Agenda 09/24/2013 Item #10E 9/24/2013 10.E.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners,in its capacity as the governing body of
the Collier County Airport Authority, extends the Airport Authority Executive Director's
Employment Agreement with Thomas C. Curry, fixing the end date of the first extension term as
September 30, 2016, revising travel approval requirements, and amending the Agreement to
comport with Ch.2011-143, Florida Statutes and travel.
OBJECTIVE: That the Board of County Commissioners extends the Airport Authority Executive
Director's Employment Agreement with Thomas C. Curry, and fixes the end date of the first extension
term as September 30, 2016.
CONSIDERATIONS: On September l5, 2010, the Board of County Commissioners, in its capacity as
the governing body of the Collier County Airport Authority, and Thomas C. Curry, entered into the
Airport Authority Executive Director's Employment Agreement. The Agreement expires on September
30, 2013.
Terms of Section 2 C of the Agreement are set forth below:
Section 2: Term
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 intent 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 Agreement 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.
Terms of Section 15 are set forth below:
Section 15:Professional Development
The Authority agrees to pay for reasonable and customary travel expenses (as set forth in County
policy and Florida law) for the Employee and his staffs travel and attendance at any meetings and
conferences,which the Authority shall approve in advance.
During the 2011 Legislative Session, Ch. 2011-143 (HB 43/SB 88) was enacted, providing in relevant
part that on or after July 1, 2011, a unit of government that enters into an employment agreement, or
renewal or renegotiation of an existing employment agreement, that contains a provision for severance
pay with an employee, must include the following provisions in the contract: (1) a requirement that
severance pay provided may not exceed an amount greater than 20 weeks of compensation, and (2) a
prohibition of provision of severance pay when the officer, agent, employee, or contractor has been fired
for misconduct, as defined in Section 443.036(30), Florida Statutes, by the unit of government.
The proposed Extension of Airport Executive Director's Employment Agreement fixes the end date of the
first extension term as September 30, 2016, amends the Employment Agreement to provide approval for
certain budgeted travel expenses and reimbursement for out-of-county travel as provided by Florida
Statues,and to comport with Ch. 2011-143, Florida Statutes.
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FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits). Funds
are appropriated in the Airport Authority's operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality 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, extend the Airport Authority Executive Director's
Employment Agreement, fixing the end date of the first extension term as September 30, 2016, amending
the Agreement to provide approval for certain budgeted travel expenses and reimbursement for out-of-
county travel as provided by Florida Statues, and to comport with Ch. 2011-143, Florida Statutes.
PREPARED BY: Fred W. Coyle, Commissioner,District 4
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9/24/2013 10.E.
EXTENSION OF COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS EXTENSION OF AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S
AGREEMENT ("Extension") is made and entered into this day of
2013, by and between COLLIER COUNTY, a political subdivision of the State of Florida,
hereinafter called "Employer," as the party of the first part, Thomas C. Curry, hereinafter called
"Employee,"as party of the second part.
RECITALS:
WHEREAS, Employer and Employee entered into a Collier County Airport Authority
Executive Director Employment Agreement commencing September 15, 2010 (referred to as the
"Agreement"), a copy of which is attached hereto; and
WHEREAS,the Agreement expires September 30, 2013; and
WHEREAS, the Agreement provides that "Nearing the conclusion of the initial
employment period, and any applicable extensions, the Employment Agreement may be
renegotiated by the Authority;"and
WHEREAS, the Agreement provides that "The Authority agrees to pay for reasonable and
customary travel expenses (as set forth in County policy and Florida law) for the Employee and his staff's
travel and attendance at any meetings and conferences,which the Authority shall approve in advance;" and
WHEREAS, during the 2011 Legislative Session Ch. 2011-143 (HB 43/SB 88) was
enacted, providing in relevant part that on or after July 1, 2011, a unit of government that enters
into an employment agreement, or renewal or renegotiation of an existing employment agreement,
that contains a provision for severance pay with an employee, must include the following
provisions in the contract: (1) a requirement that severance pay provided may not exceed an
amount greater than 20 weeks of compensation, and (2) a prohibition of provision of severance
pay when the officer, agent, employee, or contractor has been fired for misconduct, as defined in
s. 443.036(30), by the unit of government; and
WHEREAS, the Employer and Employee wish to amend the Agreement to provide approval
for certain budgeted travel expenses and reimbursement for out-of-county travel as provided by Florida
Statues, to comport with Ch. 2011-143, Florida Statutes, and to extend the term of the Agreement
to September 30, 2016, in the manner set forth below.
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WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Employer and Employee, and in consideration of
the covenants contained herein,the Employer and Employee agree as follows:
1. The above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
September 30, 2016.
3. The Agreement is hereby amended to comply with Ch. 2011-143, Florida Statutes so
that notwithstanding anything to the contrary, any severance pay provided may not exceed an
amount greater than 20 weeks of compensation, and no severance pay shall be made if the
Employee has been fired for misconduct, as defined in s. 443.036(30), by the Employer.
4. Section 15: Professional Development is hereby amended to read as follows:
Section 15: Professional Development
A. Authority hereby agrees to budget and pay for travel and subsistence
expenses of Employee for professional and official travel, meetings, and
occasions adequate to continue the professional development of
Employee and to adequately pursue necessary official functions for
Employer, including but not limited to the annual Sun "n Fun event in
Lakeland, Florida, and the Annual FAC conference.
B. Employer also agrees to budget and pay for travel and subsistence
expenses for Employee for short courses, institutes, and seminars that
are necessary for his professional development for the good of the
Employer.
C. All out-of-state travel not specifically provided for herein shall be pre-
approved by the Board. Reimbursement for out-of-county travel shall be
as provided by Florida Statutes.
5. Except as modified by this Extension, the Agreement shall remain in full force and
effect. If there is a conflict between the terms of this Extension and the Agreement, the
terms of this Extension shall prevail.
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IN WITNESS WHEREOF, the Employer has caused this Extension to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Employee has signed and executed this Extension, both in duplicate, the month, date and year first
written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
WITNESSES: EMPLOYEE
By:
Print Name: THOMAS C. CURRY
Print Name:
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9/24/2013 10.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.E.
Item Summary: Recommendation that the Board of County Commissioners, in its capacity
as the governing body of the Collier County Airport Authority, extends the Airport Authority
Executive Director's Employment Agreement with Thomas C. Curry,fixing the end date of the
first extension term as September 30, 2016, revising travel approval requirements, and
amending the Agreement to comport with Ch. 2011-143, Florida Statutes and travel.
(Commissioner Coyle)
Meeting Date: 9/24/2013
Prepared By
Name: BartlettKristi
Title: Executive Aide to the BCC
9/17/2013 2:19:21 PM
Submitted by
Title: Executive Aide to the BCC
Name: BartlettKristi
9/17/2013 2:19:22 PM
Approved By
Name: DurhamTim
Date: 9/17/2013 2:46:11 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 3:38:15 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 4:20:28 PM
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