Agenda 12/11/2012 Item #10 HDonna Fiala
District 1
G01,Ll -
Board of Collier County Commissioners
Georgia A. Hiller, Esq.
District 2
Date: November 10 2012
To: County Manager Ochs
Tom Henning
District 3
From: Commissioner Henning, District 3
Fred W. Coyle
District 4
Re: Reconsideration to extend contract with the Airport Director
Please place on the December I Vb BCC agenda
12/11/2012 Item 10. H.
Jim Coletta
District 5
16K -2 from the November 13`" meeting
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.
And
14
A -3 from the October 23`d meeting
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.
3299 Tamia4 Trail East, Suite 303 - Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 239 -252 -3602
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12/11/2012 Item 10.H.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.H.
Item Summary: Request for reconsideration. by Commissioner Henning of Item 16K2 from
the November 13, 2012 BCC meeting titled: 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.
Meeting Date: 12/11/2012
Prepared By
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/29/2012 9:11:48 AM
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1 12/11/2012 Item 10`1-1.
EXECUTIVE SUMMARY
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.
OBJECTIVE: To memorialize the Authority's October 23, 2012 extension of, and amendments to,
the Collier County Airport Authority Executive Director's Employment Agreement.
CONSIDERATIONS: On October 23, 2012, the Authority extended its employment agreement with
Executive Director Thomas C. Curry to September 30, 2015; increased Mr. Curry's annual base salary
by 4 %; increased Mr. Curry's severance pay from three months to 20 weeks; and amended the
agreement to comport with Ch. 2011 -143, Florida Statutes. The attached agreement memorializes
these changes.
FISCAL ITUPACT: The 4% raise converts to a $5,200 per year increase. Three months severance
equals 13 weeks, so the increase in severance to 20 weeks equates to an additional $18,200 for a total
of $52,000 that will be paid only in the event of the contract termination.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the Extension and Amendment
Agreement. 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, 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.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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12/11/2012 Item 10. H.
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COLLIER COUNTY AffOORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and eatxW lore this iS'b day of September. 2010, by and
between the Collier County Hoard of County � in their capacity as the governing
body of the Collier County Airport Authority (ha vinalker refirt to as the "Authority"), and
Thomas C. Curry (haeirtatber referred to as the "EvVloyee").
wffNMETH:
WHEREAS, the Authority desires to wVloy the services of Thomas C. Curry as its
Executive Director, and
WHEREAS, it is the desire of the Anaxwky to provide certain benefits. to establish certain
conditions of employment, and to at wo*k% conditions for this position: and
WHEREAS, Thomas C. Curry desires to accept employment as the Executive Director of
the Coilier County Airport Audnor'ity.
NOW, THEREFORE, in consideration of the annual covenants (herein contained, the
Parties agree as follows:
Section 1.. Role and Duties The role and dodos of the Executive Director are as set forth in
Ordinance 2010 -10. and the Airport Au writy Administrative Code. as both may be amended from
time to time. Until so amended, the rok and duties of the Ementive Director "I be as follows:
(a) The Exacmeve Dir+octor shall be the chief operating of tic er of the Authority. All
executive and administrative responsibilities and powers specified herain shall be assigned
to and vested in the Executive Director.
(b) The Executive Director shall work under the direction of the Authority.
(c) The ExecWve Uit+ecior shall:
(1) ft responsible for the administration, monagement and operation of the
airports and airport facilities.
(2) Formulate and prepare moons regarding policies, rules and
re gulotiam►. directives, piograers, agrccrncntx, sub - icons, Itasca, contracts,
and all other documents which require coasidaratiom action, or approval of
the Authority.
(3) Implement all lawful directives of the Authority.
(4) Prepare annual budgets and the amrmnal reports for approval of the Authority
and the Board.
(S) Recusnmend emtploymew o£ direct, supervise, and recommend personnel
actions regarding Authority a mpioyees in accordance with the County's
Hun= Resources Pohiciex and Pmc duns, except to the extent those policies
and pwcedurn do not apply to the Authority as exempted by the Authoritys
?w t am
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1 12/11/2012 Item 10_1-1.
Adminstrative Code. The Execu&@ Director shall also direct and supervise
p of ssroaal service providers =Vpd by the Authority.
(6) Cry out such other powers and daties ra may lawftdly be assigned by the
Authority.
A. Employee agrees to rennin in the exclusive employ of the Authority until
September 30, 2013. from the sOctive 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 Agivanent.
B. Neither patty has any right to t+enew► or extmd duds Agreement. However. on or
before September 301h of the year immediately preceding the then ending year of
ties Apeetrrexti, including any applicable eutensionk the term of this Agreement
may be extruded for a period of two (2) years by the mutual written agoerneht of
the Authority and the Enwioyee. Although both parties retain the right rem to
Wend this Agreement with or without reason or cause, it is contemplated that the
Authority will base its dwWon 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 awcessfilty =Wave goals mutually developed and agreed
to by the Employee and the Authority. Notwithstanding the foregoing. the end date
of the first reunion UM if implemesMd. will be September 30th, so that the term
of this Agreement will ultimately eorrGghond with the Cmmty'a fiscal year.
C. Nearing the conclusion of the initial employment period, and any applicable
eatensiotts, the Empbymeat Areerttma muy be re gpdatsd by the Authority. Tbe:
Employee shall be given one hundred- eighty ( 180) days notice of Authority's intern
to renegotiate the Agreetnew or to allow the Agreement to more widtmm
ramptiation In the ave m the Autbority's notice is not to remegotiate, but for the
Agreement to expire, no salary and deferred congx union severance payment nor
insurance benefits shall be provided Employee or his dependents upon the
expiration of the Agreernent. Ele menus of this Agrcerorat may be changod at any
time when mutually agreed upon in writing by the Authority and the Employer.
The Authority may suspeand the Employee with full pay and bcoefits 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 CUM provided, bowera, that Employee shall have been given written notice
setting forth arty eA gen at least ten (10) days prior to such hearing by the
Authority's members bringing such charges. Just cause shall include only willful
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12/11/2012 Item 10. H.
1 Is Imo. 11v41.
or willful failure or disregard of Employee's duties under this
Employment Agreement.
Section 4• Tennination and Segrance Pair
Subject to the provisions of this Agmment, the Executive Director tray be to.. b ated,
with or without cause, by an affinnaRitve vote of the majority manbership of the Authority.
In the event this Employment Agreement with Empl"� is terminated by the Authority
before expiration of the aforessid term of employtttent and during such time that Employee is
willing and able to perform his duties under this Apvemw4 duet. and only in that event, the
Authority agrees to pay Employee, in addition many amotmis then due Employee including any
unused leave, a lump stun cash payment within tea (10) working days after the effective date of
termination, an amount equal to three (3) smooths 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 tarnioate Employee's employment without notice and without any
obligation to pay any aggregate severance stem or to provide post-tem ination insurance benefits
described in the above pingraphs.
Section S: Resign
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 real^ providing Employer with leas than thirty (30) days notice,
Employee shall forfeit soy payment fur accrued leave otherwise due and owing.
Segion 6: Disability
If Employee is permanently disabled or is odwrwiw unable 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 severance pay requirements of Samson 4.
Section 7: 3alary
A. Employer agrees to pay Employee for bis swAces rendered pursuant hereto an
annual ban salary of $ 134.000 payable is 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 performarce-
based merit system through which the Employee may be eligible for a merit
adjttsunent upon the successful corrq"on of moesurabla goals and objectives to be
completed or attained by the Employee daring each fiscal year of this Agreement.
Any annual pafatnuanoe -besad merit adjustment shall not exceed a maximum of
test percent (10%) of the Empit yee's amoral base salary.
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12/11/2012 Item 10. H.
C. On the date that gametal wage 4ustmeah; (i c. cost of living adjustmates, special
study pay adjustmcMx� OW.) are granted 8eMW1Y to Collier County employe:ex,
Employee's base salary shall be modified to wflect the gemetal wage adjustment
Veined to otter Comity employees.
Section 8: Perf nmence Evaluation
The Employer shall rcview and evaluate the performers of the Bmployee in accordarice
with the I & a-bmd merit sysraa ac 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 lst thereaft for the tam of this Agreement. A
summary of all evaluations will be prepared by the Board Chair and Employee irscluding any
rxarntnended merit wage 4ustme nt. A merit system wage adjustmenk if say, will take effect on
October 1, 2011. mad each October lat thereafter for the tam of this Agreement. An updated
performance merit system for Employee will be deveiaped in good fifth between the Authority
and Employee and adopted by the Authority prior to October 1st of each fiscal year for
implementation in the next fiscal year.
,Mien 4, Hours of Work
All duties spied hereunder shall be pafamW 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 lull reapoosibil+ty, provided. however, that nothing herein shall
be deemed to absolve the Employee of personal responsibility for the duties sot forth herein. The
Employee shall be "on -call" t runty -fwx (24) hones a day, available to per fix said duties and
agrees to make himself avadable as needed during said period. The manner and means of
pe tformatzce of the duties here;, shall be demmimed by the Employee. All acts parfinmted by the
Employee:, explicitly or ietitiicitly, on behalf of the Authority, within the scope of his exrtployme nt,
shall be deemed ordered by the Awbority as its ageamt, except that any act which constituters
willful misconduct or which may be unlawful sbaA be deemed w be an individual act of the
Employee wither authority of time Authority or the County.
Section 10: Outside Activities
The Employee agrees to =main in the exclusive employ of the Authority while employed
by the Authority.
SMajme 1 L • Automobile seat Cellular fbome
The Authority shall provide a oelhdw phone and service for then Ernpioyee's busiam use
and an autcmtolnic reimbursement alltrwanee in the amount of five hundred dollars (SSW) per
month in a ldition to the salary set forte in Section 7. Travel in excess of I mikes each way will
be considered professional development and will be prue essed is aovordance with Section L5 of
this A cement.
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12/11/2012 Item 10_H.
The Authority *BMW to provide the . benefit packager to the Employee which
is currently provided to Director level personnel of Collier Cormy Government, including
relocation TF i up to Otte morhth'I salary upoat presentation of awase receipts.
E Vloyee shall also be eligible for up to $3,000 in cub march to an eligible 457 deferred
retirement pen.
The Employee shall accrue vacation in the amount of three weeks per year (accrued bi-
weekly). Holiday and sick leaver; will accrue at the same fivquCncy and in the same oxen er as
cuawdy provided to Director level personnel of Collier County Government.
The Authority agrees to pay for the reasonable and customary professional dues and
subscriptions of Employee newssary for his continued professional development, including
pertinent national, repowd, spate, and local associations and alanizationa.
The Authority agrees to pay for the reasonable and customary travel expmaaes (as set forth
in County policy and Florida law) for the Employee and his stairs travel and auendance 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
hartniew and indemnify Etployee armst any tort, professional liability claim or demand or other
legal awtion, including coats and attorneys' fees relating tberew whether groundless or otherwise,
arising out of as alloptl act or omission occurring in rite performance of Employee's duties as
Executive Director.
The Authority shall bear the full toot of any fidelity or other bonds rawred of the
Employee under any law or ordinance.
The Authority and the Employee shall Fix say such other terms and condiu ms of
employment as they may determine !Perm time to tune, rakning to dw poformance of Employee.
provided such ter1 and conditions are tot inconsis cot with or is conflict with the provisions of
this Agmernent or any other law.
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Notices pwsuarrt to d* Agree t shall be w writing, ttatamitted by paWnal Service or
by deposit in the custody of the United Stator p"W Savice, pmW prepaid, addressed as
follows:
(1) AUrHOR1TY: Collier County Airport Autborky
Board of County Comimtsawners
Collier Coatuy Governamll Center,
3301 East TamiwW Trail
Naples, Florida 34112
(2) EMPLOYEE: Thown C. Curry
Notion shall be deemed effective upon delivery or macipt.
A. 7be Next herein shall constitute the entire sgmetnerrt between the parties.
B. This Agreement shall be binding upon sand inure to the benefit of the heirs at law
and executors of Employee.
C. This Agreement is a personal services coturset and neither this Agreement nor
EaVloyee's obhgad= ntrder this Agreement an assignable.
D. If any provision, or Say portion them contained in this Agreement is held
mmwatinttional, mvand or unetdnecable, the remainder of this Agreement, or
portion thereof; shall be deemed sevaable, shall not be affected. and shall remain in
tau form and effect.
E. This Agreement shed be deemed to bave been made in Collier County, and shall be
governed by and cowed undo the laws of the Stamp of Florida. The parties shall
amt in good Sift to moive any diaparte coomning this Ayreenuot through
anp ation between audwrized tepresenattives. If these efforts ass not successfuL
either party may theft isle as action in the Circuit Court of Collier County, which
shall be tht exclusive venue with reispsct to any dispow arising out of this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE 70 FOLLOW
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12/11/2012 Item 10. H.
IN WrrNESS WHERFAF, toe Authority has carved this Agreame:zt to be sigwd sad
executed on its b"f by its Clio, and duly MOW by its Clak to the Board, wd the
EntPlnyee hu signed and ate:.wd this Apoo nettle both w doomm the month, date ad yor
first above written.
Atta t BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK. awk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT A ORITY
By: gy;
Clem FRED W. COYLE, CI3
AttNt " te �
j rjoatw a m1•
WITNESSES: EMPl pyEE
or. C! J
Print Name: THOMAS C. CURRY
Prins Name:
as to form and
Ing
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