Agenda 05/28/2013 Item #16E3 5/28/2013 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve the Employment Agreement for the Chief Hearing Examiner with
an effective date of May 29,2013.
OBJECTIVE: To obtain authorization from the BCC to approve the Employment Agreement for
Mark P. Strain, selected for the position of Chief Hearing Examiner.
CONSIDERATIONS: At its May 14, 2013 meeting, the Board reviewed candidates who had
submitted applications for consideration for the position of Chief Hearing Examiner, selected Mark P.
Strain to fill the position, and authorized the Chair to negotiate an Employment Agreement.
Accordingly,the Chair negotiated the terms and conditions of employment as follows: In addition to a
base annual salary of$110,000, Mr. Strain will be provided with a lump sum amount of eighty (80)
hours of vacation upon approval of the agreement. He will be eligible for the same comprehensive
benefits package, will accrue sick and vacation at the same frequency and in the same manner as other
County employees and shall be eligible for all County Holidays and Personal Leave time. The
attached Employment Agreement is brought forward for consideration, and, if approved, would be
effective Wednesday,May 29, 2013.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as
to form and legality, and requires majority vote for approval. -JAK
FISCAL IMPACT: An annual salary of $110,000, plus associated County benefits, is being
recommended for Mr. Strain's services as Chief Hearing Examiner. The budget for this operation will
total $250,000, which includes the aforementioned salary. Planning Services Fund (131) will contain
budget for 100% of the operations with a transfer from the Unincorporated Area General Fund (11 1)
offsetting 25%of planned expenses.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the Employment
Agreement for the Chief Hearing Examiner,Mark P. Strain.
PREPARED BY: Len Golden Price, Administrator,Administrative Services Division
Attachments: Chief Hearing Examiner Employment Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve the Employment Agreement for the Chief
Hearing Examiner with an effective date of May 29, 2013.
Meeting Date: 5/28/2013
Prepared By
Name: LybergAmy
Title:Director-Human Resources,Human Resources
5/21/2013 11:24:00 AM
Submitted by
Title: Director-Human Resources,Human Resources
Name: LybergAmy
5/21/2013 11:24:03 AM
Approved By
Name: pochopinpat
Title:Administrative Assistant,Facilities Management
Date: 5/21/2013 11:49:34 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 5/21/2013 12:28:57 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/21/2013 1:24:35 PM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 5/21/2013 2:31:18 PM
Name: IsacksonMark
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5/28/2013 16.E.3.
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/21/2013 4:25:23 PM
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5/28/2013 16.E.3.
HEARING EXAMINER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of May, 2013, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "County,"
as party of the first part, and Mark P. Strain, hereinafter called "Hearing Examiner," as party of
the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, the County desires to employ the services of Mark P. Strain as a Hearing
Examiner for Collier County, as provided by Collier County Ordinance No. 2013-25, as
amended from time to time (hereinafter referred to as the"Hearing Examiner's Ordinance"); and
WHEREAS, it is the desire of the Board of County Commissioners to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of the
Hearing Examiner; and
WHEREAS, the undersigned desires to accept employment as Hearing Examiner for
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties
The Hearing Examiner shall have the authority, duties and responsibilities as set forth in
Section 5 of the Hearing Examiner's Ordinance.
Section 2: Term
A. This Agreement shall commence effective Wednesday, May 29, 2013, subject to
approval of the Board of County Commissioners, and shall terminate on September 30, 2015.
B. On or before March 30th preceding the then ending year of the 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 County and the Hearing Examiner.
C. Either party may freely terminate this Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall have any
further obligation to the other party. In the event the Hearing Examiner is convicted of any
felony or of any crime involving moral turpitude, the County may by written notice immediately
terminate this Agreement.
Section 3: Salary
A. Employer agrees to pay the Hearing Examiner for his services rendered pursuant
hereto an annual base salary of$110,000,payable in bi-weekly installments.
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B. On the date that cost of living adjustment is granted generally to Collier County Avow
employees, the Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
Section 4: Hours of Work
The Hearing Examiner shall work those hours necessary to fulfill his powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall be performed
by the Hearing Examiner personally, or through the assistance of such employees as may be
made available from time to time by the County and concerning which the Hearing Examiner
shall assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Hearing Examiner of personal responsibility for the duties set forth herein. The
manner and means of performance of the duties herein shall be determined by the Hearing
Examiner. All acts performed by the Hearing Examiner, explicitly or implicitly, on behalf of the
County, within the scope of his employment, shall be deemed authorized by the County as its
agent, except that any act which constitutes willful misconduct or which may be unlawful shall
be deemed to be an individual act of the Hearing Examiner without authority of the County.
Section 5: Cellular Phone
The County shall provide a cellular phone and service for the Hearing Examiner's use.
Section 6: Benefits and Leave Time
The County will provide the same comprehensive benefits package to the Hearing
Examiner which is currently provided to other County employees. The Hearing Examiner will be
provided a lump sum amount of eighty (80) hours of vacation leave upon approval of the
employment agreement, and shall also accrue vacation and sick leave at the same frequency and
in the same manner as other County employees. The Hearing Examiner shall be eligible for all
County Holidays and Personal Leave time.
Section 7: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify Hearing Examiner against any tort, professional liability claim or
demand or other legal action, including costs and attorneys' fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of Hearing Examiner's duties.
Section 8: Other Terms and Conditions of Employment
The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or any other law.
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Section 9: Notices
Notices pursuant to this Agreement shall be in writing, transmitted by personal service or
by deposit in the custody of the United States Postal Service, postage prepaid, addressed as
follows:
(1) EMPLOYER: Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Third Floor
Naples,FL 34112
(2) HEARING EXAMINER: Mark P. Strain
3675 Third Avenue NW
Naples, Florida 34120
Notices shall be deemed effective upon delivery or receipt.
Section 10: General Provisions
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 Hearing Examiner .
C. This Agreement is a personal services contract and neither this Agreement nor
Hearing Examiner's obligations under this Agreement are assignable.
D. If any provision, or any portion thereof, 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 full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the County has caused this Agreement to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Hearing Examiner has signed and executed this Agreement, both in duplicate, the month, date
and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
HEARING EXAMINER:
Witness (signature) Mark P. Strain
(print name)
Witness (signature)
(print name)
Approved as to form
and legal sufficiency:
By:
Jeffrey A. Klatzkow
County Attorney
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