Backup Documents 09/27/2011 Item #13B1381
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 #13111) 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.
13BI
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 ").
RECITALS:
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 N -,-hich 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.
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 form part of
the basis for this Amendment, the parties agree as follows (additions in bold, deletions in
Page 1 of 3
1381
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. 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. APPOINTMENT UTMENT OF THE EXECUTIVE DIRECTOR FOR BUSINESS
AND ECONOMIC- DEVELOPMENT, Notwithstanding any pr%Wsien to
assignment of additional duties and Fespensibilifies fef: the dUFftfi6H 0
this n ntr- et 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 39°; 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. professionally- and promptly to the best of Director's ability.
.r
II. Page one (1), paragraph five (5) of the Agreement, as amended, is further amended as
follows:
S. ANNUAL BASE SALARY: CRA Executive Director ' Emeentive Direeter f
Page 2 of 3
II. Page one (1), paragraph five (5) of the Agreement, as amended, is further amended as
follows:
S. ANNUAL BASE SALARY: CRA Executive Director ' Emeentive Direeter f
Page 2 of 3
Business -and Eeenomie Development shall be paid for his services rendered
pursuant hereto at the rate of S 124.927 payable in bi- weekly 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 si (6) ...,.nth
20 weeks of the 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 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
Attest:
DW HT E: BRO K, Clerk
U
Deputy Clerk
Attest:: as to Cha Irwd s
i s lice on s w
WITNESSES:
COLLIER COUNTY COMMUNITY
REDEVELOPMEN GENC , FL DA
By:
Jim Cole , Chairman
Jeffrey
County
form and legal sufficiency:
David L. Jackson, Executive Director
Collier County CRA Bayshore Gateway
Triangle
By: �d""
David L. Jackson
Page 3 of 3
1�
EXHIBIT
EMPLO BE EN
DAVID L. JACKSON AND THE BOARD OF THE
COLLIER COUNTY COMMUNITY REDEVLOPMENT AGENCY 13,91
THIS AGREEMENT is made and entered into this 1s` 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 contained, the parties do agree 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'J, 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 terms of this contract renewal for two years (24
months) beginning October 1, 2005 with terms 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 (5110,000.00)
per year, payable in bi- weekly installments on the same dates as professional
employees of Collier County Government are paid.
Page 1 of 3
EXHIBIT-4k-
6. SEVERANCE TERMS AND CONDITIONS: In the event Director is terminated
by CRA 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 performance 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 10% 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 which 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 customary travel and subsistence expenses (in accordance with applicable
Florida law), for Director and his stairs 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 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 Director.
No other rernesentatinm nr ttnderctaneiinoc arw MnA in- ,*. N.o ry A n......a
EXHIBIT
and the Directx w imlar. it, duly adopted and
executed written Amendment to this Agreement.
b. This Agreement shall be construed and administered in accordance with 3 B
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 THIS 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 sighed and executed on its
behalf by its Chair, and duly attested to by its Clerk and approved as to form and legal
sufficiency by the CRA Board General Counsel, and the Director has signed and executed this
Agreement, that day and year first written.
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E. BROCK REDEVELOPMENT AGENCY, FL
BY: ' :moo BY:
:.
uty clerk " DONN
`�_•
its AGREED TO AND ACCEPTED BY
THE EXECUTIVE DIRECTOR
BY: k L ! ,
David L. Jackson
i
Approved as to form and Legal sufficiency:
Mar orie M. Stdddent-StoAg
Assistant County Attorney
Page 3 of 3
Item # t bG l
AWda
II -1 -P
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Recd wClerk I 44JU
XTC- NN 14A 1 381
EXHIBIT_ jvo 2G , 2`o`7
AMENDMENT TO THE NOVEMBER 17 2005, COLLIER COUNTY
COMMUNITY REDVELOPMENT AGENCY BAYSHORE
GATEWAY TRIANGLE EXECUTIVE DIRECTOR AGREEMENT
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 lktb day of &Ak, , 2007, by and between the
Collier CRA, a political subdivision of the State of Florida (the "Employer ") and DAVID L.
JACKSON (the "Employee ").
RECITALS:
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
L--
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 form part of the basis for this Amendment, the parties agree as follows (additions in
bold, deletions in stAket#r-eagh):
L Page one (1), paragraph two (2) of the Agreement is amended as follows:
(2) CONTRACT REVIEW AND RENEWAL: Upon " sempletioR of the 9i*
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.
H. Page two (2), paragraph six (6) of the Agreement is amended as follows:
(6) SEVERANCE TERMS AND CONDITIONS: In the event Director is
terminated by CRA Board, the CRA Board agrees to pay the Director thfas (3) six (6) months of
the Director's base salary for termination without cause.
Page 2 of 3
EXHIBIT 1381
IQ. 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 WPTNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest: ; ' k _ �% COLLIER COUNTY CONUAUNITY
DWIGHrE: Bk6j ,.Clerk REDEVELOPMENT AGENCY, FLORIDA
By,: By:
t' . tl�r Clerk Donna a, airman
ti►st n` t'
WITNESSES:
David L. Jackson, Executive Director
Collier County Cr- ho Gateway Triangle
By:
David L. Jac
Approved as to form and legal sufficiency:
�t . ,
Marjo M. Student = Stirling,
Assistant County Attorney
Page 3 of 3
EXHIBIT
Agenda lternllo
April 13, 20
Page 4 of 10
SECOND AMENDMENT TO THE NOVEMBER 19 2005, COLLIER
COUNTY COMMUNITY REDVELOPMENT AGENCY BAYSHORE
GATEWAY TRIANGLE EXECUTIVE DIRECTOR AGREEMENT, AS
AMENDED JUNE 269 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 _I_p day of , 2010, by and between the
Collier CRA, the Collier Board of County Commissioners, political subdivisions of the State of
Florida (the °`Employers' and DAVID L. JACKSON (the "Employee ").
RECITALS:
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 duty adopted and executed amendment in writing.
Page l of 4
EXHIBIT
WITNESSETH:
Agenda Item I , 8 1
April 13, 2010
Page 5 of 10
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 stAkethreugh):
I. Page one (1), paragraph one (1) of the Agreement is amended as follows:
1. APPOINTMENT OF THE BAYSHORE / GATEWAY TRIANGLE
REDEVELOPMENT AREA EXECUTIVE DIRE TO : 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. APPOINTMENT OF THE EXECUTIVE DIRECTOR FOR
BUSINESS AND ECON0hUC DEVELOPMNT: 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.
1I. Page one (1), paragraph three (3) of the Agreement is 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% of his M time e€feFt&-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
EXHIBIT
I.-) d I
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 4ffcer 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.
E 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:
S. 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.
III. 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
CV-
1 C.
Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, FLORIDA
By. �4-:
Donna iala, Chairman
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Page 3 of 4
EXHIBIT
By:
Fred W. Coyle, Chairman
i3B1
Agenda ItAepol No.
3, 2010
Page 7 of 10
WITNESSES: David L. Jackson, Executive Director
Collier County CPA Bayshore Gateway Triangle
Executive Director for Business and Economic
Development A
�I
Print Name: V�aiw:fta 1hdMk44%6"a-- David L. Jackson
1
a r
A
Jeff
legal sufficiency:
Page 4 of 4