Agenda 12/11/2012 Item #10 GG0A,L1 I
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Board of Collier County Commissioners
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Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle
District 1 District 2 District 3 District 4
MEMORANDUM
Date: November 102012
To: County Manager Ochs
From: Commissioner Henning, District 3
Re: Reconsideration to extend. contract with the Airport Director
Please place on the December 11* BCC agenda
12/11/2012 Item 10.G.
Jim Coletta
District 5
16K -2 from the November 13'h meeting
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.
And
14
A -3 from the October 23`d meeting
Recommendation that the Board of County Commissioners, in its capacity as the governing
body of the Collier County Airport Authority, indicates its intent to extend the Airport
Authority Executive Director's Employment Agreement with Thomas C. Curry, fixing the
end date of the first extension term as September 30, 2015, and amending the Agreement to
comport with Ch. 2011 -143, Florida Statutes.
3299 Tamiami Trail East, Suite 303 - Naples, Florida 34112 - 5746.239- 252-8097 - FAX 239 - 252 -3602
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12/11/2012 Item 10.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.G.
Item Summary: Request for reconsideration by Commissioner Henning of Item 14A3 from
the October 23, 2012 BCC meeting titled: Recommendation that the Board of County
Commissioners, in its capacity as the governing body of the Collier County Airport Authority,
indicates its intent to extend the Airport Authority Executive Director "s Employment
Agreement with Thomas C. Curry, fixing the end date of the first extension term as September
30, 2012, and amending the Agreement to comport with Ch. 2011 -143, Florida Statutes.
Meeting Date: 12/11/2012
Prepared By
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/29/2012 9:11:42 AM
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1 12/11/2012 Item 10_G.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, in its capacity as the governing body of
the Collier County Airport Authority, indicates its intent to extend the Airport Authority Executive
Director's Employment Agreement with Thomas C. Curry, fixing the end date of the first extension
term as September 30, 2015, and amending the Agreement to comport with Ch. 2011 -143, Florida
Statutes.
OBJECTIVE: That the Board of County Commissioners indicates its intent to extend the Airport
Authority Executive Director's Employment Agreement with Thomas C. Curry, and fix the end date of
the first extension term as September 30, 2015.
CONSIDERATIONS: On September 15, 201.0, 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.
Section 2. B and C of the Agreement are set forth below:
Section 2: Term
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 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 Authority and 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 grant 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 term, 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 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.
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.
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1x12/11/2012 Item 10.G.
The proposed Extension of County Manager Employment Agreement fixes the end date of the first
extension term as September 30, 2015, and amends the Employment Agreement to comport with Ch.
2011 -143, Florida Statutes.
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 reviewed by the County Attorney. Under the terms
of his agreement, Mr. Curry's request is untimely, as the agreement provides that this extension request
be considered by the Board prior to September 3e. An agreed upon time for performance in a contract
can be waived by the parties. Accordingly, if the Board wishes to extend the Airport Authority Executive
Director's Employment Agreement, the County Attorney requests that any motion to do so include a
waiver of this September 306' deadline. With that said, 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, advises the Airport Authority Executive Director of its
intent to extend the Airport Authority Executive Director's Employment Agreement, fixing the end date
of the first extension term as September 30, 2015, and amending the Agreement to comport with Ch.
2011 -143, Florida Statutes.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
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1 12/11 /2012 Item 10.G.
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AGREEMENT is matte and en=W into this I S& day of September, 2010, by and
between the Collier County Board of County Conn iasianets, in their capacity as the governing
body of the Collier County Airport Authority (hereinafter referred to as the "Authority ".), and
Thomas C. Curry ( heranafter referred to as the "Employee").
WTTNESSETH:
WHEREAS, the Authority desires to 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 evrtain
conditions of employment, and to set working conditions for this position; and
WHEREAS, Thomas C. Curry desires to accept employment as the Executive Director of
the Collier County Airport Authority.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SSgrjjon 1. Role and Duties The role and ditties 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 so 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:
(l) Be responsible for the administration, management and operation of the
airports and airport facilities.
(2) Formulate and prepare u=mmendations 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 Board.
(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 AuthoriWs
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Administrative Code. The Executive, Ditnccor shall 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.
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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 outer 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 and 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 grant the
extension of the term of this Agreement on (1) the Employee's performance and (2)
the Employee's ability do successfully achieve goals mutually developed and agreed
to by the Employee and the Authority. Notwithstanding the foregoing, the end date
of the first extension term, 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 intent
to renegotiate the Agreement or to allow the Agreement to expire without
renegotiation. In the event the Authority's notim 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 upoa 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. 5ulymion
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. Mier a public hearing, a majority of the Authority votes to suspend Employee i'or
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
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misconduct or willful failure or disregard of Employee's duties under this
Employment Agreementt
Section 4: Termination and Severance 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 Agtretnen4 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 sum cash payment within tear (10) working days after the effective date of
termination, an amount equal to three (3) months of Employee's annual base salary and benefits at
the rate effective on the date of termination, less any normally required 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.
do 5: Resignation
In the event Employee voluntarily resigns his position with the Authority before expiration
of his employment, there Employee shall give the Audwrity thirty (30) days advance written notice.
if Employee voluntarily resigns, providing Employer with less than thirty (30) days notice,
Employee shall forfeit any payment for accrued leave otherwise due and owing.
Section 6: Disabilit y
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 accreted leave, the Authority shall have the option to terminate; this Agreement, subject
to the severance pay requirenenta 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 bi- weekly installments.
B. The Authority and Employee shall 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 measurable goals and objectives to be
completed or attained by the Employee during each fiscal year of this Agreement.
Any annual performance -based merit adjustment !shall not exceed a maximum of
ten pe:mcnt (10%) of the Employee's annual base salary.
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C. On the date that general wage adjustments (i.e., cost of living adjustments, special
study pay adjustments, etc.) am grartted gcnendly to Collier County employees,
Employee's but 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 -based 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 cub October l st thereafter for the term of this Agreement. An updated
performance merit system for Employee will be developed in good faith between the Authority
and Employee and adopted by the Authority prior to October 1st of each fiscal year for
implementation in the next fiscal year.
SZti2n 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 racy be trade available ftom 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 deemed authorized by the Authority as its agent, except that any act which constitutes
willful misconduct or which may be unla%IW shall be deemed to be an individual act of the
Employee without authority of the Authority or the County.
Scctign 10: Outsidc Activities
The Employee agrees to remain in the exclusivo employ of the Authoriry while employed
by the Authority.
Section 11; Automobile and Cellular Phone
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.
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Section 12• Compnkcagrve Benefit Emma.
The Authority agrees to provide the comprehensive benefit package to the Employee which
is cumently provided to Director level personnel of Collier County Government, including
relocation reimbursement up to one month's salary upon presentation of expense receipts.
Employee shall also be eligible for up to 53,000 in cash match to an eligible 457 deferred
retirement plan.
SeWon 13: Vacation. Holiday and Sick leave
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 same manner as
currently provided to Director level pemmnel of Collier County Government
Section 14• Profcssional Dues and Subscii2fions
The Authority agrees to pay for the reasonable and customary professional dues and
subscriptions of Employee neeeuary for his continued professional development, including
pertinent national, regional, state, and local associations and organizations.
Section I5: Professional De -clo
The Authority agrees to pay for the 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.
SgWgn 16• Indemnificatign
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 costs 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.
SSI;t2n 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 Terms and Conditions 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 sot inconsistent with or in conflict with the provisions of
this Agreement or any other law.
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Section 19: Notices
Notices pursuant to this Agreement shall be mi writing, transmitted by personal service or
by deposit in the custody of the United Son Postal Service, postage prepaid addressed as
follows:
(1) AUTHORITY: Collier county Airport Authority
Board of County Commissioners
Collier County Government Center
3301 East Tamiami Tmil
Naples, Florida 34112
(2) EMPLOYEE: Thomas C. Curry
Notices shall be deemed effective upon delivery or receipt.
A. The text herein shall constitute the entire age+ meet 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 contract and neither this Agreement nor
Employee's obligations under this Agreement an 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.
E. This Agreement shall be deemed to have been made in Collier County, and shall be
governed by and construed corder 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 representatives. If then efforts are not successful,
either party may then file an action in the Circuit Court of Collier County, which
shall be the exclusive venue with respect to any disputes arising out of this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Authority has caused this Agrecment to be signed and
executed on its behalf by its Chairman. and duly amcgtod by its Clerk to the Board, and the
Employee has signed and eseaumd this Awezment; both in duplicate, the month, date and year
first above writtaL
Attest:
DWIGHT FL T3ROCK, Clerk
WITNESSES:
Print Name:
Print Name:
legal
as to foam and
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT A ORriY
FRED W. COYLT:, CHA
EMPLOYEE
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