Agenda 06/26/2012 Item #14B16/26/2012 Item 14.6.1.
EXECUTIVE SUMMARY
Recommendation that the Collier County Community Redevelopment Agency (CRA) accept and
approve a Bayshore Gateway Triangle CRA Executive Director Termination and Settlement
Agreement and authorize the CRA Chairman to sign
OBJECTIVE: To approve a Termination and Settlement Agreement between the Community
Redevelopment Agency Board and the Bayshore Gateway Triangle CRA Executive Director, and
authorize the Chairman to sign.
CONSIDERATIONS: The CRA Local Advisory Board has worked closely with the Executive
Director and CRA staff for seven years, and routinely makes recommendations to the CRA Board to
approve projects that are consistent with the CRA Plan and meets the needs of the community.
In view of the CRA Board's February 28, 2012 approval of the Finance Committee's Plan of Action
concerning the CRA budget and loan refinancing, the Local Advisory Board met on March 6, 2012 to
focus on discretionary spending for FY2013 -2014.
To meet budgetary goals, personnel reductions were analyzed and a motion was approved to
recommend that the CRA Board terminate the Executive Director's contract (Exhibit A) "without
cause" in accordance with the "Severance Terms" of the contract, due to budget considerations.
The Director's severance package of 20 weeks of base salary would be a lump sum of $48,048.85;
however, informal discussions with some members of the CRA Board indicate that a mutual agreement
and acceptance of a six (6) week severance (approximately $14,414.65) in accordance with FS125.425
(Exhibit B) would be acceptable.
FISCAL IMPACT: The Executive Director's annual salary/benefits package is approximately
$162,012, and elimination of this position would be a cost savings of approximately $324,024 over two
years. There is sufficient funding in the FY2012 budget to pay the $14,414.65 severance.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Termination Agreement was prepared by the County Attorney,
and for the reasons set forth therein, is legally sufficient. This item requires majority vote for approval.
-JAK
RECOMMENDATION: That the CRA Board accept and approve
Agreement between the Community Redevelopment Agency Board
Triangle CRA Executive Director, and authorize the Chairman to sign..
Prepared by David L. Jackson on June 13, 2012
Executive Director, Bayshore Gateway Triangle CRA
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Termination and Settlement
and the Bayshore Gateway
6/26/2012 Item 14.6.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.8.1.
Item Summary: Recommendation that the Collier County Community Redevelopment
Agency (CRA) accept and approve a Bayshore Gateway Triangle CRA Executive Director
Termination and Settlement Agreement and authorize the CRA Chairman to sign
Meeting Date: 6/26/2012
Prepared By
Name: JacksonDavid
Title: Executive Director, Bayshore CRA
6/13/2012 4:41:51 PM
Submitted by
Title: Executive Director, Bayshore CRA
Name: JacksonDavid
6/13/2012 4:41:53 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2012 2:30:16 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2012 3:31:42 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 1:22:42 PM
Name: OchsLeo
Title: County Manager
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6/26/2012 Item 14.6.1.
Date: 6/17/2012 8:28:32 AM
•
6/26/2012 Item 14.6.1.
TERMINATION AND SETTLEMENT OF EMPLOYMENT AGREEMENT BETWEEN
DAVID L. JACKSON AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS TERMINATION AND SETTLEMENT AGREEMENT is made and entered
into this 26th day of June, 2012, by and between the Collier County Board of County
Commissioners, in its capacity as the governing body of the Collier County Community
Redevelopment Agency (hereinafter referred to as the "CRA "), and David L. Jackson
(hereinafter referred to as the "Employee ").
RECITALS:
WHEREAS, on March 22, 2005, the parties entered into an Employment Agreement,
hiring Employee as the Executive Director of the Bayshore /Gateway Triangle Redevelopment
Area, retroactive to March 16, 2005; and
WHEREAS, on November 1, 2005, the parties entered into a revised Employment
Agreement (hereinafter referred to as the "Employment Agreement ") hiring the Employee to
serve as the Executive Director of the Collier CRA Bayshore Gateway Triangle, which
Agreement provided for a term of employment and other terms and conditions of employment;
and
WHEREAS, the Agreement has previously been extended and amended on June 26,
2007, April 13, 2010, September 27, 2011 and restated on May 8, 2012, which restated
Employment Agreement is attached hereto as Exhibit "A;" and
WHEREAS, there is a Loan Agreement dated September 1, 2009, by and between the
CRA and Fifth Third Bank, with a current outstanding principal on this loan as of June 12, 2012,
of $9,911,000 and a principal balance due on September 1, 2014 of $8,800,000; and
WHEREAS, due to financial circumstances beyond anyone's control which have affected
the entire U.S. economy, and more particularly the Bayshore CRA area, tax increment revenues
and market values of CRA -owned property have fallen considerably since the CRA entered into
the Loan Agreement; and
WHEREAS, on June 12, 2012, the CRA Board accepted the Finance Committee's
recommendation to reject the lone bid received from Fifth Third Bank under Invitation to Bid
12 -5877 which was issued in an attempt to refinance and restructure the current
Bayshore /Gateway Triangle CRA Series 2009 Term Loan under more favorable financing terms
and at the lowest overall financing cost; and
WHEREAS, unless current circumstances change, the CRA will not have sufficient funds
to pay the principal balance due on September 1, 2014 of $8,800,000; and
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6/26/2012 Item 14.13.1.
WHEREAS, given the present financial circumstances, it is no longer in the best interest
of the CRA to continue the employment of David L. Jackson as its Executive Director, but
instead to redirect both future CRA revenues and the compensation due Mr. Jackson under the
terms of his Employment Agreement to a reserve fund to be used to help pay the remaining debt
due on the loan; and
WHEREAS, Mr. Jackson's Employment Agreement provides that "In the event the
Executive Director is terminated by CRA Board, the CRA Board agrees to pay the Executive
Director 20 weeks of the Executive Director's base salary for termination without cause;" and
WHEREAS, to avoid a future employment dispute over this 20 -week severance payment,
pursuant to Florida Statutes Sec. 215.425, the CRA is willing to pay Mr. Jackson, and Mr.
Jackson is willing to accept, the sum of $14,414.65, representing 6 weeks compensation.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. TERMINATION OF EMPLOYMENT AGREEMENT. The Employment
Agreement, and Mr. Jackson's last day as the Executive Director of the
Bayshore /Gateway Triangle Redevelopment Area, shall be terminated effective as of
5p.m. June 29, 2012.
2. SEVERANCE PAY. Within 10 business days from the date of this Termination
Agreement, Mr. Jackson shall receive the sum of $14,414.65, representing 6 weeks
compensation, together with any and all earned and accrued leave that Mr. Jackson is
currently entitled to. Mr. Jackson shall promptly submit a payment request for any
and all currently unpaid and due professional dues and subscriptions, travel and
subsistence expenses, and incidental expenses.
3. MUTUAL GENERAL RELEASE. To the extent authorized by Florida Law,
including Florida Statutes Sec. 215.425, in consideration of the mutual
relinquishment of their respective legal rights with reference to disputes and
differences each party expressly releases the other, and their heirs and legal
representatives, from all liability for all known and unknown claims and demands
arising out of the Employment Agreement and Mr. Jackson's role as the Executive
Director of the Bayshore /Gateway Triangle Redevelopment Area. In further
consideration of the foregoing, the parties also hereby release, acquit, satisfy, and
forever discharge each other, of and from all, and all manner of action and actions,
suits, debts, dues, sums of money, covenants, contracts, controversies, agreements,
promises, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which they ever had, now have, or which any personal representative,
successor, heir or assign of them, hereafter can, shall or may have, against each of
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6/26/2012 Item 14.13.1.
them, for, upon or by reason of any matter, cause or thing whatsoever, from the
beginning of the world to the day of these presents.
4. GENERAL PROVISIONS:
a. The provisions of this ' Termination Agreement constitute the entire
understanding between the parties with respect to the subject matter set forth
herein. This Termination Agreement may not be amended or modified except
in a written document signed by the parties, and no other representations or
understandings are binding on the CRA Board and the Executive Director
unless contained in a subsequent, duly adopted and executed written
amendment to this Termination Agreement.
b. This Termination Agreement shall be construed and administered in
accordance with Florida and any other applicable law. The sole and exclusive
venue for any litigation between the parties arising out of or related to this
Termination Agreement or any documents executed in connection with this
Termination Agreement shall be in the Circuit Court in and for Collier
County, Florida.
c. Should any provision of this Termination Agreement be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of
the Termination Agreement as a whole, or any part thereof, other than the part
declared to be valid.
d. This Termination Agreement shall become effective as of June 26, 2012.
e. The parties agree that they will execute any other documents as are necessary
to effectuate or carry out the intent of this Termination Agreement.
IN' WITNESS WHEREOF, the parties have caused this Termination Agreement to be
executed by their appropriate representatives, as of the date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
, Deputy Clerk DONNA FIALA, Chairman
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6/26/2012 Item 14.8.1.
WITNESSES: David L. Jackson, Executive Director
Collier County CRA Bayshore Gateway Triangle
r
4 �L% By: f�
Print Name•
Name: C?etigo °' //4Xtr
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow,
County Attorney
Page 4 of 4
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E40
6/26/2012 Item 14.6.1.
EMPLOYMENT AGREEMENT BETWEEN
DAVID L. JACKSON AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this 8th day of May, 2012, by and
between the Collier County Board of County Commissioners, in its capacity as the governing
body of the Collier County Community Redevelopment Agency (hereinafter referred to as the
"CRA "), and David L. Jackson (hereinafter referred to as the "Employee ").
RECITALS:
WHEREAS, on March 22, 2005, the parties entered into any Employment Agreement,
hiring Employee as the Executive Director of the Bayshore /Gateway Triangle Redevelopment
Area, retroactive to March 16, 2005; and
WHEREAS, on November 1, 2005, the parties entered into a revised Employment
Agreement (the "Agreement ") hiring the Employee to serve as the Executive Director of the
Collier CRA Bayshore Gateway Triangle, which Agreement provided for a term of employment
and other terms and conditions of employment; and
WHEREAS, the Agreement has previously been extended and amended on June 26,
2007, April 13, 2010 and on September 27, 2011; and
WHEREAS, the extension of the term of employment under the September 27, 2011,
amendment to the Agreement was mistakenly omitted; and
WHEREAS, the parties desire to modify and amend the Agreement in a single document
that assimilates all prior amendments to clarify their respective rights, expectations and duties
hereunder; and
WHEREAS, numbered paragraph 13 of the Agreement allows the parties to amend or
modify that agreement upon a duly adopted and executed amendment in writing.
NVITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. APPOINTMENT OF THE BAYSHORE /GATEWAY TRIANGLE
REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken
by the CRA Board at its meeting on March 22, 2005, David' L. Jackson was selected
to be the Executive Director of the Bayshore /Gateway Triangle Redevelopment Area
( "CRA "), retroactive to March 16, 2005.
Page 1 of 4
EXHIBIT--A-
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6/26/2012 Item 14.6.1.
2. CONTRACT REVIEW AND RENEWAL: Notwithstanding any provision to the
contrary herein, the term of this Agreement is extended for a period of four (4) years
commencing on September 30, 2011, and shall terminate effective September 30,
2015, unless this Agreement is amended, extended or renegotiated as provided herein.
DUTIES: The Executive Director shall perform the function and duties typical of a
person in the position of Executive Director for a Community Redevelopment
Agency as more fully described in the CRA Executive Director Job Description.
a. The Executive Director shall act as the Chief Administrative Officer of the
CRA reporting to and responsible to the CRA Board and be responsible for
the day -to -day implementation of CRA budget, projects, programs and
activities including CRA staff selection and supervision.
b. The Executive Director shall devote his full time efforts to the CRA and its
mission.
c. The Executive Director shall perform such other associated and legally
required duties and functions, as the CRA Board and CRA Advisory Board
shall direct.
d. The Executive Director agrees to perform all such functions and duties,
faithfully, competently, professionally and promptly to the best of Executive
Director's ability.
4. RESIGNATION: In the event the Executive Director voluntarily resigns his position
with the CRA Board, then the Executive Director shall give the CRA Board sixty (60)
days written notice in advance, unless the parties agree to waive such notice
requirement.
ANNUAL BASE SALARY: The Executive Director shall be paid for his services
rendered pursuant hereto at the annual rate of $124,927.00, payable in bi- weekly
installments on the same dates as professional employees of Collier County
Government are paid.
6. SEVERANCE TERMS AND CONDITIONS: In the event the Executive Director is
terminated by CRA Board, the CRA Board agrees to pay the Executive Director 20
weeks of the Executive Director's base salary for termination without cause.
PERFORMANCE EVALUATION AND MERIT PAY: Annually the CRA Board
agrees to review and evaluate the performance of the Executive Director one month
prior to the anniversary of this contract. The CRA Board shall provide the Executive
Director with a written summary statement of the findings of the Board and provide
adequate opportunity for the Executive Director to discuss his evaluation with the
CRA Board. Based upon said review and performance evaluation and at the
discretion of the CRA Board, the Executive Director may receive a merit pay bonus
check at a minimum of 3% to a maximum of 10% of base pay. The Executive
Director's annual base salary will be adjusted annually by the same cost of living
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6/26/2012 Item 14.6.1.
(COLA) rate for all County employees as determined by the Board of County
Commissioners.
BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit
package for the Executive Director equal to that which is currently provided to
professional personnel of Collier County Government.
SICK VACATION PERSONAL AND HOLIDAY LEAVE: The Executive
Director shall accrue sick leave at the same frequency and with the same carryover
and other limitations, if any, as currently provided to personnel under the Collier
County Manager's Agency Policies and Procedures. The Executive Director will
receive payout for all accrued but unused vacation time consistent with the County
Manager's Policies and Procedures regarding payment of benefits at separation.
10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the reasonable and
customary professional dues and subscriptions of the Executive Director necessary
for his continued professional participation, growth and advancement, including
national and state professional organizations.
11. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the reasonable and
customary travel and subsistence expenses (in accordance with applicable Florida
law), for the Executive Director and his staff's travel and attendance at any meetings
and conferences, which the CRA Board shall approve.
12. INCIDENTAL EXPENSES: The Executive Director shall receive an automobile
mileage reimbursement, payable at the end of each month consistent with the policies
followed by Collier County for its employees, a monthly cell phone allowance, and
reimbursement for such other business related expenses as may be approved by the
CRA Board from time to time.
13. GENERAL PROVISIONS:
a. The provisions of this Agreement constitute the entire understanding between
the parties. Only the representations and understandings contained herein
shall be binding upon the CRA Board and the Executive Director. No other
representations or understandings are binding on the CRA Board and the
Executive Director unless contained in a subsequent, duly adopted and
executed written Amendment to this Agreement.
b. This Agreement shall be construed and administered in accordance with
Florida and any other applicable law.
14. SEVERABILTIY: Should any provision of the Agreement be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
Agreement as a whole, or any part thereof, other than the part declared to be valid.
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6/26/2012 Item 14.13.1.
15. EFFECTIVE .DATE OF THIS AGREEMENT: This Agreement shall become
effective upon execution by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their appropriate representatives, as of the date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
Ws _
- --
Print Naive: - t ftrto
Print Name:
Ap roe d a d 1 al sufficiency:
Sc��o�tt R. Teach.
Deputy County Attorney
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
By: .v "�`�J 4
DO NA FIALA, Chairman
- Davtd-L;ackson. Executive Director
Collier County CRA Bayshoi e GatArav Triangle
i
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6/26/2012 Item 14.6.1.
West's F.S.A. § 215.425
West's Florida Statutes Annotated Currentness
Title XIV. Taxation and Finance (Chapters .192-221) (Refs &Annos)
SiMChapter 215. Financial Matters: General Provisions (Refs & Annos)
*215.425. Extra compensation claims prohibited; bonuses; severance pay
(1) No extra compensation shall be made to any officer, agent, employee, or contractor after the
service has been rendered or the contract made; nor shall any money be appropriated or paid on
any claim the subject matter of which has not been provided for by preexisting laws, unless such
compensation or claim is allowed by a law enacted by two- thirds of the members elected to each
house of the Legislature. However, when adopting salary schedules for a fiscal year, a district
school board or community college district board of trustees may apply the schedule for payment
of all services rendered subsequent to July 1 of that fiscal year.
(2) This section does not apply to:
(a) A bonus or severance pay that is paid wholly from nontax revenues and nonstate-
appropriated funds, the payment and receipt of which does not otherwise violate part III of
chapter 112, and which is paid to an officer, agent, employee, or contractor of a public hospital
that is operated by a county or a special district; or
(b) A clothing and maintenance allowance given to plainclothes deputies pursuant to s. 30.49.
(3) Any policy, ordinance, rule, or resolution designed to implement a bonus scheme must:
(a) Base the award of a bonus on work performance;
(b) Describe the performance standards and evaluation process by which a bonus will be
awarded;
(c) Notify all employees of the policy, ordinance, rule, or resolution before the beginning of the
evaluation period on which a bonus will be based; and
(d) Consider all employees for the bonus.
(4)(a) On or after July 1, 2011, a unit of government that enters into a contract or employment
agreement, or renewal or renegotiation of an existing contract or employment agreement, that
contains a provision for severance pay with an officer, agent, employee, or contractor 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.
2. A prohibition of provision of severance pay when the officer, agent, employee, or contractor
has been fired for misconduct, as defined in s. 443.03t5 30 _, by the unit of government.
(b), On or after July 1, 2011, an officer, agent, employee, or contractor may receive severance
pay that is not provided for in a contract or employment agreement if the severance pay
represents the settlement of an employment dispute. Such severance pay may not exceed an
amount greater than 6 weeks of compensation. The settlement may not include provisions that
limit the ability of any party to the settlement to discuss the dispute or settlement.
(c) This subsection does not create an entitlement to severance pay in the absence of its
authorization.
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6/26/2012 Item 14.13.1.
(d) As used in this subsection, the term "severance pay" means the actual or constructive
compensation, including salary, benefits, or perquisites, for employment services yet to be
rendered which is provided to an employee who has recently been or is about to be terminated.
The term does not include compensation for:
1. Earned and accrued annual, sick, compensatory, or administrative leave;
2. Early retirement under provisions established in an actuarially funded pension plan subject to
part VII of chapter 112; or
3. Any subsidy for the cost of a group insurance plan available to an employee upon normal or
disability retirement that is by policy available to all employees of the unit of government
pursuant to the unit's health insurance plan. This subparagraph may not be construed to limit
the ability of a unit of government to reduce or eliminate such subsidies.
(5) Any agreement or contract, executed on or after July 1, 2011, which involves extra
compensation between a unit of government and an officer, agent, employee, or contractor may
not include provisions that limit the ability of any party to the agreement or contract to discuss
the agreement or contract.
CREDITS)
Laws 1979, c. 79 -190, § 27; Laws 1980, c, 80 -114, § 1; Laws 1984, c. 84 -336, § 35. Amended
by Laws 1992,_c. 92 -90, 3, eff. April 8, 1992; Laws 1992 c._9_2 -279L _$3, eff. July 1, 1992,
Laws_1992, c. -92 -326 q_55, Lawn 1995, -c. 95 -1£+9, A 2, ,eff, Oct: 1_ 1995; LaW5 X998, -c. 98 -320,
5. eff. MU 30, 1998; Laws 3999 c 99- 259= _8, eff. June 8. 1999; Laws 2011, c. 2011 -143
1, eff. July 1, 2011; Laws 2012, c. 2012 -5,� 24, eff. Mav 8, 2012.
HISTORICAL AND STATUTORY NOTES
Amendment Notes:
This section, which was formerly Const.1885, Art. 16, § 11, as amended, was converted to
statutory law by Const.1968. Art. 12, � 10.
Laws 1979, c. 79 -190, added the second sentence, now the third sentence.
Laws 1980, c. 80 -114, § 1, interpolated the second sentence.
Laws 1984, c. 84 -336, § 35, inserted in the second sentence "or community college district
board of trustees ".
Laws 1992, c. 92 -90, § 3, eff. April 8, 1992, added the provision making the section inapplicable
to extra compensation given to county or municipal employees.
Laws 1992, c. 92 -279, § 83, eff. July 1, 1992, substituted "Department of Management Services"
for "Department of Administration ".
Laws 1992, c. 92 -326, § 55, amended § 339 of Laws 1992, c. 92 -279, by changing the general
effective date of the act from Jan. 1, 1993, to July 1, 1992 ( §§ 322 to 325 and 339 took effect
upon the act becoming a law).
Laws 1995, c. 95 -169, § 2, eff. Oct. 1, 1995, substituted "a law enacted" for "bill passed" in the
first sentence, substituted a semicolon for a period at the end of the former third sentence,
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