Agenda 06/23/2009 Item #14B
Agenda Item No. 148
June 23, 2009
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and
authorize its Chairman to execute the attached First Amendment to the
Collier County Airport Authority's Executive Director's Employment
Agreement, extending the agreement for three (3) years starting on
October 1, 2009 and providing a salary and benefit adjustment in the
amount of $11,905.
OBJECTIVE: That the Board of County Commissioners approve and authorize its
Chairman to execute the attached First Amendment to the Collier County Airport
Authority's ("Authority") Executive Director's Employment Agreement, extending
the agreement for three (3) years starting on October 1, 2009 and providing a
salary and benefit adjustment in the amount of $11 ,905.
CONSIDERATIONS: The Executive Director's original agreement dated
December 15, 2004 is currently scheduled to expire on September 30, 2009. The
Airport Authority recommends that the Executive Director's Employment
Agreement be extended for three years beginning October 1, 2009. The
Agreement shall be subject to three one-year renewals following this extension.
,-,
The amendment provides that the Authority shall pay the Executive Director an
annual salary of $119,109, payable in bi-weekly installments.
Annual performance adjustments based on merit shall be paid as a lump sum, and
shall not exceed a maximum of seven percent (7%) of the Executive Director's
annual base salary. The minimum increase for satisfactory performance shall
equal the average percentage salary adjustment provided to all County employees
for the given fiscal year or three percent (3%) whichever is greater.
The Executive Director's base salary shall be modified to reflect general wage
adjustments (Le., cost of living adjustments, special study pay adjustments, etc.)
on the date that general wage adjustments are granted to Collier County
employees.
The amendment further clarifies that the Executive Director shall be assigned a
Collier County vehicle rather than identifying a specific type of vehicle.
FISCAL IMPACT: The FY 2010 impact to Personnel Services will be an increase
of $11,905 for salary and fringes, but a corresponding decrease in operating
expenses will be made to offset this.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
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Agenda Item No. 148
June 23, 2009
Page 2 of 13
LEGAL CONSIDERATIONS: The proposed Amendment is legally sufficient and
ready for Board action. This is a regular item requiring simple majority vote. -
CMG
RECOMMENDATION: That the Board of County Commissioners approve and
authorize its Chairman to execute the attached First Amendment to the Airport
Authority's Executive Director's Employment Agreement, extending the
agreement for three (3) years starting on October 1, 2009 and providing a
salary and benefit adjustment in the amount of $11 ,905.
Prepared by: Theresa Cook, Executive Director, Airport Authority
Page I of I
Agenda Item No. 14B
June 23. 2009
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
146
Recommendation that the Board of County Commissioners approves and authorizes its
Chairman to execute the attached First Amendment to the Collier County Airport Authoritys
Executive Directors Employment Agreement. extending the agreement for three (3) years
starting on October 1, 2009 and providing a salary adjustment.
Meeting Date: 6/23/2009 90000 AM
Prepared By
Theresa M. Cook Executive Director Date
County Manager's Office Airport Authority 6f9f2009 3:35:23 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 6f10/2009 2:44 PM
Approved By
Theresa M. Cook Executive Director Date
County Manager's Office Airport Authority 6f10/2009 4:43 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 6f11f2009 5:06 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 6/12/20098:31 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 6/15f2009 3:41 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 6/16f2009 1 :43 PM
Commissioners
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Agenda Item No. 148
June 23, 2009
Page 4 of 13
FIRST AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
This First Amendment ("Amendment") to the Collier County Airport Authority Executive
Director's Agreement is made this day of . 2009, by and
between Theresa Cook ("Executive Director") and Collier County, Florida ("County").
WHEREAS, by Agreement dated December 15, 2004, the parties entered into a Collier County
Airport Authority Executive Director's Agreement ("Agreement"), a copy of which is
incorporated herein by reference; and
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
Words that are underlined have been added; works that are st:nlek through have been deleted.
Section 2. Initial Term of Executive Director's Employment, is amended as follows:
C. 1bis AlZreement is hereby extended for three years startinlZ on October 1. 2009. This
Agreement shall be subiect to three one-vear renewals following this extension. The renewal
must be recommended by the Airport Authority and approved by the Board of County
Commissioners prior to July 1 S1 of each contract veal.
Section 3. Execntive Director's Salary is amended as follows:
Auth0fity BRall pay the Exeeati'.'e Dir-eetef a startmg EmHHal ease salary Elf $g9,S9g, payable
bi'Jleekly. Authority shall pay the Executive Director an annual salary of$119.103.00 payable in
bi-weekly installments.
Section 4. Adjustments to Executive Director's Annual Salary is amended as follows:
In the month of Af** December of each year, Authority shall conduct an annual performance
evaluation of the Executive Director and recommend to the Board of County Commissioners
increases to the then current base salary based on the respective annual employment performance
evaluation. Such annual performance based merit adiustment shall not exceed a maximum of
seven percent (7%) of the Executive Director's annual base salary. The minimum increase for
satisfactory performance under such performance based merit svstem will equal the average
percentalZe salary adiustment provided to all County emplovees for the given fiscal vear or three
percent (3%) whichever is greater. All such merit adiustments shall be paid as a lump sum.
(This is to coincide with the Authority's budget being transmitted to the County Manager not
later than May I, or otherwise in accord with the County's general budget policy or general law,
whichever date is earliest). The salary increases shall become effective on October I of each year
(the starting date of the County's Fiscal Year); and shall be inoreased by the then SHrres! BaGe
salary plus Ii CPI U inerease, or larger salary inerease af'J13TOvea 'by a majerity ','ote ()f tAe .\il'flElrt
.^.utR0rity aad funded by the Board of CeHnty Commissioners in the Authority's budgot,
'.'.'RisR8ver donar ameURt is greater for t:he relsfleletive fisoal year.
Page 1 of 3
Agenda Item No. 14B
June 23. 2009
Page 5 of 13
On the date that g;eneral wag;e adiustments (i.e.. cost of livin~ adiustments. special study pay
adjustments. etc.) are granted generally to Collier Countv employees. Executive Director's base
salary shall be modified to reflect the I.!:eneral wage adiustment e:ranted to other County
emoloyees.
Section 5. Executive Director~s Employment Benefits is amended as follows:
C. The Executive Director shall be assigned a Collier County vehicle. whieh &hall be a mid
Gizea sedliH. The vehicle shall be furnished as a Class A assignment pursuant to CMA #5204 D.
1. (c) (1) and shall be utilized as authorized by the County Centralized Fleet Management
System.
Except as specifically set forth herein, all other terms and conditions of the Agreement remain in
full force and effect.
IN WITNESS WHEREOF~ the parties have executed this First Amendment to the Agreement
as of the date first written above.
EXECUTIVE DIRECTOR:
TWO WITNESSES:
Theresa Cook
By:
FIRST WITNESS
Theresa Cook
Type/Print Name
SECOND WITNESS
Type/Print Name
Date:
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
ATTEST:
DWIGHT E. BROCK
CLERK OF COURTS
By
Dated
BY:
(SEAL)
Donna Fiala, Chairman
Page 2 of 3
Agenda Item No. 148
June 23, 2009
Page 6 of 13
proved As To Form and Legal Sufficiency:
sistant County Attorney
Print Name: ColkYn m. Greene...
09-AP A-00064J3
Page 3 of 3
Agenda Item No. 148
June 23,2009
Page 7 of 13
COLLIER CO{)NTY AIRPORT AlJTHORJTY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEME~l
The Collier County Airport Authority (the "Authority"), a dependent Authority of Collier
County (the "County"), and Theresa M. Cook (the "Executive Director") enter into this
Agreement effective on the 15th day of December, 2004.
The Executive Director, the Authority, and the County agree as follows:
Section 1. Duties of Executive Director:
The Executive Director is hereby employed in the position of "Executive Director" of the
Coilier County Airport Authority. The Executive Director shall remain as the Chief
Executive Officer of the /\uthority and shall continue to perform her duties as spelled out
in County Ordinance :Jo. 2004-03 and/or the Authority's Administrative Code, as such
Ordinance and/or Code now exist or may hereafter be amended.
Section 2. Initial Term of Executive Director's Emplovment:
A. The Executive Director's employment start date shall be the 15th day of
December, 2004 and, unless this initial term of employment is extended (by
amendment to this Agreement), the Executive Director's employment shall cease on
the 30th day of September, 2009.
B. This Section 2 shall not affect the Authority's power to terminate the Executive
Director's employment, subject to Section 6, below.
Section 3. Executive Director's Salarv:
Authority shall pay the Executive Director a starting annual base salary of $89,500,
payable biweekly.
Section 4. Adjustments to Executive Director's Annual Salarv:
In the month of April of each year, Authority shall conduct an annual performance
evaluation of the Executive Director and recommend to the Board of County
Commissioners increases to the then current base salary based on the respective annual
employment performance evaluation. (This is to coincide with the Authority's budget
being transmItted to the County Manager not later than May 1, or otherwise in accord
with the County's general budget policy or general law, whichever date is earliest). The
salary increases shall become effective on October 1 of each year (the starting date of the
County's Fiscal Year), and shall be increased by applying the then current CPI-U
increase to the Employee's then current base salary, or larger salary increase approved by
a majority vote of the Airport Authority and funded by the Board of County
Commissioners in the Authority's budget, whichever salary increase dollar amount is
greater for the respective fiscal year.
Agenda Item No. 148
June 23. 2009
Page 8 of 13
Section 5. Executive Director's Emplovment Benefits:
A. The Executive Director shall be entitled to receive the same vacation, sick leave
benefits, health insurance, and life insurance, as are then accorded generally to Collier
County employees in her pay range, including the provisions governing accrual and
payment of vacation crpon termination of employment, except that three week
vacation shall begin in the first year.
B. All provisions of law and regulations and rules of County relating to vacation and
sick leave, holidays, and other fringe benefits, and working conditions, as they now
exist or may hereafter be amended, shall also apply to the Executive Director in the
manner that such benefits apply generally to other similarly situated employees of
County, in addition to the additional benefits, if any, specifically in this Agreement,
as may be amended from time-lo-time.
C. The Executive Director shall be assigned a vehicle which shall be a mld-sized
sedan. The vehicle shall be furnished as a Class A assignment pursuant to ClvIA.
#5204 D. 1. (c) (1) and shall be utilized as authorized by the County Centralized Fleet
Management System.
Section 6. Termination of Emplovment: Notice to Executive Director:
A. The Executive Director is not an "at will" employee. Any term or condition of
this agreement to the contrary notwithstanding, Authority may summarily terminate
the Executive Director's employmcnt during the stated term of this Agreement only
as follows:
(1) In the event that after execution of this agreement the Executive Director
is convicted of a felony or misdemeanor.
(2) Except as set forth in Subsection 6(a)(1), immediatcly above, in the event
Authority desires to terminate the Executive Directors' employment for good
cause (such as gross insubordination, failure to follow direct instructions from the
Authority, excessive tardiness or excessive unexcused absenteeism), Authority
may do so only in the following manner;
(a). A Resolution of the Authority's intent La terminate the Executive Director's
employment shall be adopted at a regular Authority meeting by an affirmative
vote of at least five (5) members of the Authority after said Resolution has been
placed on the agenda of such meeting.
(b). Upon adoption of such Resolution of intent to terminate the Executive
Director's employment, the Authority may consider the adoption of a Resolution
terminating her employment at a regularly scheduled meeting of the Authority not
less than fourtcen (14) calendar days thereafter. The Resolution terminating her
employment shall require an affirmative vote of at least five (5) members of the
Authority.
2
Agenda Item No. 148
June 23, 2009
Page 9 of 13
(c). The adoption of a Resolution terminating the Executive Director's
employment shall constitute a ninety (90) day notice to the Executive Director,
and, upon the expiration of the ninety (90) day notice time frame, the termination
of employment shall become effective. As an alternative to the ninety (90) day
notice, the Authority. in its discretion, may immediately terminate the Executive
Director's employment, subject to the payment of all salary for the ninety (90)
day period that would otherwise be due as if she had worked throughout that
period.
B. The Executive Director may resign her employment only if her ill health or other
serious unforeseen circumstance that are beyond her control make it a practical
impossibility for her to adequately thereafter perform her duties. In the event the
Executive Director resigns her employment with the Authority, to the greatest extent
possible, she shall give the Authority not less than sixty (60) days advance written
notice except to the extent, if any, that the time frame is waived by the Authority or
unless agreed between the Authority and the Executive Director.
C. In the event that the Executive Director resigns her employment, "suspension" by
the Authority "with pay" after such resignation shall not be considered discipline
under any Authority or County Ordinance, rule, regulation, or otherwise.
D. In the event of termination or resignation, Authority shall pay the Executive
Director all money due the Executive Director not later than thirty (30) calendar days
after the effective date of the termination of employment, including accrued vacation
benefits.
Section 7. Pavrnent of Executive Director's Expenses:
A. The parties hereto agree that it is in the interest of the Authority and the County
that the Executive Director participate in professional organizations that add to her
professional development regarding the Authority. Therefore, Authority shall
recommend to the Board of County Commissioners that the Board annually budget
the Executive Direclor's dues and subscriptions to fully participate in the following
professional organizations togelher with such additional organizations as may, from
time to time, be specifically approved during the budgetary process or otherwise, by
the Authority:
1) American Association of Airport Executives (AAAE)
2) Florida Airports Council (F AC)
B. Authority agrees to budget and pay the travel and the subsistence expense of the
Executive Director for professional and official travel outside of Collier County as
authorized by law.
3
Agenda Item No. 148
June 23. 2009
Page 10 of 13
C. All of the Executive Director's out-of-state travel not specifically budgeted as
provided for herein must be pre-approved by the Authority. Reimbursement for out-
of-county travel shall be in the sums of money as provided by Florida Statutes.
D. The Executive Director's relocation expenses shall be paid in accordance with
CMA #5346, Relocation Expenses.
Section 8. General Provisions:
A. The Authority shaJJ fix any such other terms and conditions of employment, as it
may determine from time-to-time, relating to the performance of the Executive
Director, provided such terms and conditions are not inconsistent with, nor in connict
with, the provisions of this Agreement, nor with County Ordinances, the Authority
rules, and other applicable Jaws.
B. The text of this Agreement constitutes the entire agreement between the parties.
This agreement is subject to approval by the Board of County Commissioners and
being si gned by its Chainnan.
C. This Agreement shall be binding upon and inure to the benefit of the heirs,
beneficiaries and personal representatives of the Executive Director.
D. This Agreement is a personal services contract. The Executive Director shall not
asslgn (or otherwise transfer) any of her duties or obligations under this Agreement.
Any such transfer must be expressly authorized in advance by adoption of a
Resolution of the Authority.
E. If any provision, or part of any provision, in this Agreement is held by a Court of
Law to be unconstitutional, invalid, or unenforceable, the remainder of the
Agreement, and portions thereof, shall be deemed Severable and shall not be affect
the remainder of this Agreement, and shaH remain in full force and effect.
A TrEST:
COLLIER COT..J2d:N; AIRPORT AUTHORITY
/ / L (; /~~
By: /~ ~,.-:~::~..~..d:~- L:---
Robert E. Doyle, Jr., Cdi~
WITNESSES: /
LUfA fJAI',,___ ..6~
First Witness
lUin011/A S-f9n~
Print Name
~.~
e nd \-Vitness
3Mb I bob ,^) 9
Print Name
4
WITNESSES:
't )!AJOll Q ) ~
First Witness
LeX v'l0I) ~ ~ iDYve.
Print Name
~.(b' /!J~
e nd Witness
Ju ~, Oi1~II\JZ?
Print Name
ATTEST:
DWIGHT E.,BROGK Clerk
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Y'~~<-:,,"~_~,.,;f.'~"'i:rr.;':.' -
::~. ~p~ty'Clerk:::;.o . -; :
Attut *"~' -~~;~,;
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Approved asto..toI:m' and
legal sufficiency:
-TV~ r~
Thomas C. Palmer,
Assistant County Attorney
By:~Q
RESA M. COOK
Agenda Item No. 14B
June 23, 2009
Page 11 of 13
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
(/L~L' d~
DON 'A FIALA, Chairman
By:
5
October 01,2008
Agenda Item No. 148
June 23, 2009
Page 12 of 13
Co~r Cou.nty
~~ -
SUMMARY OF PAY ADJUSTMENT
for Changes Effective 10/01/08
The information below indicates changes affecting your compensation for FY2009. The cost of living
adjustment (COLA) will be reflected in your paycheck of 10/17/08.
Your increase to your annual base salary is $4.390.99.
Be/ow are the details of the actions taken on your behalf.
Employee Name:
Authority
Employee No.:
Cost Center:
Theresa Cook
Title:
Executive Director - Airport
4582
192310
Grade:
Division:
GRD34
CMO
Beginning Annual Salary:
$104,547.35
+4.2% Cost-of-Living Adjustment
(*may be limited by the maximum of the pay range)
+4390.9887 *
= New Annual Salary:
$108,938.34
= New Bi-Weekly Salary
$4,189.94
Salary Range:
Minimum
Marketpoint
Maximum
Match Point
$107,193.00
$119,103.00
$148,879.00
$107,193.00
REMINDER: When your salary meets or exceeds the "Match Point" of your salary range, you will be
eligible for a match to your Deferred Compensation Account.
Risk Management has indicated that health insurance premiums for employees and the structure of
the health plan will change effective January 1, 2009. Risk Management will schedule open
enrollment meetings beginning in October 2008 for employees to learn more about the new health
plan for 2009. Please be sure to bring your enrollment package and questions with you. More
communications will be provided by Risk Management shortly. Employee dental insurance
premiums will not increase.
If you have benefits questions, call Risk Management at 252-8461; for Compensation
questions call 252-8715 or 252-8487.
Agenda Item No. 148
June 23, 2009
Page130f13
RESOLUTION NO. 09-35
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY
RECOMMENDING THA T THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVE THE A TT ACHED FIRST ADMENDMENT TO THE
AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR'S EMPLOYMENT
AGREEMENT, EXTENDING THE AGREEMENT FOR THREE (3) YEARS
STARTING ON OCTOBER 1,2009
WHEREAS, the Collier County Airport Authority recommends that the Collier
County Board of County Commissioners approve the attached First Amendment to the
Executive Director's Employment Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER
COUNTY AIRPORT AUTHORITY, that the Authority recommends that the Collier
County Board of County Commissioners approve the attached First Amendment to the
Authority's Executive Director's Employment Agreement, extending the Agreement for three
(3) years starting on October 1,2009.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier
County Airport Authority this 8th day of June 2009.
ATTEST:
Byron Me'
~~
.~. Cook, Executive Director
Approved as to form and legal sufficiency
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Colleen Greene
Assistant County Attorney
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l': \Administralion~4A BoardlResolutions\Res ()9-35 Amend to Execulive Director's Contracl.docx