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Agenda 05/24/2016 Item #16A24 5/24/2016 16.A.24. EXECUTIVE SUMMARY Recommendation to sign "Public Officer Conflict of Interest Certification" related to recently approved Agreement No. 15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program(LAP)funded projects. Growth Management Grant Fund 711 OBJECTIVE: To have each Board member sign their respective "Public Officer Conflict of Interest Certification" related to the recently approved Agreement 15-6456 for Construction Engineering Inspection(CEI) Services from Aim Engineering& Surveying,Inc. for LAP funded projects. CONSIDERATIONS: On April 26, 2016, under Item 16A8, the Board approved Agreement 15-6456 for Construction Engineering Inspection (CEI) Services from Aim Engineering & Surveying, Inc. for LAP funded projects. The projects that will be using this agreement are: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd. Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks FISCAL IMPACT:None. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. In May of 2015 FDOT amended its LAP Manual, requiring that "All staff in a decision making or recommendation capacity must be free from conflicts of interest..." As set forth in the accompanying email, the Local Program Coordinator of FDOT's LAP program is presently taking the position that this includes public officials who approve the ranking and selection of firms on a LAP project, with the attached Certifications being FDOT approved forms. The Certification is essentially identical to each of the Commissioner's existing voting obligations under the Florida Code of Ethics, and in my opinion, a needless redundancy.Although the County Attorney strongly disagrees with this interpretation, funding is contingent on each Commissioner entering into this Certification. With that noted, this item is approved as to form and legality, and requires majority vote for Board approval. -JAK RECOMMENDATION: That each Board member sign the attached"Public Officer Conflict of Interest Certification"related to Agreement#15-6456 for CEI services to Aim Engineering& Surveying,Inc. Prepared By: Daniel G. Hall, P.E., Sr. Project Manager, Transportation Engineering Division, Growth Management Department Attachments: 1)Email Back-up 2)Public Officer Conflict of Interest Certifications(5) Packet Page-608- 5/24/2016 16.A.24. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.24. Item Summary: Recommendation to sign "Public Officer Conflict of Interest Certification" related to recently approved Agreement No. 15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program (LAP)funded projects. Growth Management Grant Fund 711. Meeting Date: 5/24/2016 Prepared By Name: BrockMaryJo Title:Executive Secretary to County Manager,County Managers Office 5/10/2016 12:19:41 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 5/10/2016 12:19:43 PM Approved By Name: Daniel Hall Title:Project Manager, Senior,Transportation Engineering&Construction Management Date: 5/10/2016 12:50:00 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/10/2016 1:04:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/11/2016 2:27:07 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 5/13/2016 9:14:39 AM Packet Page -609- 5/24/2016 16.A.24. Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 5/13/2016 9:46:15 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2016 11:14:09 PM Packet Page -610- 5/24/2016 16.A.24. From: OberrathKaren Sent: Tuesday, February 23, 2016 8:38 AM To: TeachScott Cc: HaIlDaniel; BrilhartBrenda; StanleyTherese Subject: RE: CONFLICT OF INTEREST: Collier County LAP 430879 CEI RFP Thank you very much,Scott,for this assistance. I will see that the division provides FDOT with these forms for their input and authorization to proceed. It is my recommendation that the Board action on these forms be sequenced with the action to award the CEI contract. I am meeting Dan Hall and Brenda Brilhart on Thursday to discuss this matter and other FDOT requirements for this grant-funded function. We'll be back in touch if we should have questions. Thank you again and have a great rest of the week. Karen Karen Oberrath Senior Accountant, Grant Compliance Office of Management and Budget Collier County 3299 Tamiami Trail East,Suite 201 Naples, FL 34112-5746 (239) 252-2040 From: TeachScott Sent: Monday, February 22, 2016 12:01 PM To: OberrathKaren Cc: HaIlDaniel; BrilhartBrenda; StanleyTherese Subject: RE: CONFLICT OF INTEREST: Collier County LAP 430879 CEI RFP Karen, I am attaching a proposed revised Public Offer Conflict of Interest Certification form,which is basically a reconstituted version of FDOT's. If FDOT approves of this form, I suggest an agenda item requesting that each of the commissioners executes the above forms. Please ask FDOT if it requires original signatures (which I presume and is why I prepared separate forms) or whether a stamped signature is acceptable. Staff members may use the FDOT conflict of interest form, as provided by FDOT. Scott R.Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 Packet Page -611- 5/24/2016 16.A.24. Office of the County Attorney,3299 East Tamiami Trail,Suite 800, Naples,FL 34112 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: OberrathKaren Sent: Thursday, February 11, 2016 1:20 PM To: TeachScott Cc: HallDaniel; BrilhartBrenda; StanleyTherese Subject: FW: CONFLICT OF INTEREST: Collier County LAP 430879 CEI RFP Hi Scott, We talked on the phone a few weeks ago concerning the commissioners signing a Florida Department of Transportation(FDOT) Conflict of Interest Form (375-030-50)for a forthcoming grant-funded professional services contract. You indicated this action would not occur without a simultaneous Board action. I requested FDOT input and received a response today(see issue 1). FDOT is requiring the Board to sign a conflict of interest statement. The good news is the action can occur at the time the contract is taken to the Board for approval. The conflict of interest statement can be included within a resolution or other form as long as it is consistent with the intent of the FDOT form and language. If something other than the FDOT form is used,the drafted document is to be reviewed and approved by FDOT prior to Board contract action. Currently GMD and Procurement Services staff are in negotiations with the number one firm. At the conclusion of negotiations, I will provide FDOT with the final contract draft for its concurrence to proceed to Board action and execution.This is also the time when I should provide FDOT with the drafted conflict of interest statement, if in a different format,to obtain approval of its use. Please let Dan Hall, Brenda Brilhart,and me know how you think we should proceed. I appreciate the help. Karen Karen Oberrath Senior Accountant,Grant Compliance Office of Management and Budget Collier County 3299 Tamiami Trail East, Suite 201 Naples, FL 34112-5746 (239)252-2040 From: Martin,Jim [mailto:Jim.MartinPdot.state.fl.us] Sent: Thursday, February 11, 2016 10:03 AM To: OberrathKaren Cc: DelateJoseph; Reed, Charles R.; Cason, Rebecca; BrilhartBrenda; Brinson, Lisa R Subject: RE: Collier County LAP 430879-1-58-01 Draft Solicitation, Checklist, and Davis Bacon Exemption Packet Page -612- 5/24/2016 16.A.24. Karen, Following our meeting last Friday, Lisa assisted me in addressing some of the issues we discussed. Issue#1 Does an elected official have to sign a conflict of interest statement for the approval of the ranking and selection of firms on a LAP project. Background: The county attorney does not wish to have the commission members sign any documents that they have not taken any action on. Response: Yes,the Chairman and the Commissions do have to sign a conflict of interest statement, Per the LAP Manual, 18.4.4. "The Local Agency shall rank in order of preference a minimum of three consultants determined to be most highly qualified to perform the services based on the established and published criteria. All staff in a decision making or recommendation capacity must be free from conflicts of interest, or have recused themselves where conflicts exist (23 CFR 1.33 and Topic 375-030-002,Section 1). Signed conflict of interest forms from all parties must be uploaded to LAPIT(may use FDOT Form No. 375-030-50)with the fully executed contract package. The Local Agency shall submit all ranking and scoring sheets to the District Lap Administrator for review and concurrence of the selected consultant prior to entering into negotiations." However, as noted in this procedure, a conflict of interest statement does not necessarily have to use the FDOT Form 375-030-50.The conflict of interest language may be in any form, as long as the conflict of interest language is consistent with the intent of the form. The language can be included in such documents as the resolution to accept the selection committee's recommendation and we would like to approve the language as part of our construction checklist review. Issue#2 Can the county use one consultant, selected using the CCNA process, to do design or CEI on multiple LAP projects? Background: The county has several sidewalk projects in LAP. It would be cost-efficient and timely for the county to advertise once, then issue work orders for each project after receiving a notice to proceed for each project phase. The LAP agreement is a project-specific document and does not typically allow for multiple projects, and the county has not requested a multi-project agreement. They would simply like to use one firm for all projects. Response: Packet Page -613- 5/24/2016 16.A.24. In order for our office to develop a correct response to this issue, we will need some additional information. • Is the County referring to their approved continuing services contract?If yes, the answer will be geared towards their approved continuing services contract: o The County will only be allowed to utilize consultants for work types referenced in the advertised RFP/RFQ approved contract. For example, if only CEI services or work type were listed in the original RFP/RFQ, only CEI services will be an allowable reimbursement expense. o What the type of woks listed are listed in the Continuing Services Contract? o Did the County elect to select only one consultant for the continuing services contract? If yes, this was solely their choice. Local Programs did not mandate the selection of only one consultant. Just for clarification, the same Engineer of Record(EOR)and Construction Engineering Inspection (CEI) services cannot be utilized on the same project Issue#3 The county would like an exception to the requirements to use the Davis Bacon Wage Act for qualifying projects. Background The county reported that they received approval for an exemption on another LAP project, 429897-1 Immokalee Sidewalks. Response: All LAP projects programmed with Transportation Alternative Program(TAP)funds regards of location on the transportation system, NHS;SHS;Federal—Aid;NON NHS/SHS/Federal-Aid Highway, must adhere to the Davis Bacon Wage Rates. Question#4 What is the status of all phases on FM 431895-1, Golden Gate Bridge Canal Crossings at 8th St. NE/16t`' St. NE/47th Ave NE? Background This LAP project included the design and construction of canal bridges in Collier County. There was a public meeting held in the fall 2015, and design is programmed FY2014/15. The county does not have an executed agreement for this project and has asked the FDOT to do the project for them.Apparently this is a very controversial, as many of the residents along the canal do not want the added traffic. Response The LAP agreement was executed 12/15/2014. (Attached)However, the FDOT Environmental Office determined a PD&E Study needed to be conducted prior to design commencing. They also decided it would be easier for the Department to conduct the PD&E study as this project was selected to be a PODI (Project of Division Interest)by FHWA. PODI's require full oversight by FHWA. The PD&E Study is in the Packet Page-614- 5/24/2016 16.A.24. final stages of completion. There has been no decision to bring the design or construction of this project in-house as a result of the PD&E, yet. I hope this is a good start on addressing your concerns. Please provide me with the additional information needed for#2, and any other questions you have. Jim Martin, CPM Local Program Coordinator Florida Department of Transportation FDT D1 Office Program Management 801 N.Broadway Ave,MS 1-12,Bartow,FL 33830 M 863-519-2665 2 DOTNet 881-2665 Fax:(863)534-7179 From:Martin,Jim Sent:Monday, February 08,2016 8:01 AM To: 'OberrathKaren'<KarenOberrath(5colliergov.net> Cc:DelateJoseph<JosephDelatePcolliergov.net>;Reed, Charles R. <Charles.Reed Caidot.state.fl.us>; Cason, Rebecca<Rebecca.Cason(aldot.state.fl.us>;BrilhartBrenda<BrendaBrilhart(acolliergov.net>; Brinson, Lisa R<Lisa.Brinson(c dot.state.fl.us> Subject:RE:Collier County LAP 430879-1-58-01 Draft Solicitation, Checklist, and Davis Bacon Exemption Thank you, Karen. I enjoyed our meeting and have asked Lisa to help me prepare responses to some of the major questions. I will be out of the office today and tomorrow, but hope to have answers for you by Wednesday. Jim Martin, CPM Local Program Coordinator Florida Department of Transportation FDT D1 Office Program Management 801 N.Broadway Ave,MS 1-12,Bartow,FL 33830 -�� 2 863-519-2665 2?DOTNet 881-2665 Fax:(863)534-7179 From:OberrathKaren[mailto:KarenOberrathPcolliergov.netj Sent:Monday, February 08, 2016 7:43 AM To:Martin,Jim Cc:Delateloseph;Reed, Charles R.; Cason, Rebecca;BrilhartBrenda Subject:RE:Collier County LAP 430879-1-58-01 Draft Solicitation, Checklist, and Davis Bacon Exemption Good morning Jim, Thank you for meeting with me on Friday morning. It was a pleasure to have a few minutes to get to know you. As to the things we covered: • Please see the attached letter from Patty Vickers,state wage compliance specialist,for Collier County's Immokalee sidewalk project. As you can see, in the past, rural and minor collector Packet Page -615- 5/24/2016 16.A.24. projects have received DBRA exemption. That is why we are requesting LAP 430879 for DBRA exemption too. • t will record the FAP#on the drafted checklist and wait for your input on the drafted solicitation and checklist. Please note we included USDOL wage rates in the solicitation draft since we have no approval to do otherwise at this time. • I will ask Joe Delate to give you a call concerning the plan changes on the project. Look forward to talking with you again in the near future. Karen Karen Oberrath Senior Accountant, Grant Compliance Office of Management and Budget Collier County 3299 Tamiami Trail East,Suite 201 Naples, FL 34112-5746 (239)252-2040 From:Martin,Jim[mailto.Jim.Martin(c�dot.state.fl.us] Sent:Friday, February 05, 2016 8:42 AM To:OberrathKaren Cc:DelateJoseph;Reed, Charles R.;Cason, Rebecca Subject:RE:Collier County LAP 430879-1-58-01 Draft Solicitation, Checklist, and Davis Bacon Exemption • The Federal Aid Project No. is 8886 721 A. • A DRAFT LAP agreement has been sent to our Legal Office for review and I expect is back very soon. • I will look into the process for Davis Bacon exceptions for you. My understanding of the DBA is that it is a federal law that establishes the requirement for paying the local prevailing wages on public works projects. It applies to contractors and subcontractors working on federally funded or assisted contracts in excess of$2,000 for the construction, alteration, or repair of public buildings or public works. This project meets the requirement of the act and i am not aware of any exception process. The fact that this project is not on a "major arteries etc"does not appear to create an exemption by itself. But I will look into it. • When and in what way have the plans changed on this project? Jim Martin, CPM Local Program Coordinator Florida Department of Transportation FDCC1N D1 Office Program Management 801 N.Broadway Ave,MS 1-12,Bartow,FL 33830 863-519-2665 DOTNet 881-2665,4Fax:(863)534-7179 From:OberrathKaren[mailto:KarenOberrath(@colliergov.netl Sent:Thursday, February 04, 2016 3:49 PM Packet Page -616- 5/24/2016 16.A.24. To:Martin,Jim Cc:DelateJoseph Subject:Collier County LAP 430879-1-58-01 Draft Solicitation, Checklist, and Davis Bacon Exemption Hi Jim, Please find attached the drafted ITB solicitation and checklist for LAP 430879-1-58-01, East Naples Sidewalks. We have not been provided a draft agreement;so, I have not listed a federal aid project number. Please review and let us know what clarifications or corrections you require. The final plans for this LAP were provided to FDOT on November 16,2015. Page 1 of the plans is attached. Given the project scope has changed, and the lanes of this LAP are not major arteries etc., I am writing to formally request Davis Bacon exemption for this project. Thank you in advance for your help and consideration. I look forward to seeing you tomorrow. Karen Karen Oberrath Senior Accountant, Grant Compliance Office of Management and Budget Collier County 3299 Tamiami Trail East,Suite 201 Naples, FL 34112-5746 (239)252-2040 Under Florida Law,e-mail addresses are public records,If you do not want your e-mail address released in response to a public records request,do not send electronic mail to t Packet Page-617- 5/24/2016 16.A.24. PUBLIC OFFICER CONFLICT OF INTEREST CERTIFICATION Collier County is a Florida Department of Transportation(FDOT)Local Agency Program(LAP)certified agency. The funding source for LAP projects is the Federal Highway Authority(FHWA);whereby grant dollars are passed through the FDOT via a LAP agreement. I certify that I have no present conflict of interest on the following project(s): Financial Project Numbers: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd.Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks The projects listed above will have LAP funded construction engineering inspection services provided by AIM Engineering&Surveying,Inc. I further certify that I will recuse myself from any capacity of decision making, approval, disapproval or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers of an agency may not have any interest,financial or otherwise direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. By signing below, I attest that public officers should avoid any conduct that might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety; and that public officers in the State of Florida are expected to safeguard their ability to make objective, fair and impartial decisions, in part, by not accepting any benefit under circumstances that could be inferred by a reasonable observer that the benefit was provided to influence a pending or future decision,or to reward a past decision. I realize that a violation of the above mentioned statutes is punishable in accordance with Section 112.317 or Section 334.193,Florida Statutes,and could result in disciplinary action. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk DONNA FIALA, CHAIR Dated: Approved as to form and legality: Scott R.Teach Deputy County Attorney [16-M8G-00259/1240262/1] 12) Packet Page -618- 5/24/2016 16.A.24. PUBLIC OFFICER CONFLICT OF IN 1'EREST CER 1'Ili ICATION Collier County is a Florida Department of Transportation(FDOT)Local Agency Program(LAP)certified agency. The funding source for LAP projects is the Federal Highway Authority(FHWA);whereby grant dollars are passed through the FDOT via a LAP agreement. I certify that I have no present conflict of interest on the following project(s): Financial Project Numbers: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd. Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks The projects listed above will have LAP funded construction engineering inspection services provided by AIM Engineering&Surveying,Inc. I further certify that I will recuse myself from any capacity of decision making, approval, disapproval or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers of an agency may not have any interest,financial or otherwise direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. By signing below, I attest that public officers should avoid any conduct that might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety; and that public officers in the State of Florida are expected to safeguard their ability to make objective,fair and impartial decisions, in part, by not accepting any benefit under circumstances that could be inferred by a reasonable observer that the benefit was provided to influence a pending or future decision,or to reward a past decision. I realize that a violation of the above mentioned statutes is punishable in accordance with Section 112.317 or Section 334.193,Florida Statutes,and could result in disciplinary action. A1"I'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TIM NANCE,VICE CHAIRMAN Dated: Approved as to form and legality: Scott R.Teach Deputy County Attorney [16-MBG-00259/1240262/1) Packet Page-619- i 5/24/2016 16.A.24. PUBLIC OFFICER CONFLICT OF INTEREST CERTIFICATION Collier County is a Florida Department of Transportation(FDOT)Local Agency Program(LAP)certified agency. The funding source for LAP projects is the Federal Highway Authority(FHWA);whereby grant dollars are passed through the FDOT via a LAP agreement. I certify that I have no present conflict of interest on the following project(s): Financial Project Numbers: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd.Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks The projects listed above will have LAP funded construction engineering inspection services provided by AIM Engineering&Surveying,Inc. I further certify that I will recuse myself from any capacity of decision making, approval,disapproval or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers of an agency may not have any interest,financial or otherwise direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. By signing below, I attest that public officers should avoid any conduct that might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety; and that public officers in the State of Florida are expected to safeguard their ability to make objective, fair and impartial decisions, in part, by not accepting any benefit under circumstances that could be inferred by a reasonable observer that the benefit was provided to influence a pending or future decision,or to reward a past decision. I realize that a violation of the above mentioned statutes is punishable in accordance with Section 112.317 or Section 334.193,Florida Statutes,and could result in disciplinary action. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TOM HENNING,COMMISSIONER Dated: Approved as to form and legality: Scott R.Teach Deputy County Attorney [16-MBG-00259/1240262/1] Packet Page-620- FA 5/24/2016 16.A.24. PUBLIC OFFICER CONFLICT OF INTEREST CERTIFICATION Collier County is a Florida Department of Transportation(FDOT)Local Agency Program(LAP)certified agency. The funding source for LAP projects is the Federal Highway Authority(FHWA);whereby grant dollars are passed through the FDOT via a LAP agreement. I certify that I have no present conflict of interest on the following project(s): Financial Project Numbers: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd.Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks The projects listed above will have LAP funded construction engineering inspection services provided by AIM Engineering&Surveying,Inc. I further certify that I will recuse myself from any capacity of decision making, approval, disapproval or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers of an agency may not have any interest,fmancial or otherwise direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. By signing below, I attest that public officers should avoid any conduct that might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety; and that public officers in the State of Florida are expected to safeguard their ability to make objective,fair and impartial decisions, in part, by not accepting any benefit under circumstances that could be inferred by a reasonable observer that the benefit was provided to influence a pending or future decision,or to reward a past decision. I realize that a violation of the above mentioned statutes is punishable in accordance with Section 112.317 or Section 334.193,Florida Statutes,and could result in disciplinary action. AFI'LST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA HILLER,COMMISSIONER Dated: Approved as to form and legality: Scott R.Teach Deputy County Attorney (16-MBG-00259/1240262/1] 0V3 Packet Page -621- 4 5/24/2016 16.A.24. PUBLIC OFFICER CONFLICT OF INTEREST CERTIFICATION Collier County is a Florida Department of Transportation(FDOT)Local Agency Program(LAP)certified agency. The funding source for LAP projects is the Federal Highway Authority(FHWA);whereby grant dollars are passed through the FDOT via a LAP agreement. I certify that I have no present conflict of interest on the following project(s): Financial Project Numbers: 429899-1 New Market Road Sidewalk 433176-1 Pine Ridge Turn Lane 433177-1 Golden Gate Intersection 434990-1 GG Various Sidewalks 435030-1 Sunshine Blvd.Sidewalks 435116-1 GG Collector Sidewalk 435117-1 North Naples Sidewalks 435118-1 Vanderbilt Bike Lane/Sidewalk 435119-1 49th Terrace Sidewalks The projects listed above will have LAP funded construction engineering inspection services provided by AIM Engineering&Surveying,Inc. I further certify that I will recuse myself from any capacity of decision making, approval, disapproval or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, public officers of an agency may not have any interest,financial or otherwise direct or indirect;engage in any business transaction or professional activity;or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. By signing below, I attest that public officers should avoid any conduct that might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety; and that public officers in the State of Florida are expected to safeguard their ability to make objective, fair and impartial decisions, in part, by not accepting any benefit under circumstances that could be inferred by a reasonable observer that the benefit was provided to influence a pending or future decision,or to reward a past decision. I realize that a violation of the above mentioned statutes is punishable in accordance with Section 112.317 or Section 334.193,Florida Statutes,and could result in disciplinary action. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk PENNY TAYLOR,COMMISSIONER Dated: Approved as to form and legality: Scott R.Teach Deputy County Attorney [16-MBG-00259/1240262/1] Packet Page -622- 2)_,,