Backup Documents 05/28/2013 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 2)
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office OS L� S1-z_cAl�•4. BCC Office Board of County S v. 6.(rte
Commissioners r6'ce_c�-taA y- s\3o\V-7-j
5. Minutes and Records Clerk of Court's Office ROC\ 5(3k /13 (0.(OQM
PRIMARY CONTACT INFORMATION 1
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Amy Lyberg Phone Number 252-8262
Contact/ Department J
Agenda Date Item was 5/28/13 J Agenda Item Number 16E3 �/
Approved by the BCC
Type of Document Chief Hearing Examiner Employment Number of Original 1
Attached Agreement Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Ca
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be �
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the 0_
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,p�]/
signature and initials are required. /
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the ti a the item is input into SIRE.
Some documents are time sensitive and require forwarder to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware f your deadlines!
8. The document was approved by the BCC on 5/28/1 and all changes made during
the meeting have been incorporated in the attached document. The County I
Attorney's Office has reviewed the changes,if applicable. i
9. Initials of attorney verifying that the attached document is the version approved by the 0
BCC,all changes directed by the BCC have been made,and the document is ready for t e - 1
Chairman's signature. �J
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16E3
MEMORANDUM
Date: May 31, 2013
To: Mark Strain,
Chief Hearing Examiner
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Employment Agreement
Attached please find one (1) certified copy of the agreement (Agenda Item
#16E3), as referenced above and approved by the Board of County
Commissioners on Tuesday, May 28, 2013.
The original is being kept by the Minutes & Records Department as a part
of the Board's Official Records.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachment (1)
16E3
MEMORANDUM
Date: May 31, 2013
To: Amy Lyberg, Director
Human Resources Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Chief Hearing Examiner Employment Agreement w/Mark Strain
Attached for your records is a copy of the agreement referenced above (Item
#16E3) approved by the Board of County Commissioners May 28, 2013.
The original document is being held in the Minutes and Records Department for
the Board's official record.
If you have any questions, please feel free to call me at 252-84011.
Thank you.
Attachment
16E3
HEARING EXAMINER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of May, 2013, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "County,"
as party of the first part, and Mark P. Strain, hereinafter called "Hearing Examiner," as party of
the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, the County desires to employ the services of Mark P. Strain as a Hearing
Examiner for Collier County, as provided by Collier County Ordinance No. 2013-25, as
amended from time to time (hereinafter referred to as the "Hearing Examiner's Ordinance"); and
WHEREAS, it is the desire of the Board of County Commissioners to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of the
Hearing Examiner; and
WHEREAS, the undersigned desires to accept employment as Hearing Examiner for
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties
The Hearing Examiner shall have the authority, duties and responsibilities as set forth in
Section 5 of the Hearing Examiner's Ordinance.
Section 2: Term
A. This Agreement shall commence effective Wednesday, May 29, 2013, subject to
approval of the Board of County Commissioners, and shall terminate on September 30, 2015.
B. On or before March 30th preceding the then ending year of the Agreement, including
any applicable extensions, the term of this Agreement may be extended for a period of two (2)
years by the mutual written agreement of the County and the Hearing Examiner.
C. Either party may freely terminate this Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall have any
further obligation to the other party. In the event the Hearing Examiner is convicted of any
felony or of any crime involving moral turpitude, the County may by written notice immediately
terminate this Agreement.
Section 3: Salary
A. Employer agrees to pay the Hearing Examiner for his services rendered pursuant
hereto an annual base salary of$110,000, payable in bi-weekly installments.
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16E3
B. On the date that cost of living adjustment is granted generally to Collier County
employees, the Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
Section 4: Hours of Work
The Hearing Examiner shall work those hours necessary to fulfill his powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall be performed
by the Hearing Examiner personally, or through the assistance of such employees as may be
made available from time to time by the County and concerning which the Hearing Examiner
shall assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Hearing Examiner of personal responsibility for the duties set forth herein. The
manner and means of performance of the duties herein shall be determined by the Hearing
Examiner. All acts performed by the Hearing Examiner, explicitly or implicitly, on behalf of the
County, within the scope of his employment, shall be deemed authorized by the County as its
agent, except that any act which constitutes willful misconduct or which may be unlawful shall
be deemed to be an individual act of the Hearing Examiner without authority of the County.
Section 5: Cellular Phone
The County shall provide a cellular phone and service for the Hearing Examiner's use.
Section 6: Benefits and Leave Time
The County will provide the same comprehensive benefits package to the Hearing
Examiner which is currently provided to other County employees. The Hearing Examiner will be
provided a lump sum amount of eighty (80) hours of vacation leave upon approval of the
employment agreement, and shall also accrue vacation and sick leave at the same frequency and
in the same manner as other County employees. The Hearing Examiner shall be eligible for all
County Holidays and Personal Leave time.
Section 7: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify Hearing Examiner against any tort, professional liability claim or
demand or other legal action, including costs and attorneys' fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of Hearing Examiner's duties.
Section 8: Other Terms and Conditions of Employment
The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or any other law.
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E 3
Section 9: Notices
Notices pursuant to this Agreement shall be in writing, transmitted by personal service or
by deposit in the custody of the United States Postal Service, postage prepaid, addressed as
follows:
(1) EMPLOYER: Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Third Floor
Naples, FL 34112
(2) HEARING EXAMINER: Mark P. Strain
3675 Third Avenue NW
Naples, Florida 34120
Notices shall be deemed effective upon delivery or receipt.
Section 10: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Hearing Examiner .
C. This Agreement is a personal services contract and neither this Agreement nor
Hearing Examiner's obligations under this Agreement are assignable.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected, and shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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16E3
IN WITNESS WHEREOF, the County has caused this Agreement to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Hearing Examiner has signed and executed this Agreement, both in duplicate, the month, date
and year first above written.
ATTEST:. .i. BOARD OF COUNTY COMMISSIONERS
DWIGHT E,. 3RpCK, Clerk COLLIER COUN Y, FLORIDA
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HEARING
EXAMINER:
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Witness (signature) Mark P. Strain
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Approve as • form
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By: ''I 1:'' 1
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Cou 1 '1ttorney
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L;;;uty Clerk
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