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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