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Agenda 05/14/2019 Item #10A (Hearing Examiner 2 yr Extension)05/14/2019 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review and approve the proposed two- year extension to the Employment Agreement for Mark Strain, Hearing Examiner. _____________________________________________________________________________________ OBJECTIVE: Recommendation that the Board of County Commissioners review and approve the proposed two-year extension to the Employment Agreement for Mark Strain, Hearing Examiner. CONSIDERATIONS: The Hearing Examiner reports directly to the Board of County Commissioners. The Hearing Examiner's Agreement may be extended for two years as provided for in the Agreement. Attached to this Executive Summary is the Hearing Examiner’s existing Agreement. The intent is to renew this Agreement for two years under the same terms and conditions as the original agreement. This will be the third extension to the Agreement. No change in original terms or conditions is proposed except for this extension. The Agreement will be extended to September 30, 2021. Since October 2013, the Hearing Examiner has resolved 219 land use actions. Prior to creating the Hearing Examiner’s office, these land use actions would have required approximately 365 hearings before the Planning Commission and/or the Board of County Commissioners. In addition, the Hearing Examiner has periodically provided recommendation reports to the Board, as a result of special hearings that were held at Board direction. FISCAL IMPACT: Salary and benefits as set forth in the attached agreement; costs of maintaining the Office of the Hearing Examiner as set forth in the Board of County Commissioners adopted budget. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. Majority support of the Board is required for approval. - JAK RECOMMENDATION: The Board of County Commissioners reviews and approves the attached proposed Third Extension to Hearing Examiner Employment Agreement, and authorizes the B oard Chair to sign the extension agreement. Prepared by: Mark Strain, Hearing Examiner ATTACHMENT(S) 1. Third Extension (proposed) 5.14.19 (PDF) 2. Hearing Examiner Employment Agreement 5.28.13 (PDF) 3. First Extension 7.7.15 (PDF) 4. Second Extension 3.28.17 (PDF) 10.A Packet Pg. 292 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doc ID: 8768 Item Summary: Recommendation that the Board of County Commissioners review and approve the proposed two-year extension to the Employment Agreement for Mark Strain, Hearing Examiner. Meeting Date: 05/14/2019 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 04/25/2019 9:57 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/25/2019 9:57 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/25/2019 2:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2019 11:51 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/01/2019 11:24 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/05/2019 9:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 10.A Packet Pg. 293 10.A.a Packet Pg. 294 Attachment: Third Extension (proposed) 5.14.19 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the 10.A.a Packet Pg. 295 Attachment: Third Extension (proposed) 5.14.19 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the 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. 10.A.b Packet Pg. 296 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment 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. 2 10.A.b Packet Pg. 297 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment 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 3 10.A.b Packet Pg. 298 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment 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: , , BOARD OF COUNTY COMMISSIONERS D'IGtIT.I!. IIpCK, Clerk COLLIER COUN Y, FLORIDA 11: l' '41T : cC____-4'A fmma_ Deputy Clerk 6. • , ESQ- Atfitt U3 tQ;Lhairman'S CH A ID WOM A N rJ o,r,Th rt r - nq ,\r‘c.e. - Grog rrncxrl HEARING EXAMINER: Lzvtuity Witness(signature) Mar P. Strain Atn ll Lgkei print n 26b./:Ezi;t7, Witness (signature) 40 • UiA[or print name) Approve as • form and legs' s . ' - cy: II" By:tit: Jeff @ R I". . tzkow S,Cou 'i ttorney c!; .. ,: Cour y of COWER f Yr:'; r T a r C ,,, - - -r r t '` s i a b ' I CV.:§gt,i - `:,o rIty! V WII f t i ir,; ' ,5''?"c i l S 7 J31317,3y(ll l•"'w 1 t "? l v) J ...:ems DWIGHT BROC \ C:_= 0Fi.::C., RT$'. II I ' yLJ V - r 4 10.A.b Packet Pg. 299 Attachment: Hearing Examiner Employment Agreement 5.28.13 (8768 : Recommendation to approve a 2-year extension to the Employment 10.A.c Packet Pg. 300 Attachment: First Extension 7.7.15 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing 10.A.c Packet Pg. 301 Attachment: First Extension 7.7.15 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing 10.A.d Packet Pg. 302 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing 10.A.d Packet Pg. 303 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing 10.A.d Packet Pg. 304 Attachment: Second Extension 3.28.17 (8768 : Recommendation to approve a 2-year extension to the Employment Agreement for the Hearing