chmelik and invoicing will be monthly with
payment due according to Collier County policy. Amounts payable to PSC shall be:
1. For authorized services at the hourly rate of $225.00 with a discounted daily rate
of $1,600.00 per day.
2. For services beyond those described under the scope of services, a separate rate
will be established.
3. Expenses incurred by PSC for services rendered with be billed at the actual out-
of-pocket cost with no mark-up.
Please review and advise if you would like to proceed with my services and if the terms
outlined in this proposal are satisfactory to the county.
Very truly yours,
PAUL SHEA CONSULTING SERVICES, LLC
Paul R. Shea, PE,BCEE, FDBIA
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Packet Pg. 2984 Attachment: FY20ExemptionRequest102-PaulShea (12756 : Request that the Board of County Commissioners review and approve the County
Education
M.S. - Sanitary Engineering,
University of Connecticut, 1973
B.S, - Mechanical Engineering,
University of Vermont, 1970
Registration
Professional Engineer:
Maryland, New Jersey,
Massachusetts, Colorado
and Pennsylvania
Certification
Oesignated Oesign-Build
Fellow, Design Build lnstitute of
Americ8 (2018)
Board Certifi ed Environmental
Engineer (BCEE), American
Acaderny of Environrnental
Engineers
Professiona I Activities
National Society of Professional
Engineers
Waler Environmenl Federalion
Design Build lnstitute of
America
American Water Works
Association
Past Board Member and Pasl
President of Engine€rs
\Mrthout Borders USA
Past Board Memb€r of
Califomia Center for
Construction Education (Cal-
Poly)
Past Member of Construclion
lndustry Round Table (CIRT)
Paul R. She& P.E., BCEE, DBIA
Address:2725 Old Cypress Dr. Naplcs, FL 34119
Phone: (61.7) 875-3047
Email : sheaprl 948@ gmail. com
Paul has more than 45 years of experience managing major environrnental
and general inftaskucture design and construction projects tfuoughout the
United States. His experience indudes construction quality control, health
and safety managemen! schedulin& cost estimatin& materials and
equipment procur€ment, contract administration, subcontractor
coordination, on prolects valued over $200 million and Joint Venture pursuits
in excess of $0.5 billion. Paul has recently retired from his position leading
CDM Smith s design-build activities globally. ln this capacity, he was
responsible for managing quality, interfacing with clients, allocating
resources, project pricing, managing business operations, and developing
and implementing skategic directives.
In his 15 years with CDM Smith as President of CDM Constructors Inc. Paul
championed the growth of the firm's conskuction business into a major
design-build company eaming over $400 nrillion in annual at- risk
corshuction revenues globally.
Following his design bnure, Paul moved into the construction side of the
profect delivery process. For 18 years he worked in the water/ wastewater
Eeatment plant constsuction business, prirnarily focusing on low bid
procurements. During this period PauI worked at various management
levels, culminating in a Regional Management role for a major East Coast self
performing treaturent plant contractor.
In 2002, Paul joined CDM Smith to assume the role of President of CDM
Constructors Inc., a wholly owned subsidiary of CDM Smitlr. Until April
2015, he led the firm's integrabd design-build project delivery uni(s rapid
growth in response to the market demand for albmative project delivery
processes. He also served as a member of the firrr's Board of Directors for
his entire temr with CDM Smith.
A
Paul has used his diversified background in both design and construction to
develop and lead CDM Smith's integrated design-build stategy. His
background indudes 13 years right out of graduate school in a design
engineering role for $,ater and v/astewater treatment facilities. During this
period, he worked on all aspec'ts of project delivery, including pilot testing,
conceptual design, detailed design, construction oversight operator kaining
and start-up/ commissioning.
16.K.5.a
Packet Pg. 2985 Attachment: FY20ExemptionRequest102-PaulShea (12756 : Request that the Board of County Commissioners review and approve the County