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Backup Documents 09/14/2010 Item #16K 516K 5 MEMORANDUM Date: September 23, 2010 To: Amy Lyberg, Director Human Resources Director From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Collier County Airport Authority Executive Director's Employment Agreement Attached please find one (1) certified copy of the document referenced above, (Item #16K5) approved by the Board of County Commissioners on Wednesday, September 14, 2010. If you should have any questions, please call me at 252 -7240. Thank you. 16K 5 COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 15'h 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 Page 1 of 7 16K 5 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. Just cause shall include only willful Page 2 of 7 16K misconduct or willful failure or disregard of Employee's duties under this Employment Agreement. Section 4: Termination and Severance Pav 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: Resi nation 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: 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 percent (10 %) of the Employee's annual base salary. Page 3 of 7 16K 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 1st 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 -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 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. Page 4 of 7 16K Section 12: Comprehensive 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 Development 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 16: Indemnification 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. Section 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 not inconsistent with or in conflict with the provisions of this Agreement or any other law. Page 5 of 7 16K 5 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 Page 6 of 7 16K 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,.Clerk OF COLLIER COUNTY, FLORIDA, serving as the COLLIER COUNTY AIRPORT AUTHORITY By' Attest at t0 OW By mid o t Clerk FRED W. COYLE, iy f 1leat * ahjj. WITNESSES: EMPLOYEE Print Name: Print Name: Approved as tq form and legal luf#riedy: By: ,X2o '.. THOMAS C. CURRY Page 7 of 7 5