Agenda 05/08/2012 Item #14B35/8/2012 Item 14.6.3.
EXECUTIVE SUMMARY
Recommendation to approve a corrected employment agreement between the CRA and David L.
Jackson, the Bayshore Gateway Triangle CRA Executive Director, to incorporate a previously
CRA Board approved four year term extension of the Executive Director's employment and
authorize the CRA Chairman to sign.
OBJECTIVE: To receive Collier County Community Redevelopment Agency (CRA) approval to
execute a corrected employment agreement between the CRA and David L. Jackson, the Bayshore
Gateway Triangle CRA Executive Director, extending the term of employment four years and authorize
the CRA Chairman to sign.
CONSIDERATIONS: On September 27, 2011 the CRA Board approved an executive summary
recommendation and Third Amendment to the Executive Director's employment agreement. The motion
to approve the amendment and extend the Agreement by four (4) years was approved by majority vote:
"That the Collier County Community Redevelopment Agency approves
and executes an amendment to the employment agreement between the
CRA and David L. Jackson, the Bayshore Gateway Triangle CRA
Executive Director, extending the term of employment four years and
modifying severance terms, and authorize the CRA Chairman to sign."
The Third Amended Agreement that was actually executed modified the severance terms but
inadvertently omitted the Board approved language extending the Executive Director's term of
employment four (4) more years. On March 27, 2012, the CRA Board directed that the September 27,
2011, Agreement be corrected and brought back for Board approval. Rather than present another
amendment, all previous amendments to the employment agreement were reviewed by the County
Attorney's office and assimilated into one single instrument, and attached hereto.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approvalSRT.
RECOMMENDATION: That the CRA Board approves the attached Employment Agreement between
the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, which
assimilates all prior amendments into a single Agreement and reflects the correct CRA Board approved
term of employment, and authorize the CRA Chairman to sign.
Prepared by: David Jackson, Executive Director, Bayshore Gateway Triangle CRA
Attachment: Employment Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 14.8.3.
5/8/2012 Item 14.6.3.
Item Summary: Recommendation to approve a corrected employment agreement
between the CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director,
to incorporate a previously CRA Board approved four year term extension of the Executive
Director's employment and authorize the CRA Chairman to sign. (David Jackson, Executive
Director, Bayshore Gateway Triangle CRA)
Meeting Date: 5/8/2012
Prepared By
Name: JacksonDavid
Title: Executive Director, Bayshore CRA
4/26/2012 12:02:26 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/26/2012 2:39:36 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/27/2012 9:29:52 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/27/2012 4:46:59 PM
Name: OchsLeo
Title: County Manager
Date: 4/29/2012 8:52:53 PM
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5/8/2012 Item 14.13.3.
EMPLOYMENT AGREEMENT BETWEEN
DAVID L. JACKSON AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this 8th day of May, 2012, by and
between the Collier County Board of County Commissioners, in its capacity as the governing
body of the Collier County Community Redevelopment Agency (hereinafter referred to as the
"CRA "), and David L. Jackson (hereinafter referred to as the "Employee ").
RECITALS:
WHEREAS, on March 22, 2005, the parties entered into any Employment Agreement,
hiring Employee as the Executive Director of the Bayshore/Gateway Triangle Redevelopment
Area, retroactive to March 16, 2005; and
WHEREAS, on November 1, 2005, the parties entered into a revised Employment
Agreement (the "Agreement) hiring the Employee to serve as the Executive Director of the
Collier CRA Bayshore Gateway Triangle, which Agreement provided for a term of employment
and other terms and conditions of employment; and
WHEREAS, the Agreement has previously been extended and amended on June 26,
2007, April 13, 2010 and on September 27, 2011 and
WHEREAS, the extension of the term of employment under the September 27, 2011,
amendment to the Agreement was mistakenly omitted; and
WHEREAS, the parties desire to modify and amend the Agreement in a single document
that assimilates all prior amendments to clarify their respective rights, expectations and duties
hereunder; and
WHEREAS, numbered paragraph 13 of the Agreement allows the parties to amend or
modify that agreement upon a duly adopted and executed amendment in writing.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
APPOINTMENT OF THE BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken
by the CRA Board at its meeting on March 22, 2005, David L. Jackson was selected
to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area
( "CRA" ), retroactive to March 16, 2005.
Page 1 of 4
5/8/2012 Item 14.13.3.
2. CONTRACT REVIEW AND RENEWAL: Notwithstanding any provision to the
contrary herein, the term of this Agreement is extended for a period of four (4) years
commencing on September 30, 2011, and shall terminate effective September 30,
2015, unless this Agreement is amended, extended or renegotiated as provided herein.
3. DUTIES: The Executive Director shall perform the function and duties typical of a
person in the position of Executive Director for a Community Redevelopment
Agency as more fully described in the CRA Executive Director Job Description.
a. The Executive Director shall act as the Chief Administrative Officer of the
CRA reporting to and responsible to the CRA Board and be responsible for
the day - today implementation of CRA budget, projects, programs and
activities including CRA staff selection and supervision.
b. The Executive Director shall devote his full time efforts to the CRA and its
mission.
c. The Executive Director shall perform such other associated and legally
required duties and functions, as the CRA Board and CRA Advisory Board
shall direct.
d. The Executive Director agrees to perform all such functions and duties,
faithfully, competently, professionally and promptly to the best of Executive
Director's ability.
4. RESIGNATION: In the event the Executive Director voluntarily resigns his position
with the CRA Board, then the Executive Director shall give the CRA Board sixty (60)
days written notice in advance, unless the parties agree to waive such notice
requirement.
5. ANNUAL BASE SALARY: The Executive Director shall be paid for his services
rendered pursuant hereto at the annual rate of $124,927.00, payable in bi- weekly
installments on the same dates . as professional employees of Collier County
Government are paid.
6. SEVERANCE TERMS AND CONDITIONS: In the event the Executive Director is
terminated by CRA Board, the CRA Board agrees to pay the Executive Director 20
weeks of the Executive Director's base salary for termination without cause.
7. PERFORMANCE EVALUATION AND MERIT PAY: Annually the CRA Board
agrees to review and evaluate the performance of the Executive Director one month
prior to the anniversary of this contract. The CRA Board shall provide the Executive
Director with a written summary statement of the findings of the Board and provide
adequate opportunity for the Executive Director to discuss his evaluation with the
CRA Board. Based upon said review and performance evaluation and at the
discretion of the CRA Board, the Executive Director may receive a merit pay bonus
check at a minimum of 3% to a maximum of 10% of base pay. The Executive
Director's annual base salary will be adjusted annually by the same cost of living
Page 2 of 4
5/8/2012 Item 14.8.3.
(COLA) rate for all County employees as determined by the Board of County
Commissioners.
BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit
package for the Executive Director equal to that which is currently provided to
professional personnel of Collier County Government.
9. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: The Executive
Director shall accrue sick leave at the same frequency and with the same carryover
and other limitations, if any, as currently provided to personnel under the Collier
County Manager's Agency Policies and Procedures. The Executive Director will
receive payout for all accrued but unused vacation time consistent with the County
Manager's Policies and Procedures regarding payment of benefits at separation.
10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the reasonable and
customary professional dues and subscriptions of the Executive Director necessary
for his continued professional participation, growth and advancement, including
national and state professional organizations.
11. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the reasonable and
customary travel and subsistence expenses (in accordance with applicable Florida
law), for the Executive Director and his stafRs travel and attendance at any meetings
and conferences, which the CRA Board shall approve.
12. INCIDENTAL EXPENSES: The Executive Director shall receive an automobile
mileage reimbursement, payable at the end of each month consistent with the policies
followed by Collier County for its employees, a monthly cell phone allowance, and x
reimbursement for such other business related expenses as may be approved by the
CRA Board from time to time.
13. GENERAL PROVISIONS:
a. The provisions of this Agreement constitute the entire understanding between
the parties. Only the representations and understandings contained herein
shall be binding upon the CRA Board and the Executive Director. No other
representations or understandings are binding on the CRA Board and the
Executive Director unless contained in a subsequent, duly adopted and
executed written Amendment to this Agreement.
b. This Agreement shall be construed and administered in accordance with
Florida and any other applicable law.
14. SEVERABILTIY: Should any provision of the Agreement be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
Agreement as a whole, or any part thereof, other than the part declared to be valid.
Page 3 of 4
5/8/2012 Item 14.13.3.
15. EFFECTIVE DATE OF THIS AGREEMENT: This Agreement shall become
effective upon execution by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their appropriate representatives, as of the date first above written.
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, Chairman
WITNE S: David L. Jackson, Executive
Collier County CRA B o
By
Print N Al, (A carte .
Print Name:
Approved as to form and legal s
Scott R. Teach,
Deputy County Attorney
Page 4 of 4
Triangle
5/8/2012 Item 14.13.3.
ORIGINAL
(anucuP�
MEMORANDUM
Date: September 30, 2011
To: Ashley Caserta, Grants Coordinator
Bayshore Gateway Triangle CRA
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Third Amendment to Agreement w /CRA Bayshore Gateway
Triangle Executive Director — David Jackson
Attached for your records, are one (1) copy of the document referenced'above
(Item #13B1) adopted by the Collier County Board of County Commissioners on
Tuesday, September 27, 2011.
The original has been kept by the Minutes & Records Department as a part of the
Boards Records.
If you have any questions, please feel free to contact me at 252 -8411.
Thank you.
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5/8/2012 Item 14.6.3.
THIRD AMENDMENT TO THE NOVEMBER 112005, COLLIER
COUNTY COMMUNITY REDEVELOPMENT DIRECTOR AGREEMENTE
GATEWAY TRIANGLE EXECUTIVE
THIS Amendment to the November 1. 2005, Employment Agreement between David L.
Jackson and the Board of the Collier Count. Community Redevelopment Agency is made and entered
into this 27th day of September. 2011, by and between the Collier County Redevelopment Agency
ithe " CRA ") and Day id L. Jackson (the-Employee").
Rj_Q 1 S:
WHEREAS, on March 22, 2005, the parties entered into an Employment Agreement. hiring
Employee as the Executive Director of the Bayshore /Gateway Triangle Redevelopment Area,
retroactive to March 16.2005: and
WHEREAS. on November 1, 2005. the parties entered into a revised Employment Agreement
(the "Agreement).- a copy of which is attached as Exhibit "A ". hiring the Employee to serve as
provided for
Executive Director of the Collier CPA Bayshore Gateway Triangle, which Agreement
term of employment and other terms and conditions of employment: and
WHEREAS, the Agreement has previously been extended and amended on June 26. 2007 and
on April l:. 20 10. a copy of %t hick agreements are attached as Exhibit "B "-. and
WHEREAS, all parties desire to modify the terms of the Agreement in accordance with this
Amendment to clarify their respective rights, expectations and duties hereunder. and
WHEREAS, numbered paragraph 13 of the Agreement allows the parties to amend or modify
that agreement upon a duly adopted and executed amendment in writing.
WITNES5ETH:
NOW. THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration. and in consideration of the mutual covenants contained above and herein, and the fact
that all of the above recitals are true and correct and shall be fully incorporated herein and form part of
the basis for this Amendment, the panics agree as follows (additions in bold, deletions in
Page 1 of 3
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- 5/8/201.2 Item 14.6.3.
1. Page one (1). paragraph one (1) of the Agreement. as amended. is further amended to
read as follows:
APPOINTMENT OF THE BAYSHORE / GATEWAY TRIANGLE
REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken
by the CRA Board at its meeting March 22. 2005. Da% id L. Jackson ("Director') was
selected to be the Executive Director of the Bayshore/Gatc%vay Triangle
Redevelopment Area ("CRA"). retroactive to March 16, 2005.
the eentrary in the Agreemeni, the AgFeement is her�hv amend
assignment of additional dwies and responsibilities fer. the d-iff-Stie
11. Page one (1), paragraph three (3) of the Agreement, as amended, is further amended as
follo++s:
3. DUTIES: The Director shall perform the functions and duties typical of a person in
the position of a Director of a Community Redevelopment Agency as more folk described in
the CRA Executive Director Job Description.
a. Director shall act as the Chief Administrative Officer of the CRA, reporting to
and responsible to the CRA Board and be responsible for the day-to-day
implementation of CRA budget, projects, programs and activities including
CRA staff selection and supervision.
b. Director shall devote X8$6 e€ his full time efforts to the CRA and its mission.
c. Director shall perform such other associated and legally required duties and
functions, as the CRA Board and CRA Advisory Board shall direct.
d. Director agrees to perform all such functions and duties, faithfully,
competently. profrssionally and promptly to the best of Director's ability.
II. Page one (1), paragraph five (5) of the Agreement. as amended. is further amended as
follows:
5. ANNUAL BASE SALARY CRA Executive Director
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5/8/2012 Item 14.6.3.
shall be paid for his services rendered
pursuant hereto at the rate of S =24t9�2�pa�at f Collier Cou Government are paids on the same
dates as professional cmplo }'ces o
Ili. Page two (2). paragraph six (6) of the Agreement, as amended. is further amended as
follows in order to be in compliance with FS215.42i. as amended:
(6) SEVERANCE TERMS AND CONDITIONS: in the event Director is
terminated b }' CRA Board, the CRA Board agrees to pay the Director
20 weeks of the Director's base salan. for termination without cause.
tV. Except set forth this Amendment, cancelled shall full o
effect. Th is Amendment shall amended or by mutual wittenconsent
of the parties.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed b•'
their appropriate officials, as of the date first above written.
Attest:
per/ HT E. BR O K Clerk_
V
Deputy Clerk
Attest as to Chtlrt +
`.. ;lpnature 0414
WITNESSES:
COLLIER COUNTY COMMUNITY
REDEVELOPMEN z ENC ,FL DA
By
Jim Col Chairman
Avorld4tpf Torm and legal sufficiency :
Jeffrey
County
David L. Jackson, Executive Director
Collier County CRA Bayshore Gateway
Triangle
By:
David L. Jackson
Paee 3 of 3
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