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Agenda 01/08/2013 Item #10L 1/8/2013 Item 10.L. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorializes its October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. OBJECTIVE: To memorialize the Authority's October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement. CONSIDERATIONS: On October 23, 2012, the Authority extended its employment agreement with Executive Director Thomas C. Curry to September 30, 2015; increased Mr. Curry's annual base salary by 4%; increased Mr. Curry's severance pay from three months to 20 weeks; and amended the agreement to comport with Ch. 2011-143, Florida Statutes. The attached agreement memorializes these changes. FISCAL IMPACT: The 4% raise converts to a $5,200 per year increase. Three months severance equals 13 weeks, so the increase in severance to 20 weeks equates to an additional $18,200 for a total of$52,000 that will be paid only in the event of the contract termination. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney drafted the Extension and Amendment Agreement. This item is legally sufficient and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the governing body of the Collier County Airport Authority, memorializes its October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Packet Page-2890- Packet Page -727- 1/8/2013 Item 10.L. f 11J1�.-- - •--... - - - COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 156 day of September, 2010, by and between the Collier County Board of Dusty County Cotattmiasiottets, in their capacity as the governing body of the Collier County Airport Authority (hereinafter referred to as the "Authority"), and Thomas C.Curry(hereinafter referred so as the"Employee"). WITNESSETH: • WHEREAS, the desires to Authority employ the services of Thomas C. Curry as its Executive Director;and WHEREAS,it is the desire of the Authority to provide certain benefits,to establish certain conditions of employment,and to set working conditions for this position;and WHEREAS,Thomas C. Clary desires to accept employment as the Executive Director of the Collier County Airport Authority. NOW, THERE FORE, in consideration of the mutual covenants herein contained, the panics agree as follows: Section I. .Role and Duties The role and dodos of the Executive Director are as set forth in Ordinance 2010-10,and the Airport Authority Administrative Code,as both may be amended from time to time. Until an amended,the role and duties of the Executive Director shall be as follows: (a) The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. (b) The Executive Director shall work under the direction of the Authority. (c) The Executive Director shall: (1) Be responsible for the administration, management and operation of the airports and airport facilities. (2) Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority. (3) Implement all lawful directives of the Authority. (4) Prepare annual budgets and the annual reports for approval of the Authority and the Hoard. (5) Recommend employment of direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures,except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Pate 1 of I Packet Page-2891- Packet Page-728- 11/1_1/8/2013 Item 10.L. Administrative Code. The Executive Director shell also direct and supervise professional service providers engaged by the Authority. (6) Carry out such other powers and duties as may lawfully be assigned by the Authority. Section 2• Term A. Employee agrees to remain in the exclusive employ of the Authority until September 30, 2013, from the effective date of this Agreement, and neither to accept other employment nor to become employed by any other employer until termination of employment pursuant to this Agreement. B. Neither party has any right to renew or extend this Agreement. However. on or before September 30th of the year immediately preceding the then ending year of this Agreement, including any applicable extensions, the term of this Agreement may be extended for a period of two (2) years by the mutual written agreement of the Authority sad the Employee. Although both parties retain the right not to extend this Agreement with or without reason or cause, it is contemplated that the • Authority will base its decision on the question of whether or not to gram the extension of the term of this Agreement on(1)the Employee's performance and(2) the Employee's ability to successfully achieve goals mutually developed and agreed to by the Employee and the Authority. Notwithstanding the foregoing,the end date of the first extension texas,if implemented,will be September 30th,so that the term of this Agreement will ultimately correspond with the County's fiscal year. C. Nearing the conclusion of the initial employment period, and any applicable extensions,the Employment Agreement may be renegotiated by the Authority. The Employee shall be given one hundred-eighty(180)days notice of Authority's intern to renegotiate the Agreement or to allow the Agreement to expire without renegotiation. In the event the Authority's notice is not to renegotiate, but for the Agent to expire,no salary and deferred compensation severance payment nor insurance benefits shall be provided Employee or his dependents upon the expiration of the Agreement. Elements of this Agreement may be changed at any time when mutually agreed upon in writing by the Authority and the Employee. Section 3: Suspension The Authority may suspend the Employee with full pay and benefits at any time during the term of this Agreement,but only if A. A majority of the Authority and Employee agree,or B. After a public hearing, a majority of the Authority votes to suspend Employee for just cause;provided,however,that Employee shall have been given written notice setting forth any charges at least tea (10) days prior to such hearing by the Authority's members bringing such charges. Just cause shall include only willful Paget 2 of 7 Packet Page-2892- Packet Page -729- 1/8/2013 Item 10.L. *1000, misconduct or willful failure or disregard of Employee's duties under this Employment Agreement. Section 4: Termination gpd,everance Pay Subject to the provisions of this Agreement, the Executive Director may be terminated, with or without cause,by an affirmative vote of the majority membership of the Authority. In the event this Employment Agreement with Employee is terminated by the Authority before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then, and only in that event, the Authority agrees to pay Employee,in addition to any amounts then due Employee including any unused leave, a lump stmt cash payment within ten (10) working days after the effective date of termination,an=MUM equal to three(3)months of Employee's annual base salary and benefits at the rare effective on the date of termination,lea any normally requited deductions. In the event Employee is convicted of any felony or of any crime involving moral turpitude, Employer may terminate Employee's employment without notice and without any obligation to pay any aggregate severance sum or to provide post-termination insurance benefits described in the above paragraphs. tian S: Resi�tien In the event Employee voluntarily resigns his position with the Authority before expiration of his employment,then Employee shall give the Authority thirty(30)days advance written notice. oarerk If Employee voluntarily resigns, providing Employer with Less than thirty (30) days notice, Employee shall forfeit any payment for scented leave otherwise due and owing.. cction 6: Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness,accident, injury,mental incapacity or health for a period of four(4)successive weeks beyond any accrued leave,the Authority shall have the option to terminate this Agreement,subject to the severance pay regttiremena of Section 4. ,Section 7: Salary A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of$130,000 payable in 6i-weekly installments. B. The Authority and Employee shell negotiate in good faith to establish. within one hundred and twenty(120)days after execution of this Agreement, a performance- based merit system through which the Employee may be eligible for a merit adjustment upon the successful completion of memur ble goads and objectives to be completed or attained by the Employee during each fiscal year of this Agreement. Any annual performance-based merit adjustment shell not exceed a maximum of ten percent(10%)of the Employee's annual base salary. Past 3 of 7 Packet Page-2893- ` Packet Page -730- 1/8/2013 Item 10.L. 11/1 .-- - •-- .. . - - C. On the date that general wage adjustments(i.e., cost of living adjustments, special study pay adjustments, etc.) are granted generally to Collier County employees, Employee's base salary shall be modified to reflect the general wage adjustment granted to other County employees. • Section 8: Performance Evaluation The Employer shall review and evaluate the performance of the Employee in accordance with the performance-beserd merit system as provided in Section 7. Written evaluations based on said performance system will be provided by each County Commissioner to Employee prior to September 1,2011,and prior to each September 1st thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the Board Chair and Employee including any recommended merit wage adjustment A merit system wage adjustment,if any,will take effect on October 1, 2011, and each October la thereafter for the term of this Agreement An updated performance plait system for Employee will be developed in good faith between the Authority and Employee and adopted by the Authority prior to October let of each fiscal year for implementation in the next fiscal year. Section 9: Hours of Work. All duties required hereunder shall be performed by the Employee personally, or through the assistance of such Airport Authority employees as may be made available from time-to-time, which the Employee shall assume full responsibility; provided,however,that nothing herein shall be deemed to absolve the Employee of personal responsibility for the duties set forth herein. The Employee shall be "on-call` twenty-four(24) hours a day, available to perform said duties and agrees to make himself available as needed during said period. The manner and means of performance of the duties herein shall be determined by the Employee. All acts performed by the Employee,explicitly or implicitly,on behalf of the Authority,within the scope of his employment, shall be doomed authorized by the Authority as its agent, except that any act which constitutes wilful misconduct or which may be unlawful shall be deemed to be an individual act of the Employee without authority of the Authority or the County. Section 10: Outside Activities The Employee agrees to remain in the exclusive employ of the Authority while employed by the Authority. Section h 1: Automobile ago Cellular bone The Authority shall provide a cellular phone and service for the Employee's business use and an automobile reimbursement allowance in the amount of five hundred dollars (5500) per month in addition to the salary set forth in Section 7. Travel in excess of 100 miles each way will be considered professional development and will be processed in accordance with Section 15 of this Agreement. Per 4 ofT Packet Page-2894- Packet Page-731- 1/8/2013 It 1;.._.. , em 10.L. 11/ •Swilansaumbsablimoduisim The Authority agrees to provide the comprehensive benefit package to the Employee which is cturently provided to Director level personnel of Collier County Government, including relocation reimbursement up to one tenth's salaryy upon presentation of expense receipts. Employee shall also be eligible for up to $3,000 in cash match to an eligible 457 deferred retirement plan. • SgstjanilLygcsinnaziggyjniaskluve The Employee shall accrue vacation in the amount of three weeks per year (accrued bi- weekly), Holiday and sick leave will accrue at the same frequency and in the NOW manner as currently provided to Director level personnel of Collier County Government. gsaigait_fipiaggiameasniungiviku The Authority agrees to pay for the reasonable and customary professional dues and subscriptions of Employee necessary for his contused professional development, including pertinent national,regional,state,and local associations and organizations. SiNgna l Profaasiomal pagiomment The Authority agrees to pay for the remonable and customary travel expenses(as set forth in County policy and Florida law) for the Employee and hii staffs travel and attendance at any meetings and conferences,which the Authority shall approve in advance. Section 16: Indemnification In addition to that required under state and local law, the Authority shall defend, save harmless,and indemnify Employee against any tort,professional liability claim or demand or other legal action, including coats and attorneys'fees relating thereto whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Executive Director. Section 17: Bonding The Authority shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 18: Other Tenganwl Cotes of Employment The Authority and the Employee shall fix any such other terms and conditions of employment as they may determine from time to time, relating to the performance of Employee. provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any other law. Pep Sof7 Packet Page -2895- Packet Page-732- iiIMIEMEMINMIMMOniiMIMMMEMM 1/8/2013 Item 10.L. . Sectioa19: laces Notices pursuant to this Agreement shall be in writing,transmitted by personal service or by deposit in the custody of the United Stales Postal Service, postage prepaid, addressed as follows: (1)AUTHORITY: Collier County Airport Authority Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples,Florida 34112 (2)EMPLOYEE: Thomas C.Curry Notices shall be deemed effective upon delivery or receipt. ,Section 20: General Provi$ioua A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement is a personal services connect and neither this Agreement nor Employee's obligations under this Agreement are assignable. D. If any provision, or any portion thereot contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof;shall be deemed severable,shall not be affected,and shall remain in fall force and effect. E. This Agreement shall be deemed to have been made in Collier County, and shall be governed by and construed under the laws of the State of Florida.The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized repo sentatives. If these efforts are not successful, either party may then file as action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to nay disputes arising out of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW • • p Page eV? Packet Page-2896- Packet Page -733- 1/8/2013 Item 10.L. 11/1... ., ,� • IN WITNESS WHEREOF, the Authority has caused this Agreement to be signed and executed on its behalf by its Ciao, and duly attested by its Clark to the Boani, and the Employee hes signed and executed this Agreement, both in duplicate, the month, date and year first above written. Attest: HOARD OF COUNTY COMMISSIONERS CK, DWIGHT E. BROCleric OF COLLIER COUNTY.FLORIDA,serving as the COLLIER COUNTY AIRPORT A ORITY By: A By: - ;1 Clerk FRED W.COYLE, . , , I rata* saterOno ttiaatttre sm. WITNESSES: EMPLOYEE By: Print Name: THOMAS C.CURRY Ask Print Name: Approved as " form and mon f, i � y Jeffne Iatzkow Co • Page 7 of 7 Packet Page-2897- Packet Page -734- 1/8/2013 Item 10.L. COLLIER COUNTY Board of County Commissioners Item Number: 10.L. Item Summary: Request for reconsideration by Commissioner Henning of Item 16K2 from the November 13, 2012 BCC meeting titled: Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, memorializes its October 23, 2012 extension of, and amendments to, the Collier County Airport Authority Executive Director"s Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. Meeting Date: 12/11/2012 Prepared By Approved By Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 11/29/2012 9:11:48 AM Packet Page-735-