Backup Documents 11/13/2012 Item #12AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 2A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original,
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell pine #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
Authority
(Initial)
Applicable)
2.
10123q2
Agenda Item Number
14 -A -3 'F
3.
Amendmen ratified 11/13/12 tem 12 -A)
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
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Pee
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
\-23j
� � � 2A1 12
6. Minutes and Records
Clerk of Court's Office .
-- m i�6t Ory sk re,
1� W a,
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Chris Curry, Executive Director, Airport
Phone Number
642 -7878 X35
Contact
Authority
(Initial)
Applicable)
Agenda Date Item was
10123q2
Agenda Item Number
14 -A -3 'F
Approved by the BCC
Amendmen ratified 11/13/12 tem 12 -A)
Type of Document
Extension and Amendment to Employment
Number of Original
Pee
Attached
Agreement
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.
08- MGR - 00132/33
9
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 11/13/12 and all changes made during
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the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.
08- MGR - 00132/33
9
12
EXTENSION AND AMENDMENT OF THE
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS EXTENSION AND AMENDMENT OF THE AIRPORT AUTHORITY EXECUTIVE
DIRECTOR'S AGREEMENT ( "Extension ") is made and entered into this day of
2012, 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 in relevant part that "On or before September 30th of
the year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Authority and the Employee;" 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 comport with Ch.
2011 -143, Florida Statutes, and to extend the term of the Agreement to September 30, 2015, in the
manner set forth below.
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
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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, 2015.
3. Section 7 of the Agreement is hereby amended to the extent that commencing
October 23, 2012, Employee's annual base salary shall be $135,200, payable in bi- weekly
installments, reflecting the 4% increase awarded by the Board at its October 23, 2012 regular
meeting.
4. Section 4 of the Agreement is hereby amended as follows:
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 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 sum cash payment
within ten (10) working days after the effective date of termination, an amount equal
to thfee (3) "' 20 weeks 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.
5. 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.
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12A '
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.
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:
DWIGHT E °:; BR k "Clerk
131y:WTh"
. S x
J UM IT TA 71
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WITNESSES
(- 1: �' � 0 e- � Q, /" e- 1-, 4 -
Print ame:
Print Name: V2
Approv�d a f form
i
and le ncv
Jeffrey
County
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By.
FRED W. COYLE,
EMPLOYEE
By: J "(2 "
THOMAS C. CURRY di
3
12A
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 15''' day of September, 2010, by and
between the Collier County Board of County Commissioners, 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 to as the "Employee ").
WITNESSETH:
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 certain
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:
Section 1. Role and Duties The role and duties 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;
(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 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 Authority's
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Administrative Code. The Executive Director 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.
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 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.
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 ten (10) days prior to such hearing by the
Authority's members bringing such charges. lust cause shall include only willful
Page 2 of 7
misconduct or willful failure or disregard of Employee's duties under this
Employment Agreement.
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 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 sum cash payment within ten (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.
Section 5: Resig an tion
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.
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: 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 requirements of Section 4.
Section 7: alary
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 (M) 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 percent (10 %) of the Employee's annual base salary.
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1-2 A "
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 -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 each October 1st 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 lst 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- tithe,
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 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 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 ($500) 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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2A _'
Section 12: Comprehensivg Benefit Package.
The Authority agrees to provide the comprehensive benefit package to the Employee which
is currently 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 $3,000 in cash match to an eligible 457 deferred
retirement plan.
Section 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 personnel of Collier County Government.
Section 14: Professional Dues and Subscriptions
The Authority agrees to pay for the reasonable and customary professional dues and
subscriptions of Employee necessary for his continued professional development, including
pertinent national, regional, state, and local associations and organizations.
Section 15: Professional Deymiopment
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 staffs travel and attendance at any
meetings and conferences, which the Authority shall approve in advance.
Section 14: lndemnificatigri
Tn 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.
SgiIion 17; 12onding
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 gf 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.
Page 3 of 7
e
WIN
Section 19: 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) 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 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 Employee.
C. This Agreement is a personal services contract and neither this Agreement nor
Employee'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.
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 representatives. If these 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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z�-
IN WITNESS WHEREOF, the Authority 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
Employee has signed and executed this Agreement, both in duplicate, the month, date and year
first above written.
Attest:
DWIGHT E. BROCK, Clerk
By:
�y Clerk
Att#ft b two iii! s
I*atnrs 044.
WITNESSES:
Print Name:
Print Name:
Approved as t form and
legal u i y;
Jeffre
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AU IORITY
By: �
FRED W. COYLE, CHA N
EMPLOYEE
att-
THOMAS C. CURRY
r
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