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Agenda 09/27/2011 Item #16G29/2712011 Item 16.G.2. T"\ ~.~S~y 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. packetPase -2314- 9/27/2011 Item 16.G.2. /'"'-.. 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.) /'"'-.. 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 /'"'-.. Packet Page -2315- 9/27/2011 Item 16.G.2. COLLIER COUNTY ~ 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 /'"'-. Packet Page -2316- ~ ~ /'"'-. 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 Packet Page -2317-