5Florida Law Part III of Chapter 112, Florida Statutes Applies to Employees and Appointed Officials Solicitation or Acceptance of Gifts:No Gifts with intent to influence.Anything of value:GiftsRewardLoanPromise of future employmentServices
6Florida Law Part III of Chapter 112, Florida Statutes Applies to Employees and Appointed Officials State employees can not do business with the StateUnauthorized Compensation: employees shall not accept compensation, payment or things of value,if given to influence4. No conflicting contractual relationships5. Employees may not use information not available to general public for personal gain
7Recommended Standards Do not accept any gifts, regardless how small.Do not become involved in any way with a businessdoing business with the FDOT.
8Florida Law for Professional Engineers Chapter 471 Florida LawChapter 61G15, Florida Administrative CodeIf you are a PE or in the process of obtaining your PE, get a copy of the above and read it.
9FAR (Federal Acquisition Regulations) New Proposed Rule Federal contracts exceeding $5 million, with performance periods of 120 days or moreContractors must display Fed’s Fraud Hotline NumberAdopt a written code of ethics and business conductEstablish an employee ethics and compliance training programEstablish an internal control system
10Professional Engineering Ethics Fundamental Canons Hold paramount the safety, health, and welfare of the public.Perform services only in areas of their competence.Issue public statements only in an objective and truthful manner.Act for each employer or client as faithful agents or trustees.Avoid deceptive acts.Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.
11Contract Fraud Case Example The following is an example of contract fraud. This usually takes the form of providing a product that is substandard or not meeting the agreed-upon specifications or failing to perform assignments or making false certifications or representations about products or services.
12False CertificationsInvestigation: There were allegations that a contractor submitted false certifications to the department regarding payment to subcontractors.Determination: The investigation disclosed that the contractor submitted forms to the department certifying they had paid all subcontractors.Results: Contractor was suspended from doing business with the department for three years and declared non-responsible.
13Summary of Case Closures Investigative activity is conducted to identify facts and circumstances to prove or disprove each allegation. The results of the investigations are documented and published by the Inspector General and disseminated to internal and external customers.
14False ClaimsAccusations: were made that a prime contractor submitted false claims for removal of soil material and billed inappropriately for barrier walls.Results: The allegations were proved and asettlement with the department was negotiated.
15False DocumentationAccusations: Prime contractor submitted false documentation requesting final payment. It was determined that the prime contractor had submittedfalse Certification – Disbursement of Previous Periodic Payment to Subcontractors forms and a notarized Contractor’s Affidavit and Surety Consent form.Results: The allegation was proved and the prime contractor was suspended by the department.
16Falsified documentsAccusation: Contract employee failed to complete required site visits, associated sampling and knowingly falsified department Concrete Plant visit Report forms.Results: The allegation was proved and department procedures were changed.
17Non- compliance Issues Accusation: A contractor’s management had instructed their employees to alter batch plant quality control reports on a regular basis, and the contractor had used non-compliant recycled rock for the their department concrete mixes.Results: The allegations were disproved.
18Non- Certified Aggregate Accusations: A supplier provided non-certified aggregate material to a department project. It was determined that the delivery tickets produced by the supplier were inaccurate and non-certified aggregate was delivered.Result: The allegation was proved and the department received a credit for delivered non-certified aggregate.
19Falsifying BidsAccusation: Two firms owned by the same individuals and sharing employees had colluded to submit bids as though they were separate entities.Results: Allegations were proved and the contractors voluntarily agreed not to bid, or act as a subcontractor, nor supply any materials on any department projects for a period of six months.
20Verification of Project Dollars Accusation: Allegations were made that project dollars were completely exhausted from one project, a contractor’s employee instructed other contractor employees to charge their work against projects that still had funds available.Results: Allegations were proved and the contractors voluntarily agreed not to bid, or act as a subcontractor, nor supply any materials on any department projects for a period of six months.
21What is Ethics? Ancient Greek - ethikos Ancient Roman - moralis Both terms mean, roughly: “pertaining toCharacter”.But today, Ethics is much more and verydifficult to define.
23What is Ethics ?Ethics is a major branch of philosophy, encompasses right conduct and good life.The standards that govern the conduct of a person, especially a member of a professionRules of behavior made and accepted by business to provide fair and moral practice
24and Serving our Customers and ourselves by doing the right thing. OPERATING PHILOSOPHYAt Johnson Bros. we believe in the testament of the 3R’s:Respect for Self; Respect for Others; Responsibility for Your Actions. Our values are also rooted in Integrity, Teamwork, Building People,and Serving our Customers and ourselves by doing the right thing.Paramount to doing the right thing is always doing those things safely. “I have many responsibilities, but the most important thing I do isestablish our culture. That is how we treat each other within ourcompany and how we treat others outside our company.”Eric Kishel, CEO Johnson Bros.
26Employee Misconduct Case Examples Theft: The Comptrollers office, reported that during an audit for travel records, they discovered a suspicious entry regarding the purchase of a rental car with a department purchasing card (P-Card). While questioning the department employee they discovered the employee had attributed the rental car charge to another employee who had not received approval or filed a rental care travel voucher. Upon further questioning by the Comptroller staff, the employee stated they had made a mistake and mistakenly represented the charge.Determination: The investigation confirmed the employee rented a vehicle for personal use and charged it to the Department P-Card and attempted to cover it up.
27Know and Comply with the Law Take the time to make sure you know the applicable rules and regulationsDo not violate the law
28HonestyBe truthful and straight forward in all your dealings with others
29Professional Courtesy Respect for othersMaintain professional courtesy (even under stress)Do not allow disagreements to become personal
30Communications Manage your communications with others can damage relationshipsBalance s with phone calls (one phone conversation for 4-6 s)Don’t negotiate byDon’t blind side othersCall and explain before sending an unwelcome letterNever send out a letter or message while upset emotionallyIt’s OK to write it, but read it again after you have cooled off before sending
31Leadership Establish a project culture Safety Respect Honesty AccountabilityLook ahead, establish direction for the projectYou are the coachWork towards improving everyone’s performance
32Solving technical issues is easy. Managing people is the challenge Solving technical issues is easy. Managing people is the challenge. You are in the business of managing relationships.
33Know the people on your team. How to communicate best with themHow to gain their supportHow to understand and anticipate their responses
34Personality Representations EarthFireWaterWindPrincipals and ProceduresStep by Step, LinearPower and ControlGet to the point, Bottom LineRelationship ConnectionPeople, Emotion and FeelingFun and ExcitementChange
36Situation No. 1 Contactor Job Barbeque You are the Project Engineer. The contractor has been performing well and everything is going smoothly. The contractor has reached an important Milestone and is holding a little celebration at their project office. They are havinga barbeque Friday afternoon at lunch time and have invited you to attend.What should you do?
37Situation No. 2 Contractor Deficiency Letter A major traffic switch was planned for last night. Everything was going well at first. The contractors signalization subcontractor left the site before completely checking the new signals. The signals were not working correctly.The contractor could not get the signal people out to job until 10 am the next morning causing a major traffic problemWhat should you do?
38Situation No. 3 Mistake in Contractor’s SA Pricing Example:20,000 $3.00 = $6,000.You are reviewing an estimate submitted by your contractor for an SA.You find that the contractor has made a mistake in the calculations in favor ofthe FDOT.What should you do?
39Situation No. 4 Unsafe Contractor Work Procedure The contractor is beginning the setup for a structural erection. Based upon what you have seen, you believe that there is a real safety problem with the way the work will be performed.What should you do?
40Situation No. 5 Family and work The Project Administrator has a son and the Contractor asks if he could hire him to work on the current project?What should you do in this situation ?
41Situation No. 6 Family and work The Project Administrator for a project has a son that is looking for work and asks the contractor if they are hiring and would they hire the son ?On the current projectOn a future projectWhat should you do?
42Situation No. 7 Work and Contractor The Project Administrator is a bass guitarist in a band. CEI consultant asks him to have the band play at their annual sales celebration meeting.CEI has inspector working for PA.No one presently working for PAWhat should you do?
43Any Questions ? Comments: Brian Pickard Brian.firstname.lastname@example.org