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Agenda 07/07/2015 Item #16K37/7/2015 16.K.3. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review and approve the proposed 2 -year extension to the Employment Agreement for Mark Strain, Hearing Examiner. OBJECTIVE: Recommendation that the Board of County Commissioners review and approve 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 2 -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 2 -years under the same terms and conditions as the original agreement. No change in original terms or conditions is proposed except for this extension. The Agreement will be extended to September 30, 2017. In the first year of activity, the Hearing Examiner resolved 43 land use actions; for the first 6- months of 2015 an addtional 27 land use actions have been resolved. Prior to creating the Hearing Examiner's office, these land use actions would have required 118 hearings before the Planning Commission and /or the Board of County Commissioners. FISCAL IMPACT: Reduces staff and applicant process time for specific land use actions by several months. No change in original terms or conditions. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: The Board of County Commissioners review and approve the proposed FY 2015 -2017 Employment Agreement for Mark Strain, Hearing Examiner. Prepared by: Mark Strain, Hearing Examiner Attachments: 1) Employment Agreement; and 2) Extension Packet Page -2543- 7/7/2015 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation that the Board of County Commissioners review and approve the proposed 2 -year extension to the Employment Agreement for Mark Strain, Hearing Examiner. Meeting Date: 7/7/2015 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 6/29/2015 1:45:30 PM Submitted by Title: County Attorney, Name: KlatzkowJeff 6/29/2015 1:45:31 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 6/29/2015 2:15:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/29/2015 2:23:06 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/29/2015 2:34:27 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/29/2015 3:09:11 PM Packet Page -2544- 7/7/2015 16.K.3. BEARING EXAMINER EMPLOYMENT AGREEMENT: FIRST EXTENSION THIS EXTENSION AGREEMENT, is made and entered into this 7t' 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. Packet Page -2545- ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Witness (signature) (pri t name) may_ r Witness (signature) S el o-t-� (print name) Approv as rKlatzkow ty: By: Jeffr 7/7/2015 16.K.3.- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:� _ Tim Nance, Chairman HEARING EXAMINED:, r � Mark ;Strain 7 Packet Page -2546- 7/7/2015 16.K.3. 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 30`s 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 $I 10,000, payable in bi- weekly installments. Packet Page -2547- 7/7/2015 16.K.3. 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 taw. Packet Page -2548- 7/7/2015 16.K.3. 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 Packet Page -2549- 7/7/2015 16.K.3. ?d WIT NESS 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:., , D)NI614.F F..BVCK, Clerk t .. ;�i "Deputy Clerk r�, Atf�st a t.�thManan's dIrrok, Witness (signature) (print nAmo abat��-7 Witness (signature) &r6 �- (Alar (print name) BOARD OF COUNTY COMMISSIONERS COLLIER COUN Y, FLORIDA GHAIR-vo k To r� �-�c.`n n-� r�q , �� c,c. • C-�'�a � rw,e��n HEARING EXAMINER: V - Mar P. 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