Clark County strengthens protocols for awarding public works contracts

Clark County government is strengthening its protocols for awarding multimillion-dollar public works contracts as it continues to investigate claims of a conflict of interest in its construction management division.

According to documents obtained by the Las Vegas Review-Journal through public records requests, the county has begun to implement changes that include requiring employees evaluating firms bidding on public works contracts to receive ethics training and to disclose conflicts of interest with responding firms, their partners, subconsultants or employees.

The documents also describe an expanded role for the purchasing department in administering public works contracts.

The changes come during an ongoing probe into claims of impropriety that include a conflict of interest in the county’s December award of a $10 million construction management contract to a team with the wife of the manager of the construction management division. The manager, Jimmy Floyd, has been on paid administrative leave since May 22.

Floyd’s wife, Raquel, is the owner of Rock Solid Project Solutions, a subconsultant that stood to gain $1.5 million on a county contract with Diversified Consulting Services to manage the $130 million Clark County 215 Beltway/Summerlin Parkway Interchange Project. Floyd was an evaluator on proposals for the contract and prepared the request for qualifications, the county said.

As of earlier this year, Rock Solid had been paid $442,200 over four years as a subconsultant or subcontractor on county construction management contracts, records show.

The Floyds did not respond to requests for comment.

Anonymous complaint led to investigation

It remains unclear when the investigation will be completed. The county began to look into the potential conflict after receiving an anonymous complaint in December, spokesperson Jennifer Cooper previously said. The complaint was later obtained by the Review-Journal, which first reported on its claims in early May.

“Any time anyone’s employment is at stake you have to make sure that you’ve bent over backwards” to ensure due process, Clark County Commission Chairman Tick Segerblom said on Thursday.

Segerblom pledged to publicly disclose any disciplinary action that is taken against a county employee in regards to the matter.

A conflict-of-interest disclosure form is now required to be completed by any employee serving as an evaluator of public works proposals, Cooper wrote in an email.

The form states, “No member of an Evaluation Committee shall engage in any action, communication or relationship that compromises or gives the appearance of compromising their ability to reach fair and impartial decisions regarding this procurement.”

It continues, “A conflict of interest may be present if you are related to or closely associated with one of the responding firms, their partners, subconsultants, or any of their employees.”

It states that conflicts must be disclosed to determine if the employee can remain on the committee.

‘Corrective action steps’ underway

Ethics training for evaluation panelists is still in progress, Cooper wrote.

An ethics complaint against Floyd was filed May 9 with the state ethics commission, but no findings have been made public. Floyd, who was promoted to manager in November 2018, disclosed a direct financial interest in Rock Solid in annual disclosure statements in 2019 and again in March of this year.

A memo outlining “corrective action steps in progress,” sent by county Chief Financial Officer Jessica Colvin to County Manager Kevin Schiller on May 15, provides more details on changes underway.

The memo references requiring disclosure of conflicts with “disclosed and known subcontractors/subconsultants.” Cooper previously said the county already had in place a process for evaluating potential conflicts with primary contractors.

The memo also states that the purchasing department will now administer requests for proposals for the Public Works Department. A county purchasing analyst will be assigned to provide additional oversight on a process referred to as a statement of qualifications, in which firms are prequalified for contract consideration.

Rock Solid was ranked highly in one such process by employees reporting to Floyd, though Cooper said Floyd himself was not an evaluator.

The memo states that the Public Works Department also will recruit a management-level employee to provide direct oversight of administrative operations, including contracts and procurement.

Contact Mary Hynes at mhynes@reviewjournal.com or at 702-383-0336. Follow @MaryHynes1 on X. Hynes is a member of the Review-Journal’s investigative team, focusing on reporting that holds leaders and agencies accountable and exposes wrongdoing.