Agenda 09/27/2011 Item #16G29/2712011 Item 16.G.2.
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Recommendation to approve and.authorize the AirportA1Itbority Executive Director to.enter..into
an Aareemeat with the Seminole Casino at Im.__ to ereate a cooperative partDenhip aint..to
enhaneeleneral aviation and promote tile easino thro1llh.joiat attendance at air shows through.t
the State of Florida.
OBJECTIVE: To approve and authorize tb.e Airport Authority to entcrr into an Agreement with
the Seminole Casino at Immokalee for joint attendance at air shows throughout the State of
Florida to enhance general aviation in Collier County and promote the casino.
CO~S.t:~:nQN$: The Seminole Casino at Immokalee approached tb.e .Airport Authority
Executive Director.to discuss the potential for a cooperative partnership aimed. to enhance
general aviation and promote the casinotbrough attendance at.air shows throughol.lt the State of
Florida. The Seminole Casino has agreed to reimburse Collier Coumyfor its reasonable
expenses incurred to have Airport repre$e1ltation Present each day at each of the air shows.
Expenses wiU be invoiced and processed in compliance with Collier County CMA #5310 and
Section 112.061, Fla Stat., regarding travel for public employees.
The Airport. Authority and the Seminole Casino believe the Immokalee Regional Airport can
serve as a major transportation altemativetobring visitors into the community. Colle<<ively, the
T"\ Airport and the Casino can benefit by this partnership.
The Airport Authority Executive Director will report the progress to the Board of County
Commissioners at least once annually.
The first event is scheduled for the March 27 - April I, 2011, the 38lh Annual Sun-n-Fly Event in
Lakeland,. Florida.
FIS<;:AL..IMfJ\CT: . There is no Fiscal Impact. The Seminole Casino at. Immokal~ will
reimburse estimated expenses.
GIlQWTB ~~G~~NT lMrACTi There is no impact on the Growth Management Plan
from this action. .
LEG~ CONSm~TIONS: The County Attorney's Office has reviewed this item for
complianCe with Collier County's Ethics CMA, the County Ethics Ordinance and Florida's
Ethics Code in Ch. 112, Fla. Stat. I also contacted the Florida Commission on Ethics due to the
unique nature of ~cooperative partnership with the Seminole Tribe. This proposedcoope1:atlve
partnership an4 reimbursement agreement does. not trigger an ethics issue under county or
Florida law for the . following reasons: (I) the reimburscmtent will be made to the County rather
than a County employee, (2) Chris Curry, the Airport. Executive Director, is not a reporting
individual preclwiedby Florida law from accepting a gift, and (3) the Seminole Tribe is not a
lobbyist or. another compensated group attempting . to gain favor with the Board of County
T"\ Commissioners.
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9/27/2011 Item 16.G.2.
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Florida Commission on Ethics Opinion 91-21 addresses a similar issue that involved a reporting
individual and a vendor seeking to do business with the government agency. The vendor invited
the Supervisor of Elections to view its facility in California. The Opinion found that the
arrangement was not prohibited by the state ethics law. Section 112.3148(4), Fla. Stat., provides
in relevant part:
A reporting individual or procurement employee or any other
person on his behalf is prohibited from knowingly accepting,
directly or indirectly, a gift from a political committee or
committee of continuous existence, as defined in s. 106.011, or
from a lobbyist who lobbies the reporting individual's or
procurement employee's agency, or directly or indirectly on behalf
of the partner, firm, employer, or principal of a lobbyist, if he
knows or reasonably believes that the gift has a value in excess of
$100; however. such a gift may be accepted bv such person on
behalf of a governmental entity or a charitable organization. If the
gift is accepted on behalf of a governmental entity or charitable
organization, the person receiving the gift shall not maintain
custody of the gift for any period of time beyond that reasonably
necessary to arrange for the transfer of custody and ownership of
the gift. (emphasis added.)
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The "safe harbor" provision cited above is not technically required for this proposed cooperative
partnership, however it may alleviate any concerns as to whether this reimbursement
arrangement qualifies as a gift under either state or local law.
This item has been reviewed by the County Attorney's Office, requires majority vote, and is
legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to approve and authorize the Airport Authority
Executive Director to enter into an Agreement with the Seminole Casino at Immokalee to create
a cooperative partnership aimed to enhance general aviation and promote the casino through
joint attendance at air shows throughout the State of Florida.
SUBMITTED BY: Chris Curry, Executive Director Collier County Airport Authority
Colleen M. Greene, Assistant County Attorney
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9/27/2011 Item 16.G.2.
COLLIER COUNTY
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Board of County Commissioners
Item Number: 16.G.2.
Item Summary: Recommendation to approve and authorize the Airport Authority
Executive Director to enter into an Agreement with the Seminole Casino at Immokalee to
create a cooperative partnership aimed to enhance general aviation and promote the casino
through joint attendance at air shows throughout the State of Florida.
Meeting Date: 9/27/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
9/15/2011 4:53:37 PM
Submitted by
,-...
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
9/15/2011 4:53:38 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 9/] 6/2011 9:05:54 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 9/16/2011 10:36:20 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 9/16/201111:51:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 3:24:24 PM
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9/27/2011 Item 16.G.2.
~arne: Isackso~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/19/2011 5:27:23 PM
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