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Backup Documents 11/13/2012 Item #12AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 2A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original, documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 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 #4, complete the checklist, and forward to Ian Mitchell pine #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Authority (Initial) Applicable) 2. 10123q2 Agenda Item Number 14 -A -3 'F 3. Amendmen ratified 11/13/12 tem 12 -A) 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK Pee 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners \-23j � � � 2A1 12 6. Minutes and Records Clerk of Court's Office . -- m i�6t Ory sk re, 1� W a, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Chris Curry, Executive Director, Airport Phone Number 642 -7878 X35 Contact Authority (Initial) Applicable) Agenda Date Item was 10123q2 Agenda Item Number 14 -A -3 'F Approved by the BCC Amendmen ratified 11/13/12 tem 12 -A) Type of Document Extension and Amendment to Employment Number of Original Pee Attached Agreement Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2. 08- MGR - 00132/33 9 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/12 and all changes made during JAK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2. 08- MGR - 00132/33 9 12 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 30th 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 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 thfee (3) "' 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. 2 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 °:; BR k "Clerk 131y:WTh" . S x J UM IT TA 71 ut k . �w . - WITNESSES (- 1: �' � 0 e- � Q, /" e- 1-, 4 - Print ame: Print Name: V2 Approv�d a f form i and le ncv Jeffrey County BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. FRED W. COYLE, EMPLOYEE By: J "(2 " THOMAS C. CURRY di 3 12A COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 15''' 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 referred 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. Role 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 may be 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; (1) Be responsible for the administration, management and operation of the airports and airport facilities. (2) Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub - leases, 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 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 Page t of 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. Section 2. Term A. Employee 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 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 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 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. 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 Page 2 of 7 misconduct or willful failure or disregard of Employee's duties under this Employment Agreement. 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 three (3) months 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. Section 5: Resig an tion 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 shall forfeit any payment for accrued leave otherwise due and owing. Section 6: Disability If Employee is permanently disabled or is otherwise 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 Section 4. Section 7: alary 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 (M) 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 (10 %) of the Employee's annual base salary. Page 3 of 7 1-2 A " C. On the date that general wage adjustments (i.e., cost of living adjustments, special 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 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 lst of each fiscal year for implementation in the next fiscal year. Section 9: Hours of Work 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- tithe, which the Employee shall assume full responsibility; provided, however, that 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 manner and means of performance of the duties herein shall 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 agent, except that any act which constitutes willful misconduct or which may be unlawful shall be deemed 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. Section 11: Automobile and Cellular Phone The Authority shall provide a cellular phone and service for the Employee's business use and an automobile reimbursement allowance in the amount of five hundred dollars ($500) 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 15 of this Agreement. Pap 4 of 7 2A _' Section 12: Comprehensivg Benefit Package. 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 Subscriptions 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 15: Professional Deymiopment 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 conferences, which the Authority shall approve in advance. Section 14: lndemnificatigri Tn 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' 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. SgiIion 17; 12onding The Authority shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 18: Other Terms and Conditions gf Employment 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. Page 3 of 7 e WIN Section 19: 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) AUTHORITY: Collier County Airport Authority Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 (2) EMPLOYEE: Thomas C. Curry Notices shall be deemed effective upon delivery or receipt. Section 20: 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 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 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. E. This Agreement shall 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 Page 6 of 7 z�- 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 Agreement, both in duplicate, the month, date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: �y Clerk Att#ft b two iii! s I*atnrs 044. WITNESSES: Print Name: Print Name: Approved as t form and legal u i y; Jeffre BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, serving as the COLLIER COUNTY AIRPORT AU IORITY By: � FRED W. COYLE, CHA N EMPLOYEE att- THOMAS C. CURRY r Page 7 of 7