Agenda 03/26/2013 Item #14A23/26/2013 14.A.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County
Airport Authority, make a determination regarding the renegotiation or extension of the
Airport Authority Executive Director's Employment Agreement with Thomas C. Curry.
OBJECTIVE: Recommendation that the Board of County Commissioners, acting as the Collier
County Airport Authority, make a determination regarding the renegotiation, extension and/or to
allow the Airport Authority Executive Director's Employment Agreement with Thomas C. Curry
to expire without renegotiation, and to provide proper notice of same.
CONSIDERATIONS: Mr. Curry's Agreement, dated September 15, 2010 provides for a
termination date of September 30, 2013. Section 2C of that Agreement provides that the
Authority shall give Mr. Curry 180 days notice of its intent to renegotiate the Agreement or to
allow it to expire without renegotiation. The Agreement provides that should this notice be
timely given, no further compensation would be owed following the September 30, 2013
expiration: If the Authority wished to give such notice, then March 26, 2013 is the last scheduled
meeting prior to the deadline of April 3, 2013.
At the Airport Workshop held on February 5, 2013, the Executive Director suggested that the
Board of County Commissioners, as the current Collier County Airport Authority, had not
provided clear direction to the Executive Director in the operation and/or direction of the Collier
County Airports, and by some measure of self - reflection, the BCC may be lacking the skills
and/or experience needed to successfully direct the management and infrastructure needs of the
Public Airports under their authority. Given cumulative losses from the operation of the Airports,
and past and potential fiscal impacts on the General Fund, it is advisable to review all available
Airport management options and provide direction for both the Executive Director and/or the
future management and operation of the Collier County Airports.
At the March 12, 2013 BCC Meeting, per Item 14.A.1, the Board of County Commissioners
acting as the Collier County Airport Authority directed staff to put out an RFP for a consultant to
look at all options and alternatives including the separation and/or including the lease /sale of the
Immokalee and Everglades City Airports and to bring recommendations back at a future Board
Meeting. The direction provided by the Board of County Commissioners included to review the
management of the Collier County Airport Authority business unit, Collier County Airport
operations, and future economics of the Everglades Airpark, Immokalee Regional Airport, and
Marco Island Executive Airport with goals of providing acceptable public service, minimizing
short term operational costs, and maximizing the economic development potential of the Collier
County Airport assets.
As such, consideration should be given to whether the position of Executive Director of the
Collier County Airports should be continued.
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3/26/2013 14.A.2.
FISCAL IMPACT: TBD
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, make a determination regarding the renegotiation or
extension of the Collier County Airport Authority's Executive Director's Employment
Agreement with Chris Curry.
PREPARED BY: Jim Flanagan for County Commissioner Tim Nance
AGENDA DATE: March 26, 2013
Attachments:
Curry Contract — Approved 10 -23 -12 Ratified 11 -13 -12
01 -08 -13 Recap - Item IOK
Backup for Item l OK — 01 -08 -13
03 -12 -13 BCC Meeting Executive Summary and Backup for Item 14.A.1
03 -12 -13 BCC Meeting - Item 14.A.1 - Recap
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3/26/2013 14.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.14.A.14.A.2.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Collier County Airport Authority, make a determination regarding the renegotiation or
extension of the Airport Authority Executive Director's Employment Agreement with Thomas C.
Curry. (Commissioner Nance)
Meeting Date: 3/26/2013
Prepared By
Name: FlanaganJim
Title: VALUE MISSING
3/19/2013 7:59:27 PM
Submitted by
Title: VALUE MISSING
Name: FlanaganJim
3/19/2013 7:59:28 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 3/20/2013 1:36:59 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2013 2:23:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/20/2013 2:26:01 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
n Date: 3/20/2013 2:39:40 PM
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3/26/2013 14.A.2.
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3/26/2013 14.A.2.
"Design & Related Services for Immokalee Regional Airport Runway 9 -27
Rehabilitation Project" in the amount $761,000 with Hole Montes, Inc. (This'
item approved for reconsideration at the December 11, 2012 BCC Meeting.)
Tuesday, January 8th — Discussed; tabled until after hearing #10R;
Wednesday, January 9th — Additional discussion; Motion to approve —
Approved 4/0 (Commissioner Henning absent)
Wednesday, January 9, 2013
J. Recommendation that the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Chairman to execute Contract
#12 -5885 "Design and Related Services for the Marco Island Executive
Airport WY) Runway 17 -35 Rehabilitation Project" in the amount of
$660,000 with Hole Montes, Inc. (This item was approved for
reconsideration at the December 11, 2012 BCC Meeting.)
Motion to approve — Approved 4/0 (Commissioner Henning absent)
esda Januaty 9 2013
K. Recommendation that the Board of County Commissioners, in its capacity as
the governing body of the Collier County Airport Authority, indicates its
intent to extend the Airport Authority Executive Director's Employment
Agreement with Thomas C. Curry, fixing the end date of the first extension
term as September 30, 2015, and amending the Agreement to comport with
Ch. 2011 -143, Florida Statutes. (This item was approved for reconsideration
at the December .11, 2012 BCC Meeting.)
Motion to revert back to Mr. Curry's 2010 contract reinstating the
original terms including a September 30, 2013 end date — Approved 3/2
(Commissioner Coyle and Commissioner Fiala opposed)
Wednesday, January 9, 2013
L. Recommendation that the Board of County Commissioners, in its capacity as
the Collier County Airport Authority, memorializes its October 23, 2012
extension of, and amendments to, the Collier County Airport Authority
Executive Director's Employment Agreement, and authorizes the Chairman
to execute the Extension and Amendment Agreement. (This item was
approved for reconsideration at the December 11, 2012 BCC Meeting.)
Motion to revert back to Mr. Curry's 2010 contract reinstating the
original terms and end date with the exception of a recent 4% salary
Page 8
January 8 -9, 2013
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3/26/2013 14.A.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners acting as the Collier County .—N
Airport Authority review options, consider organizational and operational structures and
prepare to provide direction regarding the management and operation of the Collier
County Airports. Options to consider should include but not be limited to maintaining the
existing Airport Authority/Executive Director structure, Contract Airport Management,
Long -term Lease of Airports (Public- Private Partnership), Sale of the Airports (Full
Privatization), and /or any combination thereof.
OBJECTIVE: Review the management of the Collier County Airport Authority business unit,
Collier County Airport operations, and future economics of the Everglades Airpark, Immokalee
Regional Airport, and Marco Island Executive Airport with goals of providing acceptable public
service, minimizing short term operational costs, and maximizing the economic development
potential of the Collier County Airport assets.
CONSIDERATIONS: At the Airport Workshop held on February 5, 2013, the Executive
Director suggested that the BCC, as the current Collier County Airport Authority, had not
provided clear direction to the Executive Director in the operation and /or direction of the Collier
County Airports, and by some measure of self - reflection, the BCC may be lacking the skills
and/or experience needed to successfully direct the management and infrastructure needs of the
Public Airports under their authority. Given cumulative losses from the operation of the Airports,
and past and potential fiscal impacts on the General Fund, it is advisable to review all available
Airport management options and provide direction for both the Executive Director and /or the
future management and operation of the Collier County Airports.
FISCAL IMPACT: Fiscal impact to be determined. At some measure, the goal is to reduce the
financial impact to the General Fund, minimize annual operational losses, and reduce the overall
debt obligation attributable to the Collier County Airports.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and
raises no legal issues at this time. Any Board direction would be by majority vote. -JAK
GROWTH MANAGEMENT IMPACT: TBD
RECOMMENDATION: Recommendation that the Board of County Commissioners review all
options for Airport management and operational structures, and to provide direction regarding
the operation of the Collier County Airports, including but not limited to maintaining the existing
Airport Authority/Executive Director structure, Contract Airport Management, Long -term Lease
of Airports (Public- Private Partnership), Sale of the Airports (Full Privatization), and /or any
combination thereof.
PREPARED BY: Jim Flanagan for County Commissioner Tim Nance
AGENDA DATE: March 12, 2013
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3/26/2013 14.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.14.A.14.A.1.
Item Summary: Recommendation that the Board of County Commissioners acting as the
Collier County Airport Authority review options, consider organizational and operational
structures and prepare to provide direction regarding the management and operation of the
Collier County Airports. Options to consider should include but not be limited to maintaining
the existing Airport Authority /Executive Director structure, Contract Airport Management,
Long -term Lease of Airports (Public- Private Partnership), Sale of the Airports (Full Privatization),
and /or any combination thereof. (Commissioner Nance)
Meeting Date: 3/12/2013
Prepared By
Name: FlanaganArn
Title: VALUE MISSING
3/5/2013 5:27:33 PM
Submitted by
Title: VALUE MISSING
Name: FlanaganJim
3/5/2013 5:27:35 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 3/6/2013 8:13:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/6/2013 9:46:41 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/6/2013 10:50:39 AM
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3/26/2013 14.A.2.
J/ I L/LV 1 J 1-t.P1. 1.
/'\
A,
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/6/2013 11:19:00 AM
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3/26/2013 14.A.2.
AIRPORT MANAGEMENT OPTIONS / ECONOMIC OPPORTUNITIES
Considerations and Discussion Topics
A. AIRPORT.AUTHORITY /EXECUTIVE DIRECTOR
• Continue with Current Management Structure, with focus on improving
economics and operations.
B. CONTRACT AIRPORT MANAGEMENT
• Contractor receives a management fee based in part on the contractor's
performance.
• Facility employees and managers work for the contractor not the government.
• Operation budget proposed by the contractor and approved by the County
Commission.
• Funds needed for budgeted items are appropriated by the County Commission
and passed through the contractor.
• Fees and charges are paid by the airport users to the County and not to the
contractor.
Benefits:
• Increased operating efficiencies.
• Additional operating revenues.
• Reduces airport subsidies from general -fund revenues.
Drawbacks:
• Management fee must be significantly lower that current county subsidies.
• Costs of reestablishing airport operations
Current Airports using contract management:
Air - Carrier Airports
Burbank 'Bob Hope" Airport, Burbank, CA (TBI Airport Management)
Macon County Airport, Macon, GA (TBI Airport Management)
White Plains/ Westchester County Airport, White Plains, NY (AFCO AvPorts, Inc.)
General Aviation Airports
Alliance Airport, Fort Worth, TX (Alliance Aviation)
Brackett Field, La Verne, CA (American Airports Corp)
Compton Airport, Compton, CA (American Airports Corp)
El Monte Airport, El Monte, CA (American Airports Corp)
Peru Municipal Airport, Peru, IN (Miami County Air Services)
Fox Airfield, Lancaster, CA (American Airports Corp)
Republic Airport, East Farmingdale, NY (URS Corp)
Whiteman Airport, Pacoima, CA (American Airports Corp)
-- -1' -` -- -- -
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3/26/2013 14.A.2.
N/ ILlLV 10 1't.M. 1.
AM
Implementation
• Request for Information /Strategies — publish a request for private firms to submit
interest in private management, operations, and or development of the airports.
• Request for Qualifications — weeds out firms that are that are unlikely to succeed
in meeting the requirements for operating, managing or developing the airports.
• Request for Proposals — Consultants knowledgeable about both airports and
privatization should be retained to review financial and operational data and
assist with designing the competitive process and the required documents
(RFQ /RFP).
• Proposal Evaluations
• Negotiations
C. LONG TERM LEASE OF AIRPORTS (PUBLIC /PRIVATE PARTNERSHIP)
• Generally a lease is used in preference to a contract where significant airport
development is anticipated.
• Shifts development risks form the taxpayer to the private sector lessee.
• Airport users pay charges and fees directly to the lessee. Lessee must cover its
operating costs from those revenues.
• Lease payment to the county is based on a percentage of gross revenue.
FAA Privatization Process.
• A preliminary application to the FAA is the initial step in starting the process of
studying the possibility of a public - private partnership to operate country airport.
• The preliminary application identified the project objectives, described the
proposed process and timetables, and provided current financial and operations
statements.
• FAA accepts the preliminary application. FAA acceptance of the pre - application
does not commit the County to proceed with a final application.
• RFP is issued
• Requests for proposals are evaluated
- Commissioners selects preferred proposal
• Contract Negotiation
- County negotiates with private sector partner
- Conduct Potential Impact Studies
- Proposed operational changes
- Board of Commissioners approves contract
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• Final Application Process to FAA
FAA review and certification of private operator
- Closing — sign contract with private sector partner
• FAA approval requires private operator to:
- Ensure continued access to the airport on reasonable terms
- Ensure continued safe operations, security, maintenance, and
improvements
- Mitigate noise and environmental impacts in accordance with state and
federal law
- Provide for the continued operation of the airport in case of the private
manager and operator's bankruptcy or other defaults
• There is no timeline for the FAA to complete its review of the final application.
D. SALE OF THE AIRPORTS (FULL PRIVATIZATION)
n - -1. -1 V%--- n-7c
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Fact Sheej — What is the Airport Privatization Pilot Program?
Federal Aviation
Administration
http://www.fiLa-gov/news/fiLr.t—sheeWnew. • 3/26/2013 14_A.2.
Fact Sheet — What is the Airport Privatization Pilot Program?
For Immediate Release
September 26, 2012
Contact: Marcia Aiexander -Adams
Phone: (202) 267 -3488
The airport privatization pilot program is designed to allow airports to generate access to sources of
private capital for airport improvement and development. The 1996 Reauthorization Act, Title 49 United
States Code §47134, authorized the Federal Aviation Administration (FAA) to establish the pilot program.
The 2012 Reauthorization Act increased the number of airports that could participate in the program from
five to 10. The same restrictions on participation apply. Only one large hub airport can participate in the
program; one of the airports must be a general aviation airport. Commercial service airports can only be
leased and general aviation airports can be sold or leased. The program now permits up to 10 public
airport sponsors to sell or lease an airport with certain restrictions, and to exempt the sponsor from certain
federal requirements that could otherwise make privatization impractical. Most commercial service
airports in the United States are owned and operated by local or state governments. Public -use general
aviation airports are both publicly and privately owned.
AIRPORTS IN THE PRIVATIZATION PROGRAM
Chicago Midway Airport (MDW)
Chicago Midway Airport (MDW), a large air carrier hub airport, owned and operated by the city of
Chicago, handles more than 17 million passengers and 253,000 aircraft operations (calendar year 2008).
The City also owns and operates Chicago O'Hare International Airport.
Status -The FAA expects to receive a revised preliminary application including a revised timetable and a
distribution ready copy of a request for qualifications or interest from the city of Chicago by December
31, 2012.
Hendry County Airglades Airport (21S)
Airglades Airport, a general aviation reliever airport in Clewiston, Florida, is located 80 miles from Miami
International Airport. The airport is owned and operated by Hendry County. The airport has a 5,603 -foot
runway, a general aviation terminal and hangars. Hendry County's preliminary application was approved by
the FAA on October 18, 2010.
Status:The airport sponsor is negotiating an agreement with a private operator.
Luis Munoz Marlin International Airport (SJU)
Luis Munoz Marin International Airport, a medium -hub airport is owned and operated by the Puerto Rico
Ports Authority. In 2008, the airport had 4.6 million passenger boardings. The FAA approved the
Authority's preliminary application for the Luis Munoz Marin International Airport on December 22, 2009.
Status: The airport sponsor published a Request for Qualifications in July 2011 and prequalified six
potential bidders to submit proposals. On July 19, 2012, the Puerto Rico Ports Authority selected
Aerostar Airport Holdings as the winner of a public bidding process to become the private operator of the
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Fact Sheep — What is the Airport Privatization Pilot Program? wp://www.&&gov/wws/ho—amets/nev , 3/26/2013 14.A.2.
Luis Munoz Marin International Airport. The FAA held a public meeting on September 28, 2012 to discuss
the final preliminary application to privatize the airport.
AIRPORT INFORMATION IN THE DOCKET
To review information on the airports submitted to the docket go to: www.regUations.gov
(http: /h~..reguWtons.goV) .
Chicago Midway, Docket Number FAA - 2006 -25867
Airglades, Docket Number FAA - 2008 -1168
Luis Mufioz Marin International, Docket Number FAA - 2009 -1144
AIRPORT PRIVATIZATION FACTS
What does FAA's acceptance of the preliminary application mean ?An airport sponsor who wants to
participate in the airport privatization pilot program must receive preliminary FAA approval, through an
application process, to reserve one of the five slots available under the program. Once the FAA approves
the preliminary application, the sponsor can select a private operator to manage the airport, negotiate an
agreement with the private operator, and prepare a final application for submittal to the FAA.
Application process. A public airport sponsor and the private operator selected to purchase or lease an
airport may request participation in the pilot program by filing an application for exemption under Title 49
United States Code §47134(a).
• A public sponsor may submit a preliminary application for FAA review and approval. It must contain
summary narratives identifying the objectives of the privatization initiative, a description of the process
and a realistic timetable for completing the program, current airport financial statements, and a
distribution ready copy of the request for proposal. The FAA has 30 days to review the preliminary
application.
• When the FAA approves the preliminary application, the applicant is guaranteed one of the 10 slots in
the program.
• The airport sponsor may select a private operator, negotiate an agreement, and submit a final
application to the FAA. There is no timeline for the FAA to complete its review of the final application.
• After the FAA reviews and approves the final application and lease agreement, it publishes a notice in
the Federal Registerfor a 60-day public review and comment period.
• The FAA completes its review, prepares its Findings and Record of Decision (ROD), addresses the
public comments in the ROD, and publishes the agency decision.
• If the FAA approves the ROD, it monitors the legal settlement and transfer of the airport from public
owner and sponsor to the new private operator and sponsor.
Number and category of airports. The legislation authorizes 10 airports to participate in the program. At
least one must be a general aviation airport and no more than one large hub air carrier airport may
participate. Under the pilot program, general aviation airports may be leased or sold, but an air carrier
airport may only be leased.
Exemption from federal requirement. The 1996 Reauthorization Act permits the FAA to exempt an
airport sponsor from certain requirements that could otherwise make privatization unattractive. First, the
public airport sponsor may receive an exemption to use the lease or sale proceeds for non - airport
purposes. Generally, all proceeds from the lease or sale of airport land must be used for the capital or
operating costs of the airport. This exemption requires the approval of 65 percent of the air carriers at the
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Fact Sheet — What is the Ai rpo rt Privatization Pilot Pro gram? http://www.&&gov/news/fact sh tsl v 3/26/2013 14.A.2.
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airport (by number of carriers and by landed weight). The FAA also can exempt a public sponsor from an
obligation to repay federal grants and return property acquired with federal assistance upon the lease or
sale of the airport.
Conditions for granting exemptions. The FAA approval is based upon a number of conditions listed in
Title 49 United States Code § 47134. These include the private operator's ability to assume the public
operator's grant obligations, and ensure continued access to the airport on reasonable terms. The private
operator must operate the airport safely, maintain and improve the airport, provide security, mitigate noise
and environmental impacts, and abide by existing collective bargaining agreements. The public operator
must provide a plan for continued operation of the airport in case of bankruptcy of the private operator.
Federal assistance. The private operator of an air carrier airport may receive Airport Improvement
Program (AIP) grants, collect Passenger Facility Charges, and charge reasonable fees. Airport rates and
charges that exceed the Consumer Price Index require approval of 65 percent of air carriers. Private
operators of general aviation airports can receive AIP discretionary grants.
Federal oversight Airports in the pilot program must comply with Title 14 Code of Federal Regulations
Part 139 and with Transportation Security Administration requirements for airport security.
W
This page can be viewed online at: httpJ /www faa.gov /news/fact_sheets
/news_story.cf n ?newsld = 13333& amp ;omniRss= fact_sheetsAoc&cid =103 F S
F
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Total Loan
Annual Increase Total Loan
9,010,457.45
1,067,167.16 10,077,624.61
829,711.93 10,907,336.54
999,016.10 11,906,352.64
1,705,954.23 13,612,306.87
2,300,803.78 15,913,110.65
2,047,722.63 17,960,833.28
1,480,535.28 19,441,368.56
600,628.23 20,041,996.79
569, 677.51 20, 611,674.30
344,895.79 20,956,570.09
656,300.00 21,612,870.09
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Airport Authority Loan History
Fund 495
Fund 496
Fund 497
Airport Op
Capttal/6rant
Capital /Immok
FYTotal
Beginning Balance:
FY 2003
Loan
817,100.00
128,400.00
945,500.00
Interest
41,279.05
80,388.11
121,667.16
FY 2004
Loan
687,600.00
25,171.00
712,771.00
Interest
46,186.52
70,754.41
116,940.93
FY 20DS
Loan
599,800.00
128,750.00
728,550.00
Interest
119,754.94
150,711.16
270,466.10
FY 2DO6
Loan
658,600.00
537,600.00
1,196,200.00
Interest
230,951.31
278,802.92
509,754.23
FY 2007
Loan
765,400.00
119,100.00
750,000.00
.1,634,500.00
Interest
304,267.78
336,503.92
25,532.08
666,303.78
FY 2008
Loan
651,400.00
171,933.00
750,000.00
1,573,333.00
Interest
216,556.51
220,787.86
37,045.26
474,389.63
FY 2009
Loan
456,132.00
140,500.00
750,000.00
1,346,632.00
Interest
60,235.72
57,553.81
16,113.75
133,903.28
FY 2010
Loan
447,600.00
243,750.00
(133,850.00)
557,500.00
Interest
19,350.79
17,921.59
5,855.85
43,128.23
FY 2011
Loan
527,000.00
(133,850.00)
133,850.00
527,000.00
Interest
19,615.79
17,276.20
5,785.52
42,677.51
FY 2012
Loan
538,000.00
(250,000.00)
-
288,000.00
Interest
30,005.87
19,896.79
6,993.13
56,895.79
FY 2013
Loan
527,800.00
128,500.00
-
656,300.00
Interest
-
-
-
-
3/26/2013 14.A.2.
Total Loan
Annual Increase Total Loan
9,010,457.45
1,067,167.16 10,077,624.61
829,711.93 10,907,336.54
999,016.10 11,906,352.64
1,705,954.23 13,612,306.87
2,300,803.78 15,913,110.65
2,047,722.63 17,960,833.28
1,480,535.28 19,441,368.56
600,628.23 20,041,996.79
569, 677.51 20, 611,674.30
344,895.79 20,956,570.09
656,300.00 21,612,870.09
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Collier County, (Florida
Airport Authority Profit and Loss
For Fiscal Year 2011
Island Executive Airport:
Revenues
Total Operating Revenues
Operating Expenses:
Personal services (salaries and associated costs)
Operating
Allocation of Administrative Costs - based on FTEs•
;Total Operating Expenses
Operating Gain - Marco Island
3/26/2013 14.A.2.;
t
I
$ 2,157,5891
2,166,2811
356,6241
1,506,679
2,126,9811
Immokalee Airport:
Operating Revenues
641,036
Miscellaneous
11,053
Total Operating Revenues
652,089
Operating Expenses:
Personal services (salaries and associated costs)
304,685
Operating
637,414
Allocation of Administrative Costs - based on FTEs•
269,678
Total Operating Expenses
1,211,777
Operating Loss - Immokalee
(554,688)
Everglades Airport:
Operating Revenues
120,326
Miscellaneous
145
Total Operating Revenues
120,471
Operating Expenses
Personal services (salaries and associated costs)
70,338
Operating
131,852
Allocation of Administrative Costs - based on FTEs"
53,343
Total Operating Expenses
255,533
Operating Loss - Everglades
(135,062)
Total Operating Revenues less Personal Svcs. and Operating - FY -2011 $ (655,450)
" - Requestor indicated that the desired basis of allocation for administrative costs was FTEs.
Allocation of overhead is not mandatory for GAAP reporting for the Airport Authority, or for
purposes of meeting the Clerk's financial reporting responsibilities. As such this statement,
with it's associated assumptions, are for discussion purposes only.
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Motion to approve floor plan option #2 w /modifications — Approved 510;
Motion to continue the classification and salary range issue and
individual budget information to next meeting — Approved 510
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to authorize the County Attorney to advertise an ordinance
for future consideration which would provide for a Hearing Examiner.
Approved — 4/1 (Commissioner Coyle opposed)
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the fiscal year ended September 30, 2012 and
authorization to file the related State of Florida Annual Local Government
Financial Report with the Department of Financial Services.
Direct the County Manager to work with the Clerk's Finance
Department to work on scope for an RFP regarding the
recommendations given by Ernst & Young for the grants
program; Motion to accept the Comprehensive Annual Financial
Report and file the State of Florida Annual Local Government
Financial Report with the Department of Financial Services
— Approved 5/0
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation the Board of County Commissioners acting as
the Collier County Airport Authority review options, consider
organizational and operational structures and prepare to provide
direction regarding management and operation of the Collier County
Airports. Options to consider should include but not be limited to
maintaining the existing Airport Authority /Executive Director
structure, Contract Airport Management, Long -term Lease of Airports
(Public- Private Partnership), Sale of the Airports (Full Privatization),
and/or any combination thereof. (Commissioner Nance)
Page 11
March 12, 2013
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3/26/2013 14.A.2.
Motion for staff to put out an RFP for a consultant to look at all
other options and alternatives including the separation including
the lease /sale of the Immokalee and Everglades City Airports and
bring recommendations back at a future Board Meeting —
Approved 4/1 (Commissioner Henning opposed);
After lunch break Commissioner Coyle changed his vote -
Apuroved 3/2 (Commissioner Coyle and Commissioner Henning
opposed)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Election or reelection of Collier County Community Redevelopment
Agency (CRA) Chair and Vice -Chair for 2013.
Motion to Appoint Commissioner Nance as Chairman and
Commissioner Fiala as Vice -Chair — Approved 510
2) Recommendation that the Community Redevelopment Agency (CRA)
review and discuss a letter dated March 5, 2013 from Bayshore
Cultural and Performing Art Center (CAPA) and provide guidance.
(Commissioner Fiala)
Motion for CAPA to submit an appraisal to the CRA staff and
Real Property to review and bring back at a future Board
Meeting - Approved 510
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Attorney — Code Enforcement Advisory Board terms were
incorrect, should be 2/14/16
B. Commissioner Henning — Gulf Coast Consortium dues going down;
Would like to discuss at the next meeting about appointing a 3ra
alternate to the consortium in case of scheduling conflicts
C. Commissioner Hiller — Corrections to Brent Batten articles
D. Commissioner Henning — Motion to Adjourn — Approved 510
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Page 12
March 12, 2013
Packet Page -358-
3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, in its capacity as the governing body of
the Collier County Airport Authority, indicates its intent to extend the Airport Authority Executive
Director's Employment Agreement with Thomas C. Curry, rudog the end date of the first extension
term as September 30, 2015, and amending the Agreement to comport with Ch. 2011 -143, Florida
Statutes.
OBJECTIVE: That the Board of County Commissioners indicates its intent to extend the Airport
Authority Executive Director's Employment Agreement with Thomas C. Curry, and fix the end date of
the first extension term as September 30, 2015.
CONSIDERATIONS: On September 15, 2010, the Board of County Commissioners, in its capacity as
the governing body of the Collier County Airport Authority, and Thomas C. Curry, entered into the
Airport Authority Executive Director's Employment Agreement. The Agreement expires on September
30, 2013.
Section 2. B and C of the Agreement are set forth below:
Section 2: Term
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 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 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.
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 Section 443.036(30), Florida Statutes, by the unit of government.
Packet Page -1317-
Packet Page -359-
3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
The proposed Extension of County Manager Employment Agreement fixes the end date of the first
extension term as September 30, 2015, and amends the Employment Agreement to comport with Ch.
2011 -143, Florida Statutes.
FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits). Funds
are appropriated in the Airport Authority's operating budget.
GROWTH MANAGEMENT RyIPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Under the terms
of his agreement, Mr. Curry's request is untimely, as the agreement provides that this extension request
be considered by the Board prior to September 30s'. An agreed upon time for performance in a contract
can be waived by the parties. Accordingly, if the Board wishes to extend the Airport Authority Executive
Director's Employment Agreement, the County Attorney requests that any motion to do so include a
waiver of this September 30'b deadline. With that said, this item is legally sufficient, and requires
majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the governing
body of the Collier County Airport Authority, advises the Airport Authority Executive Director of its
intent to extend the Airport Authority Executive Director's Employment Agreement, fixing the end date
of the first extension term as September 30, 2015, and amending the Agreement to comport with Ch.
2011 -143, Florida Statutes.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Packet Page -1318-
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3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 15'6 day of Scptanber, 2010, by and
between the Copier County Board of County Coaim>atsionas, in their capacity as the governing
body of the Collier County Airport Authority (bereinafler referred to as the "Authority"), and
Tborttas C. Curry (hereinafter referred to as the "Employed').
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 bmefits, 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:
&hon L file and Duties The role and ditties 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 ditties of the Executive Director shall be as follows:
(a) The Executive Director shall be the chief operating otiteer of the Authority. All
executive and afainisrrative mgxmsibilitice and powers specified herein shall be assigned
to and vested in *a Executive Director.
(b) The Executive Director shall work under the direction of the Authority.
(c) The Executive Director shall:
(I) Be responsible for the administration, rnanagemerx and operation of the
airports and airport facilities.
(2) Formuh tc and prepare mwnmendations regarding policies. rules and
regulations. directives, programs, agranwits, sub - teases, 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 Hoard.
(5) Recommend employment of, direct. supervise, and recommend personnel
actions reSudinS Authority employees in accordance with the County's
Human Resources Policies and Procedures, except to the extent thow policies
and procedures do not apply to the Authority as exempted by the Authority's
Pte 1 of?
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- 3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
Admini n"ve Code. The Executive Moctor shill also direct and supervise
professional service ptovidm tnpvd by the Authority.
(6) Carry out such other powers and duties as may lawfully be assigned by the
Authority.
A. Employee agrees to remain In the oxclusive employ of the Authority until
September 30. 2013, from the effective dace 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 Amt. However. on or
before September 30th of the year immedinWy 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) yrsts by the mutual written agreement of
the Authority and the Bmpioyce. Although both per ies 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 Ow
extension of the teats of this Agreement on (1) the Employee's performance and (2)
the Employee's ability to success idly achieve goals mutually developed and agreed
to by the Employee and the Autbority. Notwing the foragain& the end date
of the first extension term. if impkmwmed, will be Septernber 30th, so that the term
of this Agreement will ultimately correspond with the County's fiscal year.
C. Nearing the conclusion of the initial employtaetrt period, and any applicable
awWoits, the F gftment Agreement may be reaegotisted by the Authority. The
Employee shall be given out bundred- eighty (180) days notice of Autbority's intent
to renegotiate the Agreement or to allow the Agreement to expire without
renegotiation. In the event the Authority's Mice is not to renegotiate, but for the
Agreement to expiv; no salary and deferred compensation severance payment nor
insurance benefits shall be provided Employee or his dependents upon the
expiration of tha Agreement Elegy of this Agreement tray be dtangod at any
time when mutually agreed upon in writing by the Authority and the Employee.
The Authority may suspend ttte Employee with full pay and benefits at any time daring 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 shag have been given written notice
setting forth any charges at least tea (10) days prior to such hearing by the
Authority's members bringing such dargos. Just cause shall include only willful
Pass 2 of 7
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3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
misconduct or winful Ware or disregard of F.mployat's duties under this
Employment Agreement.
Subject to the provision of this Agreement, the; Executive Director may be terminated,
with or witltotJt cause, by an affirmative volt of the majority membership of the Autbonty.
In the event this Employment Agmement with Employee is tcrmumftd 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 arnounts then due Employee including any
unused leave, a lump sum cash payment within ten (10) woriting days after the effective date of
termination, an amoamt equal to tbrw (3) moaft of Employee's arutual base salary and benefits at
the robe 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
turP my terminate Employee's etmploymmi: without notice and without any
obligation to pay any aggregate severance stun or trs provide post - termination insurance benefits
described in the above paragraphs.
Section S: Resignation
In the event Employee voluuttnily reigns his position with the Autbority before expiration
of his employment, then Employee shall give the Authority thirty (30) days advance written notice.
If Employee voluntarily migos, providing Employer with less than thirty (30) days notice,
Employee shall forfeit any payment for accrued leave otherwise due and owing.
$lion 6: Disability
If Employee is per nimently disabled or is otherwise ratable 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 sev=wce pay requirements of Section 4.
A. Employer agrees to pay Employee for his services rendered pursuant hereto an
annual base salary of $130.000 parable in bi- weekly installments.
B. The Authority and Esnployee 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 succ essM completion of measurable goals and objectives to be
completed or attained by the Employee during each fiscal year of this Agreerent.
Any annual performance - basod stunt atljusunent shall not exceed a maximum of
ten parent (10%) of the Employee's annual bast salary.
Pop 3 of 7
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10123/2012 Item 14.A.3.
,,-IN
C. On the date that general wage adjustments (i.e., cast of living adjustments, spacial
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 employes.
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 adjustrnestt. A merit system wage adjustment, if any. will take effect on
October 1, 2011, sod each October lat thereafter for the tern of this Agree, a nt. An updated
performsom merit system for Employee will be developed in good faith between the Authority
and Employee and adopted by this Authority prior to October 1st of each fiscal year for
implementation in the next fiscal year.
i>Zjj4119: Hours of Work
All duties required hereunder sbail 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 shad
be deemed to absolve the Employee of personal responsibility for the duties set ferth herein. The
Employee shall be "on -tail" twenty-fowes (24) hours a day, avaiable to perfaetm said duties and
agrees to make himself available as needed during said period. The mat mw and means of
performance of the duties herein shaU be determined by the Employee. All acts performed by the
Employee, explicitly or implicitly, on behalf of the Authority, within the scope of his ompioyment,
shall be deemed authorized by the Authority as its agent, except ept that any act which constitutes
willful misconduct or which may be ualawfal shall W deemed to be an individual ant of the
Enployco without authority of tits Authority or the County.
Section 10: Outside Activities
The Employee sprees to remain in the exclusive employ of the Authority while employed
by the Authority.
Section 11: Automobile and Cellular Phone
no Authority shall provide a cellular phone and service for the Employee's business use
and an automobile reimbursement allows= in the amount of five hundred dollars (5300) per
month in addition to the salary set forth in Section 7. Travel in excess of 100 exiles each way will
be considered protessional development and will be processed in accordance with Section: 15 of
this Agreen um.
Pala s of 7
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3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
The Authority agrees to provide the eanprchnssive benefit package to the Employee whicb
is currently provided w Director level personnd of Collier County Goverment, including
relocation reimbursement up so one month's salary upon presentation of expense receipts.
Employee shall also be eligible for up to 53,000 in cash match to as eligible 457 deferred
retirement plan.
v
The Employee shall accrue vacation is the amount of three welts per year (accrued bi-
weekly). Holiday and sick leave will accrue at the same frequency and in the same manna as
currently provided to Director level personnel of Collier County Governnumit.
Section 14; Professional Dues and Sons
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 l5: Professional Develnement
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 oonfamcm which the Authority shall approve in advance.
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' foal relating thoreto whether gmmdkss or otherwise,
arising out of an alleged act or omission ocauring in the performance of Employee's duties as
Executive Director.
The Authority shall bear the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
The Authority and the Employee shall fix any such other trans and conditions of
employment as they may detwndne ftom time to time, relating to dw performance of Employee,
provided such tears and conditions are not inconsistent with or in conflict with the provisions of
this Agreement or any other law.
Pate S o[7
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P
3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
Notices pursusst to the Agreement shall W in writing, um misted by personal service or
by deposit in the cuslody of the United Stan Postal Service, postage prepaid, add=W as
follows:
(I) AUTHORITY: Collier County Airport Audtotity
Board of County Commissioners
Collier County Government Canter
3301 East Tamlarmi Trail
Naples, Florida 34112
(2) EMPLOYEE: Thomas C- Curry
Noticea shall be doomed effective upon dalivery or receipt.
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 heir 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 thereon Contained in this Agreement is held
unconstitutional, invalid or unenforceable, the t usdader of this Agreement, or
portion thereof shall be deemed severable, doll not be affected, and shall Terrain in
tall force and effect.
E. This Agreement "I be deemed to have been made in Collier County, and shall be
governed by and construed under the laws of the Stare of Florida. Tbo parses shall
attempt in good faith to resolve any dispute concerning this Agnmuent through
negotiation between authorized reptwenatives. If these efforts an Act successful,
either party tray then file an action in the Circuit Coact of Collier County, which
shall be the exclusive venue with mq)M to any disputes arising out of this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Pale f oft
Packet Page -1324
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--N
3/26/2013 14.A.2.
10/23/2012 Item 14.A.3.
IN Wr NESS WHEREOF, the Authority bw caused this AVVemeat to be signed and
executed an its behalf by its CbW matt, and duly angled by in Clerk to the Board. and the
fist above writ4 add atecOW this Agreement, both w duplicate, the month, date and year
Attest
DWIGHT F& BRE)CK, Clark
WITNESSES:
Print Name: T
Print Name:
0
,^
as tp form and
HOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, serving a: the
COLLIER COUNTY AIRPORT AVEHORMY
01
EMPLOYEE
Per 7 of 7
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r
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iZA
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 30*` 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
I
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12A
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 thme (3) me 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.
Fa
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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,:;.$R "Clerk
BlyrAll
1. .
WITNESSES.
J.. j1.
y
Print ame: Z
Print Name: Z--
form
and
Jeffrey
County
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORID
-:1-2� By:
FRED W. COYLE, CHAI
EMPLOYEE
By: 40 r-
THOMAS C. CURRY
KI
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12A - 4
COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 15's 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 rafwed 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. RQie 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 maybe 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;
(l) Be responsible for the administration, management and operation of the
airports and airport facilities.
(2) Formulate and prepare recommmdations regarding policies, rules and
regulations, directives, programs, agreements, sub - leases, teases, 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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12A
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.
1'i! • t 4 a y, ,,
A. Employer 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 patty 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 an 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 tear
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 invent
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 Agrcarucat 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
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misconduct or willful failure or disregard of Employee's duties under this
Employment Agreement.
Subject to the provisions of this Agreement, the Executive Director may be terminated.
with or without cause, by an affinnatiive vote of the majority membership of the Authority.
In the event this Employment Agreetnmtt with Employee is terminated by the Authority
before expiration of the aforaWd tetra of employment and during such time that Employee is
willing and able to perform his dudes 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)n ths of Employee's annual base salary and benefits at
the rate effective on the elate 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 tmmimw Employee's employment without notice and without any
obligation to pay any aggregate severance stun or to provide post - termination insurance benefits
described in the above paragraphs.
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 shalt forfeit any payment for accrued leave otherwise due and owing.
,&Wion 6• Disability
If Employee is pa mamently disabled or is otherwise unable to perform his dudes 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.
�TMVMIEM-n
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 (100/9) of the Employee's annual base salary.
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C. On the date that general wage adjustments (i.e., cost of living adjustment, special
study pay adjustments, etc.) are granted generally to Collier County employees,
Employee's but salary shall be mAfied 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 tat of each fiscal year for
implementation in the next fiscal year.
..� ,.
=1 &ATMI
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, tbat 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 mamxw and means of
performance of the duties berein shaU 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 ageat, except that any act which constitutes
willful misconduct or which may be unlawful shall be deanod 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.
Y -M 777 J!.•
The Authority shall provide a cellular phone and service for the Ertrployee's business use
and an automobile reimbursement allowance in the amount of five hundred dollars (5500) 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 13 of
this Agreement.
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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 Subscrig&ns
The Authority agrees to pay for the reasonable and customary professional clues and
subscriptions of Employee necessary for his continued professional development, including
pertinent national, regional, state, and local associations and organizations.
Section IS: 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 staff s travel and attendance at any
meetings and conferences, which the Authority shall approve in advance.
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
logal 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.
The Authority shall bear the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
_. .,. 1 .M } s X11 • 11
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.
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section 19: Notices
Notices pursuant to this Agroemettt 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 Tamiarni Trail
Naples, Florida 34112
(2) EMPLOYEE: Thomas C. Curry
Notices shall be deemed effective upon delivery or receipt.
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 thereo& 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 retrain in
full force and effect.
E. This Agreement shalt 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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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 Agr+eamertt, both in duplicate, the month, date and year
first above written.
Attest BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROCK, Clerk OF COLLIER COUNTY, l!LOR 0A, serving as the
COLLIER COUNTY AIRPORT AV ORITY
By: ay;
clerk �D W. COYL.E, C
Attost of a aft
41*uft 104. .
WITNESSES: EMPLOYEE
Br 6 C z 4A
Print Name: THOMAS C. CURRY
Print Name:
}esal
as to form and
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