Agenda 03/28/2017 Item #16A1203/28/2017
EXECUTIVE SUMMARY
Recommendation to execute "Public Officer Conflict of Interest Certifications" related to
Agreement No. 15-6471 for Engineering & Design Services for Local Agency Program (LAP)
Funded Projects.
OBJECTIVE: To obtain execution of the Florida Department of Transportation (FDOT) “Public Officer
Conflict of Interest Certification” form by each Commissioner as required for FDOT LAP projects.
CONSIDERATIONS: On December 13, 2016 under Item 16.A.46, the Board of County Commissioners
(Board) approved a short list of firms for Engineering & Design Services for Local Agency Program
Funded Projects and subsequently authorized negotiations to commence with the top ranked firm,
Johnson Engineering, Inc., for the following twelve (12) LAP projects:
4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
4175407 - SR 29 from First Street to Ninth Street
433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
433176 - Pine Ridge Rd at Various Locations
433177 - CR 886 (Golden Gate) At Livingston
434990 - Golden Gate Various Locations Sidewalk
435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
435116 - Golden Gate Collector Sidewalks Various Locations
435117 - North Naples Sidewalks at Various Locations
435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
FISCAL IMPACT: There is no Fiscal Impact Associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: 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…” The
Local Program Coordinator of FDOT’s LAP program has taken 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. In part, FDOT points to several federal regulations including
but not limited to 2 C.F.R. § 1201.112, which requires non-Federal entities to disclose in writing any
potential conflict of interest, and 2 C.F.R. § 200.318, which addresses conflicts of interest pertaining to
general procurement standards. The attached Certification is essentially identical to each of the
Commissioner’s existing voting obligations under the Florida Code of Ethics. The Local Program
Coordinator states that the release of funding is contingent on each Commissioner entering into this
Certification. Although not consistently required in the past, FDOT states that it will require the
completion of the Certification form going forward but that County Staff may combine multiple projects
and engineers in a single completed Certification form. With that noted, this item is approved as to form
and legality, and requires majority vote for Board approval. -SRT
RECOMMENDATION: That each Board member executes the attached “Public Officer Conflict of
Interest Certification” related to Agreement No. 15-6471 for Engineering & Design Services for Local
03/28/2017
Agency Program Funded Projects with Johnson Engineering, Inc.
Prepared By: Mark McCleary, P.E., P.S.M., Principal Project Manager, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. 15-6471 Public Officer COI Certification TAYLOR (PDF)
2. 15-6471 Public Officer COI Certification SOLIS (PDF)
3. 15-6471 Public Officer COI Certification FIALA (PDF)
4. 15-6471 Public Officer COI Certification SAUNDERS (PDF)
5. 15-6471 Public Officer COI Certification McDANIEL (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 2800
Item Summary: Recommendation to execute "Public Officer Conflict of Interest Certifications"
related to Agreement No. 15-6471 for Engineering & Design Services for Local Agency Program (LAP)
Funded Projects.
Meeting Date: 03/28/2017
Prepared by:
Title: Project Manager – Transportation Engineering
Name: Mark McCleary
02/24/2017 7:50 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
02/24/2017 7:50 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/24/2017 8:07 AM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 02/24/2017 8:53 AM
Procurement Services Allison Kearns Additional Reviewer Completed 02/24/2017 10:26 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/24/2017 1:57 PM
Growth Management Department Diane Lynch Additional Reviewer Completed 02/24/2017 2:04 PM
Public Services Department Diane Lynch Level 1 Division Reviewer Skipped 02/24/2017 2:05 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/27/2017 8:43 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 02/28/2017 7:46 AM
Procurement Services Ted Coyman Additional Reviewer Completed 02/28/2017 8:44 AM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 02/28/2017 12:06 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/28/2017 1:26 PM
Grants Kimberly Lingar Level 2 Grants Review Completed 02/28/2017 2:37 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2017 4:14 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/01/2017 1:53 PM
Grants Therese Stanley Additional Reviewer Completed 03/06/2017 1:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2017 4:42 PM
03/28/2017
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
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
onthefollowing Financial Project Number projects:
Financial Project Number: 4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
Financial Project Number: 4175407 -SR 29 from First Street to Ninth Street
Financial Project Number: 433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
Financial Project Number: 433176 - Pine Ridge Rd at Various Locations
Financial Project Number: 433177 - CR 886 (Golden Gate) At Livingston
Financial Project Number: 434990 - Golden Gate Various Locations Sidewalk
Financial Project Number: 435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
Financial Project Number: 435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
Financial Project Number: 435116 - Golden Gate Collector Sidewalks Various Locations
Financial Project Number: 435117 - North Naples Sidewalks at Various Locations
Financial Project Number: 435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
Financial Project Number: 435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
The projects listed above will have LAP funded Design Services provided by Johnson
Engineering, 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 ofan agency may not have any interest, financial or otherwise direct or indirect; engage in any
business transaction or professional activity;oraccept any obligation ofany kind which isinconflict 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 pendingorfuturedecision,ortoreward a past decision.
I realizethataviolation oftheabovementioned statutesispunishable in accordance withSection 112.317 or
Section 334.193, Florida Statutes,andcould result in disciplinary action.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: _______________________________ By: ___________________________________
, Deputy Clerk PENNY TAYLOR, CHAIR
Dated: ________________________________
Approved as to form and legality:
_____________________________
Scott R. Teach
Deputy County Attorney
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 Financial Project Number projects:
Financial Project Number: 4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
Financial Project Number: 4175407 - SR 29 from First Street to Ninth Street
Financial Project Number: 433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
Financial Project Number: 433176 - Pine Ridge Rd at Various Locations
Financial Project Number: 433177 - CR 886 (Golden Gate) At Livingston
Financial Project Number: 434990 - Golden Gate Various Locations Sidewalk
Financial Project Number: 435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
Financial Project Number: 435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
Financial Project Number: 435116 - Golden Gate Collector Sidewalks Various Locations
Financial Project Number: 435117 - North Naples Sidewalks at Various Locations
Financial Project Number: 435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
Financial Project Number: 435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
The projects listed above will have LAP funded Design Services provided by Johnson
Engineering, 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 ANDY SOLIS, VICE CHAIR
Dated: ________________________________
Approved as to form and legality:
_____________________________
Scott R. Teach
Deputy County Attorney
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 Financial Project Number projects:
Financial Project Number: 4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
Financial Project Number: 4175407 - SR 29 from First Street to Ninth Street
Financial Project Number: 433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
Financial Project Number: 433176 - Pine Ridge Rd at Various Locations
Financial Project Number: 433177 - CR 886 (Golden Gate) At Livingston
Financial Project Number: 434990 - Golden Gate Various Locations Sidewalk
Financial Project Number: 435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
Financial Project Number: 435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
Financial Project Number: 435116 - Golden Gate Collector Sidewalks Various Locations
Financial Project Number: 435117 - North Naples Sidewalks at Various Locations
Financial Project Number: 435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
Financial Project Number: 435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
The projects listed above will have LAP funded Design Services provided by Johnson
Engineering, 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,COMMISSIONER
Dated: ________________________________
Approved as to form and legality:
_____________________________
Scott R. Teach
Deputy County Attorney
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 Financial Project Number projects:
Financial Project Number: 4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
Financial Project Number: 4175407 - SR 29 from First Street to Ninth Street
Financial Project Number: 433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
Financial Project Number: 433176 - Pine Ridge Rd at Various Locations
Financial Project Number: 433177 - CR 886 (Golden Gate) At Livingston
Financial Project Number: 434990 - Golden Gate Various Locations Sidewalk
Financial Project Number: 435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
Financial Project Number: 435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
Financial Project Number: 435116 - Golden Gate Collector Sidewalks Various Locations
Financial Project Number: 435117 - North Naples Sidewalks at Various Locations
Financial Project Number: 435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
Financial Project Number: 435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
The projects listed above will have LAP funded Design Services provided by Johnson
Engineering, 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 BURT L. SAUNDERS,COMMISSIONER
Dated: ________________________________
Approved as to form and legality:
_____________________________
Scott R. Teach
Deputy County Attorney
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 Financial Project Number projects:
Financial Project Number: 4175405 - SR 29 from Cr 846 (Airport Rd) To N. of New Market Road N.
Financial Project Number: 4175407 - SR 29 from First Street to Ninth Street
Financial Project Number: 433175 - SR 82 (Immokalee Rd) At Cr 850 (Corkscrew Rd)
Financial Project Number: 433176 - Pine Ridge Rd at Various Locations
Financial Project Number: 433177 - CR 886 (Golden Gate) At Livingston
Financial Project Number: 434990 - Golden Gate Various Locations Sidewalk
Financial Project Number: 435029 - Us 41 from CR 846 (111th Ave) To N. of 91st Ave
Financial Project Number: 435030 - Sunshine Blvd from 17th Ave SW to Green Blvd
Financial Project Number: 435116 - Golden Gate Collector Sidewalks Various Locations
Financial Project Number: 435117 - North Naples Sidewalks at Various Locations
Financial Project Number: 435118 - CR 862 (Vanderbilt Beach Rd) From CR 901 to Gulf Pavilion Dr
Financial Project Number: 435119 - 49th Terrace SW from 20th Place SW to 19th Place SW
The projects listed above will have LAP funded Design Services provided by Johnson
Engineering, 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 WILLIAM L. McDANIEL, JR., COMMISSIONER
Dated: ________________________________
Approved as to form and legality:
_____________________________
Scott R. Teach
Deputy County Attorney