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Agenda 06/23/2009 Item #14B Agenda Item No. 148 June 23, 2009 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute the attached First Amendment to the Collier County Airport Authority's Executive Director's Employment Agreement, extending the agreement for three (3) years starting on October 1, 2009 and providing a salary and benefit adjustment in the amount of $11,905. OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to execute the attached First Amendment to the Collier County Airport Authority's ("Authority") Executive Director's Employment Agreement, extending the agreement for three (3) years starting on October 1, 2009 and providing a salary and benefit adjustment in the amount of $11 ,905. CONSIDERATIONS: The Executive Director's original agreement dated December 15, 2004 is currently scheduled to expire on September 30, 2009. The Airport Authority recommends that the Executive Director's Employment Agreement be extended for three years beginning October 1, 2009. The Agreement shall be subject to three one-year renewals following this extension. ,-, The amendment provides that the Authority shall pay the Executive Director an annual salary of $119,109, payable in bi-weekly installments. Annual performance adjustments based on merit shall be paid as a lump sum, and shall not exceed a maximum of seven percent (7%) of the Executive Director's annual base salary. The minimum increase for satisfactory performance shall equal the average percentage salary adjustment provided to all County employees for the given fiscal year or three percent (3%) whichever is greater. The Executive Director's base salary shall be modified to reflect general wage adjustments (Le., cost of living adjustments, special study pay adjustments, etc.) on the date that general wage adjustments are granted to Collier County employees. The amendment further clarifies that the Executive Director shall be assigned a Collier County vehicle rather than identifying a specific type of vehicle. FISCAL IMPACT: The FY 2010 impact to Personnel Services will be an increase of $11,905 for salary and fringes, but a corresponding decrease in operating expenses will be made to offset this. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ,-, Agenda Item No. 148 June 23, 2009 Page 2 of 13 LEGAL CONSIDERATIONS: The proposed Amendment is legally sufficient and ready for Board action. This is a regular item requiring simple majority vote. - CMG RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute the attached First Amendment to the Airport Authority's Executive Director's Employment Agreement, extending the agreement for three (3) years starting on October 1, 2009 and providing a salary and benefit adjustment in the amount of $11 ,905. Prepared by: Theresa Cook, Executive Director, Airport Authority Page I of I Agenda Item No. 14B June 23. 2009 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 146 Recommendation that the Board of County Commissioners approves and authorizes its Chairman to execute the attached First Amendment to the Collier County Airport Authoritys Executive Directors Employment Agreement. extending the agreement for three (3) years starting on October 1, 2009 and providing a salary adjustment. Meeting Date: 6/23/2009 90000 AM Prepared By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 6f9f2009 3:35:23 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 6f10/2009 2:44 PM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 6f10/2009 4:43 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 6f11f2009 5:06 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/12/20098:31 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/15f2009 3:41 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 6/16f2009 1 :43 PM Commissioners filp,//C'\Aopn{hTp"t\Pvnnrt\ 1 ~')_ TlInp%')O,)~ O/n')0') OOQ\ 1.:1. o/n')O,1 TRPnRTo/~,?(),1 1 TTU'nRTT h/1 7 n{)()O Agenda Item No. 148 June 23, 2009 Page 4 of 13 FIRST AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT This First Amendment ("Amendment") to the Collier County Airport Authority Executive Director's Agreement is made this day of . 2009, by and between Theresa Cook ("Executive Director") and Collier County, Florida ("County"). WHEREAS, by Agreement dated December 15, 2004, the parties entered into a Collier County Airport Authority Executive Director's Agreement ("Agreement"), a copy of which is incorporated herein by reference; and NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: Words that are underlined have been added; works that are st:nlek through have been deleted. Section 2. Initial Term of Executive Director's Employment, is amended as follows: C. 1bis AlZreement is hereby extended for three years startinlZ on October 1. 2009. This Agreement shall be subiect to three one-vear renewals following this extension. The renewal must be recommended by the Airport Authority and approved by the Board of County Commissioners prior to July 1 S1 of each contract veal. Section 3. Execntive Director's Salary is amended as follows: Auth0fity BRall pay the Exeeati'.'e Dir-eetef a startmg EmHHal ease salary Elf $g9,S9g, payable bi'Jleekly. Authority shall pay the Executive Director an annual salary of$119.103.00 payable in bi-weekly installments. Section 4. Adjustments to Executive Director's Annual Salary is amended as follows: In the month of Af** December of each year, Authority shall conduct an annual performance evaluation of the Executive Director and recommend to the Board of County Commissioners increases to the then current base salary based on the respective annual employment performance evaluation. Such annual performance based merit adiustment shall not exceed a maximum of seven percent (7%) of the Executive Director's annual base salary. The minimum increase for satisfactory performance under such performance based merit svstem will equal the average percentalZe salary adiustment provided to all County emplovees for the given fiscal vear or three percent (3%) whichever is greater. All such merit adiustments shall be paid as a lump sum. (This is to coincide with the Authority's budget being transmitted to the County Manager not later than May I, or otherwise in accord with the County's general budget policy or general law, whichever date is earliest). The salary increases shall become effective on October I of each year (the starting date of the County's Fiscal Year); and shall be inoreased by the then SHrres! BaGe salary plus Ii CPI U inerease, or larger salary inerease af'J13TOvea 'by a majerity ','ote ()f tAe .\il'flElrt .^.utR0rity aad funded by the Board of CeHnty Commissioners in the Authority's budgot, '.'.'RisR8ver donar ameURt is greater for t:he relsfleletive fisoal year. Page 1 of 3 Agenda Item No. 14B June 23. 2009 Page 5 of 13 On the date that g;eneral wag;e adiustments (i.e.. cost of livin~ adiustments. special study pay adjustments. etc.) are granted generally to Collier Countv employees. Executive Director's base salary shall be modified to reflect the I.!:eneral wage adiustment e:ranted to other County emoloyees. Section 5. Executive Director~s Employment Benefits is amended as follows: C. The Executive Director shall be assigned a Collier County vehicle. whieh &hall be a mid Gizea sedliH. The vehicle shall be furnished as a Class A assignment pursuant to CMA #5204 D. 1. (c) (1) and shall be utilized as authorized by the County Centralized Fleet Management System. Except as specifically set forth herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF~ the parties have executed this First Amendment to the Agreement as of the date first written above. EXECUTIVE DIRECTOR: TWO WITNESSES: Theresa Cook By: FIRST WITNESS Theresa Cook Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ATTEST: DWIGHT E. BROCK CLERK OF COURTS By Dated BY: (SEAL) Donna Fiala, Chairman Page 2 of 3 Agenda Item No. 148 June 23, 2009 Page 6 of 13 proved As To Form and Legal Sufficiency: sistant County Attorney Print Name: ColkYn m. Greene... 09-AP A-00064J3 Page 3 of 3 Agenda Item No. 148 June 23,2009 Page 7 of 13 COLLIER CO{)NTY AIRPORT AlJTHORJTY EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEME~l The Collier County Airport Authority (the "Authority"), a dependent Authority of Collier County (the "County"), and Theresa M. Cook (the "Executive Director") enter into this Agreement effective on the 15th day of December, 2004. The Executive Director, the Authority, and the County agree as follows: Section 1. Duties of Executive Director: The Executive Director is hereby employed in the position of "Executive Director" of the Coilier County Airport Authority. The Executive Director shall remain as the Chief Executive Officer of the /\uthority and shall continue to perform her duties as spelled out in County Ordinance :Jo. 2004-03 and/or the Authority's Administrative Code, as such Ordinance and/or Code now exist or may hereafter be amended. Section 2. Initial Term of Executive Director's Emplovment: A. The Executive Director's employment start date shall be the 15th day of December, 2004 and, unless this initial term of employment is extended (by amendment to this Agreement), the Executive Director's employment shall cease on the 30th day of September, 2009. B. This Section 2 shall not affect the Authority's power to terminate the Executive Director's employment, subject to Section 6, below. Section 3. Executive Director's Salarv: Authority shall pay the Executive Director a starting annual base salary of $89,500, payable biweekly. Section 4. Adjustments to Executive Director's Annual Salarv: In the month of April of each year, Authority shall conduct an annual performance evaluation of the Executive Director and recommend to the Board of County Commissioners increases to the then current base salary based on the respective annual employment performance evaluation. (This is to coincide with the Authority's budget being transmItted to the County Manager not later than May 1, or otherwise in accord with the County's general budget policy or general law, whichever date is earliest). The salary increases shall become effective on October 1 of each year (the starting date of the County's Fiscal Year), and shall be increased by applying the then current CPI-U increase to the Employee's then current base salary, or larger salary increase approved by a majority vote of the Airport Authority and funded by the Board of County Commissioners in the Authority's budget, whichever salary increase dollar amount is greater for the respective fiscal year. Agenda Item No. 148 June 23. 2009 Page 8 of 13 Section 5. Executive Director's Emplovment Benefits: A. The Executive Director shall be entitled to receive the same vacation, sick leave benefits, health insurance, and life insurance, as are then accorded generally to Collier County employees in her pay range, including the provisions governing accrual and payment of vacation crpon termination of employment, except that three week vacation shall begin in the first year. B. All provisions of law and regulations and rules of County relating to vacation and sick leave, holidays, and other fringe benefits, and working conditions, as they now exist or may hereafter be amended, shall also apply to the Executive Director in the manner that such benefits apply generally to other similarly situated employees of County, in addition to the additional benefits, if any, specifically in this Agreement, as may be amended from time-lo-time. C. The Executive Director shall be assigned a vehicle which shall be a mld-sized sedan. The vehicle shall be furnished as a Class A assignment pursuant to ClvIA. #5204 D. 1. (c) (1) and shall be utilized as authorized by the County Centralized Fleet Management System. Section 6. Termination of Emplovment: Notice to Executive Director: A. The Executive Director is not an "at will" employee. Any term or condition of this agreement to the contrary notwithstanding, Authority may summarily terminate the Executive Director's employmcnt during the stated term of this Agreement only as follows: (1) In the event that after execution of this agreement the Executive Director is convicted of a felony or misdemeanor. (2) Except as set forth in Subsection 6(a)(1), immediatcly above, in the event Authority desires to terminate the Executive Directors' employment for good cause (such as gross insubordination, failure to follow direct instructions from the Authority, excessive tardiness or excessive unexcused absenteeism), Authority may do so only in the following manner; (a). A Resolution of the Authority's intent La terminate the Executive Director's employment shall be adopted at a regular Authority meeting by an affirmative vote of at least five (5) members of the Authority after said Resolution has been placed on the agenda of such meeting. (b). Upon adoption of such Resolution of intent to terminate the Executive Director's employment, the Authority may consider the adoption of a Resolution terminating her employment at a regularly scheduled meeting of the Authority not less than fourtcen (14) calendar days thereafter. The Resolution terminating her employment shall require an affirmative vote of at least five (5) members of the Authority. 2 Agenda Item No. 148 June 23, 2009 Page 9 of 13 (c). The adoption of a Resolution terminating the Executive Director's employment shall constitute a ninety (90) day notice to the Executive Director, and, upon the expiration of the ninety (90) day notice time frame, the termination of employment shall become effective. As an alternative to the ninety (90) day notice, the Authority. in its discretion, may immediately terminate the Executive Director's employment, subject to the payment of all salary for the ninety (90) day period that would otherwise be due as if she had worked throughout that period. B. The Executive Director may resign her employment only if her ill health or other serious unforeseen circumstance that are beyond her control make it a practical impossibility for her to adequately thereafter perform her duties. In the event the Executive Director resigns her employment with the Authority, to the greatest extent possible, she shall give the Authority not less than sixty (60) days advance written notice except to the extent, if any, that the time frame is waived by the Authority or unless agreed between the Authority and the Executive Director. C. In the event that the Executive Director resigns her employment, "suspension" by the Authority "with pay" after such resignation shall not be considered discipline under any Authority or County Ordinance, rule, regulation, or otherwise. D. In the event of termination or resignation, Authority shall pay the Executive Director all money due the Executive Director not later than thirty (30) calendar days after the effective date of the termination of employment, including accrued vacation benefits. Section 7. Pavrnent of Executive Director's Expenses: A. The parties hereto agree that it is in the interest of the Authority and the County that the Executive Director participate in professional organizations that add to her professional development regarding the Authority. Therefore, Authority shall recommend to the Board of County Commissioners that the Board annually budget the Executive Direclor's dues and subscriptions to fully participate in the following professional organizations togelher with such additional organizations as may, from time to time, be specifically approved during the budgetary process or otherwise, by the Authority: 1) American Association of Airport Executives (AAAE) 2) Florida Airports Council (F AC) B. Authority agrees to budget and pay the travel and the subsistence expense of the Executive Director for professional and official travel outside of Collier County as authorized by law. 3 Agenda Item No. 148 June 23. 2009 Page 10 of 13 C. All of the Executive Director's out-of-state travel not specifically budgeted as provided for herein must be pre-approved by the Authority. Reimbursement for out- of-county travel shall be in the sums of money as provided by Florida Statutes. D. The Executive Director's relocation expenses shall be paid in accordance with CMA #5346, Relocation Expenses. Section 8. General Provisions: A. The Authority shaJJ fix any such other terms and conditions of employment, as it may determine from time-to-time, relating to the performance of the Executive Director, provided such terms and conditions are not inconsistent with, nor in connict with, the provisions of this Agreement, nor with County Ordinances, the Authority rules, and other applicable Jaws. B. The text of this Agreement constitutes the entire agreement between the parties. This agreement is subject to approval by the Board of County Commissioners and being si gned by its Chainnan. C. This Agreement shall be binding upon and inure to the benefit of the heirs, beneficiaries and personal representatives of the Executive Director. D. This Agreement is a personal services contract. The Executive Director shall not asslgn (or otherwise transfer) any of her duties or obligations under this Agreement. Any such transfer must be expressly authorized in advance by adoption of a Resolution of the Authority. E. If any provision, or part of any provision, in this Agreement is held by a Court of Law to be unconstitutional, invalid, or unenforceable, the remainder of the Agreement, and portions thereof, shall be deemed Severable and shall not be affect the remainder of this Agreement, and shaH remain in full force and effect. A TrEST: COLLIER COT..J2d:N; AIRPORT AUTHORITY / / L (; /~~ By: /~ ~,.-:~::~..~..d:~- L:--- Robert E. Doyle, Jr., Cdi~ WITNESSES: / LUfA fJAI',,___ ..6~ First Witness lUin011/A S-f9n~ Print Name ~.~ e nd \-Vitness 3Mb I bob ,^) 9 Print Name 4 WITNESSES: 't )!AJOll Q ) ~ First Witness LeX v'l0I) ~ ~ iDYve. Print Name ~.(b' /!J~ e nd Witness Ju ~, Oi1~II\JZ? Print Name ATTEST: DWIGHT E.,BROGK Clerk ~. - ~.. ~ If.... '- '. B ...:P 1J>;;~'f1;7~U;;;:' '1,,;'::\ ~ Y'~~<-:,,"~_~,.,;f.'~"'i:rr.;':.' - ::~. ~p~ty'Clerk:::;.o . -; : Attut *"~' -~~;~,; s 1 Qnatm'~~/ i)A.U:':> .~,~,/. .>~?;1 . .(~~;~ ~,~~\~~'f~\~:-' Approved asto..toI:m' and legal sufficiency: -TV~ r~ Thomas C. Palmer, Assistant County Attorney By:~Q RESA M. COOK Agenda Item No. 14B June 23, 2009 Page 11 of 13 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. (/L~L' d~ DON 'A FIALA, Chairman By: 5 October 01,2008 Agenda Item No. 148 June 23, 2009 Page 12 of 13 Co~r Cou.nty ~~ - SUMMARY OF PAY ADJUSTMENT for Changes Effective 10/01/08 The information below indicates changes affecting your compensation for FY2009. The cost of living adjustment (COLA) will be reflected in your paycheck of 10/17/08. Your increase to your annual base salary is $4.390.99. Be/ow are the details of the actions taken on your behalf. Employee Name: Authority Employee No.: Cost Center: Theresa Cook Title: Executive Director - Airport 4582 192310 Grade: Division: GRD34 CMO Beginning Annual Salary: $104,547.35 +4.2% Cost-of-Living Adjustment (*may be limited by the maximum of the pay range) +4390.9887 * = New Annual Salary: $108,938.34 = New Bi-Weekly Salary $4,189.94 Salary Range: Minimum Marketpoint Maximum Match Point $107,193.00 $119,103.00 $148,879.00 $107,193.00 REMINDER: When your salary meets or exceeds the "Match Point" of your salary range, you will be eligible for a match to your Deferred Compensation Account. Risk Management has indicated that health insurance premiums for employees and the structure of the health plan will change effective January 1, 2009. Risk Management will schedule open enrollment meetings beginning in October 2008 for employees to learn more about the new health plan for 2009. Please be sure to bring your enrollment package and questions with you. More communications will be provided by Risk Management shortly. Employee dental insurance premiums will not increase. If you have benefits questions, call Risk Management at 252-8461; for Compensation questions call 252-8715 or 252-8487. Agenda Item No. 148 June 23, 2009 Page130f13 RESOLUTION NO. 09-35 RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING THA T THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE A TT ACHED FIRST ADMENDMENT TO THE AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT, EXTENDING THE AGREEMENT FOR THREE (3) YEARS STARTING ON OCTOBER 1,2009 WHEREAS, the Collier County Airport Authority recommends that the Collier County Board of County Commissioners approve the attached First Amendment to the Executive Director's Employment Agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the Authority recommends that the Collier County Board of County Commissioners approve the attached First Amendment to the Authority's Executive Director's Employment Agreement, extending the Agreement for three (3) years starting on October 1,2009. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport Authority this 8th day of June 2009. ATTEST: Byron Me' ~~ .~. Cook, Executive Director Approved as to form and legal sufficiency ,r, , ,- _ , . J _ , '( "if ',' ,.t..!..", '1' ( fl"'l";'- ,!11U:~ , l.i.J.._",-., _.-:0..... t.-- --. I .... Colleen Greene Assistant County Attorney - l': \Administralion~4A BoardlResolutions\Res ()9-35 Amend to Execulive Director's Contracl.docx