Agenda 03/28/2017 Item #16K1003/28/2017
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners reviews and approves the proposed 2-
year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
_____________________________________________________________________________________
OBJECTIVE: Recommendation that the Board of County Commissioners reviews and approves the
proposed 2-year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
CONSIDERATIONS: The Hearing Examiner reports directly to the Board of County Commissioners.
The Hearing Examiner's Agreement may be extended for two years as provided for in the Agreement.
Attached to this Executive Summary is the Hearing Examiner’s existing Agreement. The intent is to
renew this Agreement for two years under the same terms and conditions as the original agreement. This
will be the second extension to the Agreement. No change in original terms or conditions is proposed
except for this extension. The Agreement will be extended to September 30, 2019.
Since October 2013, the Hearing Examiner has resolved 141 land use actions. Prior to creating the
Hearing Examiner’s office, these land use actions would have required 210 hearings before the Planning
Commission and/or the Board of County Commissioners. In addition, the Hearing Examiner has
provided three recommendation reports to the Board, as a result of special hearings that were held at
Board direction.
FISCAL IMPACT: Salary and benefits as set forth in the attached agreement; costs of maintaining the
Office of the Hearing Examiner as set forth in the Board of County Commissioners adopted budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form
and legality. Majority support of the Board is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners reviews and approves the attached
proposed Second Extension to Hearing Examiner Employment Agreement, and authorizes the Board
Chair to sign the extension agreement.
Prepared by: Mark Strain, Hearing Examiner
ATTACHMENT(S)
1. Hearing Examiner Second Ext to Employment Agreement (PDF)
2. Hearing Examiner Employment Agreement 5-28-13 (PDF)
3. Hearing Examiner First Ext to Employment Agreement (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 2938
Item Summary: Recommendation that the Board of County Commissioners reviews and approves
the proposed 2-year extension to the Employment Agreement for Mark Strain, Hearing Examiner.
Meeting Date: 03/28/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
03/21/2017 10:49 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/21/2017 10:49 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/21/2017 10:54 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/21/2017 11:01 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/21/2017 11:12 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/21/2017 12:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
HEARING EXAMINER EMPLOYMENT AGREEMENT: SECOND EXTENSION
THIS SECOND EXTENSION AGREEMENT, is made and entered into this 28th day of
March, 2017, by and between Collier County, a political subdivision of the State of Florida,
hereinafter called "County," and Mark Strain, hereinafter called "Hearing Examiner," both of
whom understand as follows:
RECITALS:
WHEREAS, the parties entered into a Hearing Examiner Employment Agreement dated
May 28, 2013 (hereinafter referred to as the "Agreement"); and
WHEREAS, the parties agreed on July 7, 2015, to extend the Agreement for two
additional years; and
WHEREAS, the Agreement by its terms expires September 30, 2017, unless otherwise
extended by the parties; and
WHEREAS, the parties wish to further extend the Agreement by two years on the same
terms and conditions.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
WITNESSETH:
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, 2019.
3. Except as modified by this Second Extension, the Agreement shall remain in full
force and effect. If there is a conflict between the terms of this Second Extension and the
Agreement, the terms of this Second Extension shall prevail.
IN WITNESS WHEREOF, the County has caused this Second Extension to be signed
and executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Hearing Examiner has signed and executed this Second Extension, both in duplicate, the month,
date and year first written above.
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ATTEST:
DWIGHT E. BROCK, Clerk
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, Deputy Clerk
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Witness (signature)
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman
HEARING EXAMINER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of May, 2013, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "County,"
as party of the first part, and Mark P. Strain, hereinafter called "Hearing Examiner," as party of
the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, the County desires to employ the services of Mark P. Strain as a Hearing
Examiner for Collier County, as provided by Collier County Ordinance No. 2013-25, as
amended from time to time (hereinafter referred to as the "Hearing Examiner's Ordinance"); and
WHEREAS, it is the desire of the Board of County Commissioners to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of the
Hearing Examiner; and
WHEREAS, the undersigned desires to accept employment as Hearing Examiner for
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties
The Hearing Examiner shall have the authority, duties and responsibilities as set forth in
Section 5 of the Hearing Examiner's Ordinance.
Section 2: Term
A. This Agreement shall commence effective Wednesday, May 29, 2013, subject to
approval of the Board of County Commissioners, and shall terminate on September 30, 2015.
B. On or before March 30th
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 County and the Hearing Examiner.
C. Either party may freely terminate this Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall have any
further obligation to the other party. In the event the Hearing Examiner is convicted of any
felony or of any crime involving moral turpitude, the County may by written notice immediately
terminate this Agreement.
Section 3: Salary
A. Employer agrees to pay the Hearing Examiner for his services rendered pursuant
hereto an annual base salary of$110,000, payable in bi-weekly installments.
B. On the date that cost of living adjustment is granted generally to Collier County
employees, the Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
Section 4: Hours of Work
The Hearing Examiner shall work those hours necessary to fulfill his powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall be performed
by the Hearing Examiner personally, or through the assistance of such employees as may be
made available from time to time by the County and concerning which the Hearing Examiner
shall assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Hearing Examiner of personal responsibility for the duties set forth herein. The
manner and means of performance of the duties herein shall be determined by the Hearing
Examiner. All acts performed by the Hearing Examiner, explicitly or implicitly, on behalf of the
County, within the scope of his employment, shall be deemed authorized by the County 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 Hearing Examiner without authority of the County.
Section 5: Cellular Phone
The County shall provide a cellular phone and service for the Hearing Examiner's use.
Section 6: Benefits and Leave Time
The County will provide the same comprehensive benefits package to the Hearing
Examiner which is currently provided to other County employees. The Hearing Examiner will be
provided a lump sum amount of eighty (80) hours of vacation leave upon approval of the
employment agreement, and shall also accrue vacation and sick leave at the same frequency and
in the same manner as other County employees. The Hearing Examiner shall be eligible for all
County Holidays and Personal Leave time.
Section 7: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify Hearing Examiner 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 Hearing Examiner's duties.
Section 8: Other Terms and Conditions of Employment
The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or any other law.
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Section 9: 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) EMPLOYER: Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Third Floor
Naples, FL 34112
2) HEARING EXAMINER: Mark P. Strain
3675 Third Avenue NW
Naples, Florida 34120
Notices shall be deemed effective upon delivery or receipt.
Section 10: 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 Hearing Examiner .
C. This Agreement is a personal services contract and neither this Agreement nor
Hearing Examiner'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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the County 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
Hearing Examiner has signed and executed this Agreement, both in duplicate, the month, date
and year first above written.
ATTEST: , , BOARD OF COUNTY COMMISSIONERS
D'IGtIT.I!. IIpCK, Clerk COLLIER COUN Y, FLORIDA
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HEARING EXAMINER EMPLOYMENT AGREEMENT: FIRST EXTENSION
THIS EXTENSION AGREEMENT, is made and entered into this 7th day of July 2015,
by and between Collier County, a political subdivision of the State of Florida, hereinafter called
"County," and Mark Strain, hereinafter called "Hearing Examiner," both of whom understand as
follows:
RECITALS:
WHEREAS, the parties entered into a Hearing Examiner Employment Agreement dated
May 28, 2013 (hereinafter referred to as the "Agreement"); and
WHEREAS, the Agreement by its terms expires September 30, 2015, unless otherwise
extended by the parties; and
WHEREAS, the parties wish to extend the Agreement by two years on the same terms
and conditions.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
WITNESSETH:
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, 2017.
3. 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 County 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
Hearing Examiner has signed and executed this Extension, both in duplicate, the month, date and
year first written above.
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ATTE$T,,-'.'t k- � o ,,
DW,0iIT E.'BROQK, Clerk
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Witness (signature)
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.
Clerk Tim Nance, Chairman
HEA ING EX INE
Mark IStrain
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