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Agenda 09/27/2011 Item #16B1 Agenda Changes Board of County Commissioners Meeting September 27, 2011 Item 9B: Vacancy for District 2 Planning Commissioner to be re-advertised and continued to a subsequent BCC Board Meeting. (Commissioner Hiller's request) Add Item 9D: Recommendation to appoint 2 Commissioners as regular members, 3 Commissioners as alternate members to the Value Adjustment Board. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. (Requested by the Executive Manager of the BCC) Item lOA: Add Commissioner Hiller's evaluation of the County Manager to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Continue Item 10D to the October 11. 2011 BCC Meeting: Recommendation to approve and ratify staff's unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staff's unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. (County Attorney's request) Move Item 10L to 16A16: Recommendation to approve the Ribbon Cutting Ceremony for the new Transit Route between Collier County and Lee County to be known as the "LinC" and to authorize the Chairman to sign all applicable agreements associated with use of private property for the event scheduled for October 6,2011. (Commissioner Henning's request) Item 11A: Add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Item 13Al: Add Commissioner Hiller's evaluation of the Airport Authority Executive Director to this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Withdraw Item 16AI0: Recommendation to approve Request for Reimbursement as an exception to the County Manager Agency Organization Code ("CMA") # 5346, Reimbursement of Relocation Expenses in the amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic Operations for the Growth Management Division. (Staffs request. Need for additional review of back-up materials) Move Item 16A15 to Item 10M: Recommendation to direct the County Manager or his designee to amend the Collier County Land Development Code (LDC) and Right-of-Way Ordinance in regards to storage containers, Planned Unit Development (PUD) Annual Monitoring Reports, specific standards for the location of accessory buildings and structure provisions to include Personal Storage Containers (PODS), number of dogs allowed in residential districts, and exceptions to a Right-of-Way (ROW) permit meeting specific criteria. (Commissioner Hiller's request) Move Item 1681 to Item 1381: Recommendation that the Collier County Community Redevelopment Agency (CRA) approves and executes an amendment to the employment agreement between the CRA and David L. Jackson, the 8ayshore Gateway Triangle CRA Executive Director, extending the term of employment four years and modifying severance terms, and authorize the CRA Chairman to sign. (Commissioner Hiller's request) Move Item 16D9 to Item 10N: Recommendation to approve a budget amendment recognizing $284,110.45 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. (Fiscal impact $284,110.45) (Commissioner Hiller's request) Continue Item 16E2 to the October 11. 2011 BCC Meeting: Recommendation to approve a Revenue Commitment Contract with Naples News Media Group to receive discounted pricing on advertising. (Staffs request to clarify the language in the recommendation section of the executive summary.) Continue Item 16F5 to the October 11. 2011 BCC Meeting: Recommendation to approve the Fiscal Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB). (Staffs request) Add Item 16H2: Proclamation recognizing the heroic actions of Chokoloskee resident Dwain Daniels when he rescued ninety-year old Margaret Webb who was being attacked by an alligator. The Proclamation designates September 24,2011 as "Dwain Daniels Day". Per Ordinance Number 2011- 17 a majority vote of the Board is required to add this document to the agenda since it was submitted following the publication of the printed agenda. Sponsored by Commissioner Henning. Time Certain Items: Item 101 to be heard at 11:00 a.m. ~ Items 8B and 17 A requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Item 16B3 fiscal impact should read: Of the $400,00.00 $400,000.00 in the FY-2011 budget, $384,965.94 has been awarded by the CRA Board and $15,034.06 remains. (Commissioner Fiala's request) Item 16C3: The work order made part of the agenda back-up is dated September 2, 2011. The County Attorney's Office has requested that this date be changed to the BCC approval date, September 27, 2011, if this item is approved by the Board. Item 16G2: The date referenced for the event is incorrect. The first event for the 38th Annual Sun-n- Fly Event in Lakeland Florida is scheduled for March 27 through April 1, 2012. 9/27/2011 9:47 AM 9/2712011 Item 16.8.1. EXECUTIVE SUMMARY .~ Recommendation that the Collier County Community Redevelopment Agency (CRA) app.rove8. and . executes an amendment to the employment agreement between the CR.A and David 1... J.dcIon, the Bayshore Gateway Triangle CRAExecu,tive Director, extending the term of employment fou.. years and modifying severance terms, and authorize the eRA Chairman to sign. --------------------------------------------------------------------------------------------------------------------------- OBJECTIVE: To receive Collier County Community Redevelopment Agency (CRA) approval to execute 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. BACKGROUND: OnJv1arch 22, 2005 the CRA Board entered into an employment, agreement with David L. Jackson to serve as the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area. On November 1, 2005, the CRA Board extended the employment agreement to two years and revised the agreement's terms to provide for COLA and Merit Pay. On June 26,2007, the CRA Board extended the employment agreement for four years to September 30, 2011 and modified the severance terms. On April 13, 20n, the CRA Board and Board of County Commissioners jointly agreed to modify the employment agreement '... to include an assignment of additional duties and responsibilities for the duration of this contract' as the Collier County Executive Director of Business and Economic Development. Man hours were allocated evenly at 50%.50% to each mission. CONSIDERATIONS: On September 30, 2011 the Executive Director's employment agreement will expire unless an amendment extending the service date is authorized. . ~ On June 7, 2011 the Local CRA Advisory Board discussed the Executive Director's employment agreement and unanimously agreed to recommend to the CRA Board to: , 1. Extend the CRA portion of the employment contract with the Executive Director for four (4) years until September 30,2015, . 2. Modify the existing agreements' severance termsfrom six months to 20 weeks of the directors base salary for-termination without cause to be in compliance with FS215.425, as amended, and 3. All other terms of the employment agreement remain intact. ' This amendment does not execute a continuance of the Executive Director of Business and Economic Development portion of the current service agreement (Exhibit A). FISCAL IMPACT: There is no change in the Director's total amount of CRA compensation ($124,9.27 salary plus benefits). Funds are appropriated in the CRA Trust Fund (Fund 187) each fiscal year. GROWTH~AGE~NT IMPACT: None. LEGAL CONSIDERATlpNS: This item has been reviewed by the County Attorney and is legally sufficient for Board action. A majority vote is required for approval. - JAK RECOMMENDATION.:Tbat 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. ~ Prepared by: David Jackson, Executive Director, Bayshore Gateway Triangle CRA Packet Page -1437- 9/27/2011 Item 16.8.1. ..-., COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1. Item Summary: Recommendation that the Collier County Community Redevelopment Agency (CRA) 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. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) Meeting Date: 9/27/2011 Prepared By Name: JacksonDavid Title: Executive Director, CRA, 9/10/2011 2:33:40 PM ..-., Submitted by Title: Executive Director. CRA, Name: JacksonDavid 9/1 0/2011 2:33:41 PM Approved By Name: JacksonDavid Title: Executive Director, CRA, Date: 9/14/2011 1:35:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 3:06:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 3:14:21 PM ..-., Name: FinnEd Date: 9/19/2011 5:03:22 PM Packet Page -1438- 9/27/2011 Item 16.8.1. ,--- Name: OchsLeo Title: County Manager Date: 9/20/2011 9:31 :32 AM ,-.. --- Packet Page -1439- 9/27/2011 Item 16.8.1. .--- THIRD AMENDMENT TO THE NOVEMBER 1, 2005, COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BAYSHORE GATEWAY TRIANGLE EXECUTIVE DIRECTOR AGREEMENT THIS Amendment to the November 1, 2005, Employment Agreement between David L. Jackson and the Board of the Collier County Community Redevelopment Agency is made and entered into this 27th day of September, 2011, by and between the Collier County Redevelopment Agency (the "CRA") and David L. Jackson (the "Employee"). RECIT ALS: ..-... 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 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 and on April 13, 2010, a copy of which agreements are attached as Exhibit "B"; and WHEREAS, all parties desire to modify the terms of the Af,'reement 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. WITNES SETH: NOW, THEREFORE, in consideration ofTen 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 parties agree as follows (additions in bold, deletions in striketMough): ...-... Page 1 of3 Packet Page -1440- 9/27/2011 Item 16.8.1. ~ 1. Page one (1), paragraph one (1) of the Agreement, as amended, is further amended to read as follows: 1. 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. David L. Jackson ("Director") was selected to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area ("CRA"), retroactive to March 16, 2005. a. ;\PPOINTMENT OF THE EXECUTIVE DIRECTOR FOR BUSINESS "'\..~D ECONOMIC DEVELOPMENT: NotwithstaRdiRg aRY provisioR to the eORtrary iR the '-"",greemeRt, the ;4-",greemeRt is hereby ameRded pursaaRt to CR..A1 aRd BCC Board aedoR takeR this day, to iBelude aR assigRmeRt of additioRal duties aRd respoRsibilities for the duratioR of this eORtraet term. II. Page one (1), paragraph three (3) of the Agreement, as amended, is further amended as follows: 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 fully 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 50~/u of 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, professionally and promptly to the best of Director's ability, ,.-.. e. The Exeeutive Direetor for BusiRess aRd EeoRomie DevelopmeRt shall aet as the Chief "A1dministrative Offieer of the Collier ~ouRty eeoRomie deYelopmeRt programs, reportiRg to aRd respoRsible to the CouRty MaRager of Collier CouRty nd be respoRsible for the day today implemeRtatioR of the ecoRomie developmeRt Budget, projeets, programs aRd activities iReludiRg staff supen'isioR, if assigRed. f. lie shall devote 59~/u of his time to the eeoRomie de>/elopmeRt missioB. g. He shaH perform the fURetioRs RIld duties typieal of a peFSoR iB the position of a BusiRess and EeoRomie Development "A..dministrator of a COURty as more. fuHy deseribed iR Exhibit ;\ (ClassifieatioB SpeeifieatioR). II. Page one (1), paragraph five (5) of the Agreement, as amended, is further amended as follows: ' ---.. 5. ANNUAL BASE SALARY: CRA Executive Director ! Exeeutp\'e Direetor for Page 2 of3 Packet Page -1441- 9/27/2011 Item 16.8.1. ,.-.. BusiRess BRd EeOBomie DevelopmeRt shall be paid for his services rendered pursuant hereto at the rate of S 124.927 payable in bi-weeklv installments on the same dates as professional employees of Collier County Government are paid. III. Page two (2), paragraph six (6) of the Agreement, as amended, is further amended as follows in order to be in compliance with FS215.425, as amended: (6) SEVERANCE TERMS AND CONDITIONS: In the event Director is terminated by CRA Board, the CRA Board agrees to pay the Director six (6) months 20 weeks ofthe Director's base salary for termination without cause. IV. Except as set forth in this Amendment, the Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the parties, IN WITNES S WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, FLORIDA ,--., By: , Deputy Clerk By: Jim Coletta, Chairman WITNES SES: David L. Jackson, Executive Director Collier County CRA Bayshore Gateway Triangle By: Print Name: David L. Jackson Print Name: Approved as to form and legal sufficiency: --.. Jeffrey A. Klatzkow, County Attorney Pa!!e 3 of 3 Packet Page -1442- . I 9/27/2011 Item 16.8.1. - - EMWLOYMENTAGREEMENTBETWEEN DAVID L. JACKSON AND THE BOARD OF THE COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY .-.... THIS AGREEMENT is made and entered into this 1 st day of November 2005, by and between the Board of the Collier County Community Redevelopment Agency (the "CRA Board", and David L. Jackson. In consideration of the mutual covenants herein containecL the parties do agree as follows: 1. APPOINTMENT OF TIffi BA YSHORE / GA TEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its meeting March 22, 2005, David L. Jackson ("Director") was selected to be the Executive Director of the Bayshore/Gateway Triangle Redevelopment Area ("CRA"), retroactive to March 16,2005. 2. CONTRACT REVIEW AND RENEWAL: Upon the completion of the six month probationary period in September 2005, and the completion of a Performance Evaluation pursuant to paragraph 7 below, the CRA Board at its meeting on November 1, 2005 agreed to the tenns of this contract renewal for two years (24 months) beginning October 1,2005 with tenns as described below. 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 ~ fully 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 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, professionally and promptly to the best of Director's ability. 4. RESIGNATION: In the event Director voluntarily resigns his position with the CRA Board, then 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: Director shall be paid for his services rendered pursuant hereto at the rate of One Hundred Ten Thousand Dollars ($110,000.00) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. . ~, Page I of 3 Packet Page -1443- 9/27/2011 Item 16.8.1. .-.... 16Gl 6. SEVERANCE TERMS AND CONDITIONS: In the event Director is terminated by eRA Board, the CRA Board agrees to pay the Director three (3) months of the Director's base salary for termination without cause. 7. PERFORMANCE EVALUATION AND MERIT PAY: Annually the CRA Board agrees to review and evaluate the perfonnance of the Director one month prior to the anniversary of this contract. The CRA Board shall provide the Director with a written summary statement of the findings of the Board and provide adequate opportunity for the 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 Director may receive a merit pay bonus check at a minimum of 3% to a maximum of 100,/0 of base pay. The Director's annual base salary will be adjusted annually by the same cost of living allowance (COLA) rate for all County employees as determined by the Board of County Commissioners. 8. BENEFIT PACKAGE: CRA Board agrees to provide comprehensive benefit package for Director equal to that whi~h is currently provided to professional personnel of Collier County Government. ..-... 9. SICK. VACATION. PERSONAL AND HOLIDAY LEAVE: Director shall accrue 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. Director will receive a 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 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 eustomary travel and subsistence expenses (in accordance with applicable Florida law), for Director and his staff's travel and attendance at any meetings and conferences. which the CRA Board shall approve. 12. INCIDENTAL EXPENSES: 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 reimbursement for such other business related expenses as may be approved by the eRA 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 Director. No other representations or undeNt21ndings are binding on the CRA Board Packet Page -1444- Page 2 of 3 9/27/2011 Item 16.8.1. - -u- and the 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. SEVERABILITY: Should any provision of the Agreement be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the Agreement as a whole, or any part thereof, other than the part declared to be valid. 15. EFFECTIVE DATE OF TInS AGREEMENT: This Agreement shall become effective upon execution by both parties and as otherwise stated in Paragraphs 2. IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency, County of Collier, State of Florida, has cause this Agreement to be signed and executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to fonn and legal sufficiency by the CRA Board General Counsel, and the Director has signed and executed this Agreement, that day and year first written. A TIEST: DWIGHT E. BROCK COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, FL ~BY: ~ ~ nONN. Ar"A~ ~ AGREED TO AND ACCEPTED BY TIIE EXECUTIVE DIRECTOR //1 (ff Y1'~x.1 BY: /(J(;L--~5 David L. Jackson. ,; / ~/ Approved as to form and Legal sufficiency: ltam# 1 be} 1 Agenda 11- \ - DC Dale :,::; ~~~d 11-'7-65> ~~~J,. Page 3 of 3 Packet Page -1445- - 9/27/2011 Item 16.8.1. -1-.-., '1'- JV~c ll.., 2JO? .-- AMENDMENT TO THE NOVEMBER 1,2005, COLLIER COUNTY COMMUNITY REDVELOPMENT AGENCY BA YSHORE GA TEW A Y TRIANGLE EXECUTIVE DIRECTOR AGREEMENT TIDS Amendment to the November 1, 2005, Collier County Community Redevelopment Agency ("Collier CRA") Bayshore Gateway Triangle Executive Director Agreement (the "Amendment") is made and entered into this lJL.th day of J<.t.~ ,2007, by and between the Collier CRA, a political subdivision of the State of Florida (the "Employer") and DAVID L. JACKSON (the "Employee"), RECIT ALS: WHEREAS, the parties entered into an Executive Director Agreement on November 1, .-- 2005 (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, both parties desire to extend and modify the terms of the Agreement in accordance with this Amendment to clarify their respective rights, expectations and duties hereunder; and WHEREAS, both parties desire to fully clarify and resolve various issues concerning their respective rights, expectations and duties under the Companion Agreement; 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, .-- Page 1 of 3 Packet Page -1446- 9/27/2011 Item 16.8.1. ~ WIT N E SSE T H: 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 parties agree as follows (additions in bold, deletions in strikethrough): 1. Page one (1), paragraph two (2) ofthe Agreement is amended as follows: (2) CONTRACT REVIEW AND RENEWAL: Upon the eompletim'i of the six month probationlU')' ~eriod iR September 2005, and the osmfJletion of a PerformaRS! Evah:latioR pl:lrsH8nt to paragrafJA 7 below, tAe CR.^-- Roare at its meeting SR No':ember 1, 2005 agreed to the .~ terms of this eORtract r'0Bev:aI for two years (2'1 m01'lths) beginRi1'lg Oerober 1,2005 .....itR terms as described below. Notwithstanding any provision to the contrary in the Agreement, the Agreement is hereby extended for a period of four (4) years, whereby the employment termination date shall be September 30, 2011, unless this Agreement, as amended, is extended or renegotiated as provided therein. n. Page two (2), paragraph six (6) of the Agreement is amended as follows: (6) SEVERANCE TERMS AND CONDmONS: In the event Director IS terminated by CRA Board, the CRA Board agrees to pay the Director thn~e (3) six (6) months of the Director's base salary for termination without cause. ~ Page 2 of 3 Packet Page -1447- 9/27/2011 Item 16.8.1. ,-, m. Except as set forth in this Amendment, the Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. .-.... Approved as to fonn and legal sufficiency: " - Gt ~. , (f(.~~ J h i (J.l (,0.'=- '.' "--~,~ Marjo" M. Student-StIfhng, 0 Assistant County Attorney .-, COLUERCOUNTYCO~ REDEVELOPMENT AGENCY, FLORIDA By: @._...-., et4'- Donna F a, Chairman David L. Jackson, Executive Director Collier County CR hOT Gateway Triangle By: ......J Page 3 of 3 Packet Page -1448- 9/27/2011 Item 16.8.1. Agenda Item No. 16G1 April 13, 2010 Page 4 of 10 .-, SECOND AMENDMENT TO THE NOVEMBER 1, 2005, COLLIER COUNTY COMMUNITY REDVELOPMENT AGENCY BA YSHORE GA TEW A Y TRIANGLE EXECUTIVE DIRECTOR AGREEMENT, AS AMENDED JUNE 26, 2007 THIS Amendment to the November 1, 2005, Collier County Community Redevelopment Agency ("Collier CRA") Bayshore Gateway Triangle Executive Director Agreement (the "Amendment") is made and entered into this nth day of A pr '. L 2010, by and between the Collier CRA, the Collier Board of County Commissioners, political subdivisions of the State of Florida (the "Employers") and DA VID L. JACKSON (the "Employee"). R E C I TAL S: WHEREAS, the CRA entered into an Executive Director Agreement on November 1, ,-.... 2005 (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, all parties desire to extend responsibilities and modify the terms of the Agreement in accordance with this Amendment to clarify their respective rights, expectations and duties hereunder; and WHEREAS, all parties desire to fully clarifY and resolve various issues concerning their respective rights, expectations and duties under the Companion Agreement; 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, ~, Page 1 of 4 Packet Page -1449- 9/27/2011 Item 16.8.1. Agenda Item No. 16G1 April 13, 2010 Page 5 of 10 ,.-.. WITNESSETH: 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 fonn part of the basis for this Amendment, the parties agree as follows (additions in bold, deletions in stril(t!ltnrough): 1. Page one (1), paragraph one (1) of the Agreement is amended as follows: 1. APPOINTMENT OF THE SA YSHORE I GA TEW A Y TRIANGLE REDEVELOPMENT AREA EXECUTIVE DIRECTOR: Pursuant to an action taken by the CRA Board at its meeting March 22, 2005, David L. Jackson ("Director") was selected to be the Executive Director of the Bayshore/Gateway .-.. Triangle Redevelopment Area ("eRA"), retroactive to March 16, 2005. a. APPOINTMENT OF THE EXECUTIVE DIRECTOR FOR BUSINESS AND ECONOMIC DEVELOPMENT: Notwithstanding any provision to the contrary in the Agreement, the Agreement is hereby amended pursuant to CRA and BCC Board action taken this day, to include an assignment of additional duties and responsibilities for the duration of this contract term. II. Page one (l), paragraph three (3) of the Agreement is amended as follows: 3. DUTIES: The Director shall perfonn the functions and duties typical of a person in the position of a Director of a Community Redevelopment Agency as more fully 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 50% of his fuH 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, professionally and promptly to the best of Director's ability. Page 2 of 4 Packet Page -1450- 9/27/2011 Item 16.8.1. Agenda Item No. 16G1 April 13. 2010 Page 6 of 10 ---., e. The Executive Director for Business and Economic Development shall act as the Chief Administrative Officer of the Collier County economic development programs, reporting to and responsible to the County Manager of Collier County and be responsible for the day-to- day implementation of the economic development budget, projects, programs and activities including staff supervision, if assigned. f. He shall devote 50% of his time to the economic development mission. g. He shall perform the functions and duties typical of a person in the position of a Business and Economic Development Administrator of a County as more fully described in Exhibit A (Classification Specification). II. Page one (1), paragraph five (5) of the Agreement is amended as follows: 5. ANNUAL BASE SALARY: CRA Executive Director I Executive Director for Business and Economic Development shall be paid for his services rendered pursuant hereto at the rate of $124,927 payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. Ill. Except as set forth in this Amendment, the Agreement shall remain in full force and effect. This Amendment shall only be amended or cancelled by mutual written consent of the parties. ,-....... IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK, Clerk ~l~Pdla~~Jc . AUett.....o.to ~ Clerk JiiNtn en." ' COLLIER COUNTY COMMUNlTY REDEVELOPMENT AGENCY, FLORIDA By' rg~ tih '-' . ' ' - ;i,!,.,~t Donna iala, Chairman '..... . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,-. Page 3 of4 Packet Page -1451- 9/27/2011 Item 16.8.1. Agenda Item No. 16G1 April 13, 2010 Page 7 of 10 ~ By: Fred W. Coyle, Chairman ~':~.t L tN c~> .' WITNESSES: David L. Jackson, Executive Director Collier County CRA Bayshore Gateway Triangle Executive Director for Business and Economic Development ~Ahtt:/i.,,4L1u; .~ By: Print Name: ~~......:.. 1-tl1V-.A("'I<"o/'\ ~ Print Na : -' _ C) tJrcx:..{L-- --. and legal sufficiency: ~ Page 4 of 4 PacketPage-1452-