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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 16.K.5 Packet Pg. 2979 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) 16.K.5 Packet Pg. 2980 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 16.K.5 Packet Pg. 2981 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 16.K.5.a 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