Agenda 09/29/2009 Item #16K10
Agenda Item No. 16K10
September 29,2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and authorizes its
Chairman to execute an Amendment to Collier County Airport Authority Executive
Director's Employment Agreement.
OBJECTIVE: That the Board of County Commissioners (Board) approve the attached
Amendment to Collier County Airport Authority Executive Director's Employment Agreement.
CONSIDERATIONS: A proposed First Amendment to Collier County Airport Authority
Executive Director's Employment Agreement came before the Board on June 23, 2009. The
proposal extended the Agreement for three years and provided a salary and benefit adjustment in
the amount of $11,905.00. At that time, the Board tabled the item until September in order to
receive staff recommendations.
At its September 15, 2009 regular meeting, the Board directed the County Attorney's Office to
draft an Amendment to Collier County Airport Authority Executive Director Employment
Agreement which would extend the current Employment Agreement to September 30, 2012
(three years), leave the Executive Director's salary unchanged from October 1, 2009 through
September 30, 2010, with salary adjustments after September 30, 2010, calculated pursuant to the
current Employment Agreement.
LEGAL CONSIDERATIONS: The proposed Amendment to Collier County Airport Authority
Executive Director's Employment Agreement was drafted by the County Attorney and is legally
sufficient for Board action. - JAK
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Amendment to Collier County Airport Authority Executive
Director's Employment Agreement.
Prepared By: Jeffrey A. Klatzkow, County Attorney
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Agenda Item No. 16K10
September 29, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K10
Item Summary: Recommendation that the Board of County Commissioners approves and authorizes its
Chairman to execute an Amendment to Collier County Airport Authority Executive Directors
Employment Agreement.
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9117(20093:58:18 PM
Approved By
--
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 911812009 1:44 PM
Approved By
OMB Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 9/18(20093:49 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 9/18(20094:56 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/19(20099:29 AM
file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009
Agenda Item No. 16K10
September 29,2009
Page 3 of 9
AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT ("Amendment") is made and
entered into this 29th day of September, 2009, by and between the Collier County Airport
Authority (the "Authority"), a dependent Authority of Collier County (the "County"), and
Theresa M. Cook (the "Executive Director").
RECITALS:
WHEREAS, the parties entered into an Employment Agreement dated December 15,
-- 2004, a copy of which is attached hereto; and
WHEREAS, the initial term of the Employment Agreement is scheduled to cease on
September 30, 2009; and
WHEREAS, the parties wish to extend the term of the Employment Agreement by
three (3) years consistent with the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below. ,
2. Section 2(A) of the Employment Agreement is hereby amended by extending
the termination date to September 30, 2012.
3. The Executive Director's salary for the first year of this extended term
(October 1, 2009 through September 30, 2010) shall be unchanged from the prior year.
Adjustments to the Executive Director's annual Salary shall be calculated as set forth in
Section 4 of the Employment Agreement commencing with the second year of this extended
term.
4. Except as modified by this Amendment, the Employment Agreement shall
remain in full force and effect. If there is a conflict between the terms of this Amendment
and the Employment Agreement, the terms of this Amendment shall prevail.
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Agenda Item No. 16K10
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September 29, 2009 i
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date fIrst above written.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY
By:
Name:
Q~~ Title:
Print Name: ~ ~{i)i)<J:..
-
Witnesses:
By: ~(' -0
TH A M. COOK
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
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September 29,2009
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COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEL'\1ENT
The Collier County Airport Authority (the "Authority"), a dePlodent 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
Collier County Airport Authority. The Executive Director shall remain as the Chief
-- Executive Officer of the Authority and shall continue to perform her duties as spelled out
in County Ordinance No. 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 shaH not affect the Authority's power to terminate the Executive
Director's employment, subject to Section 6, below.
Section 3. Executive Director's Salary:
Authority shall pay the Executive Director a starting annual base salary of $89,500.
payable biweekly.
Section 4. Adjustments to Executive Director's Annual Salan:
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 pexformance 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 generallaw,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 in(.,Tease 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 tiscal year.
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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 upon termination of employment, except that three week
vacation shall begin in the tirst 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-to-time. --
C. The Executive Director shall be assigned a vehicle which shall be a mid-sized
sedan. 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.
Section 6. Termination or Emplovrnent; 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 employment 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), immediately 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 to 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 fourteen (14) calendar days thereafter. The Resolution terminating her
employment shall require an affirmative vote of at least five (5) members of the
Authority.
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(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 ex.piration 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 witb 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 an 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.Pavment 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 Director's dues and subscriptions to fully participate in the following
professional organizations together 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 (FAC)
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.
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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 shan be paid in accordance with
CMA #5346, Relocation Expenses.
Section 8. General Provisions:
A. The Authority shall 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 conflict
with, the provisions of this Agreement, nor with County Ordinances, the Authority
rules, and other applicable laws. -_
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 signed by its Chairman.
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
assign (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 COUIt 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 shall remain in full force and effect.
ATTEST: COLLIER C07ZAIRPORT A~ORlTY
W~SES: L
~,,___:.:6~ By: t<-,
First Witness Robert E. Doyle, Jr., C
tV i n 0" LA S-t9" ~
Print Name
~.(J~
e nd Witness .
-J"c.{b I DrJb ,^) or
Print Name
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September 29, 2009
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WITNESSES:
\t)IAJOUQ)~ By: ~y
Pirst Witness RESA M. COOK
liX YllN) tl. 9:. --h,Y\. -e.
Print Name
~'ID~
e nd Witness
Ju ~ I DQf}IIlJ~
Print Name
A TrEST:
DWIGHT E..BRo.CK, Clerk BOARD OF COUNTY COMMISSIONERS,
"...'. ,. -.~ I~. I~', .....,..'" ",
BY-~'\f><-> COLLIER 71:-' fLORIDJ _
~~~, .__,et",~' :~ L By:.. d.-' ~ ~
A~-:Ji. ~...'(j/ DON A FIALA, ChaIrman
s1ClnabJr~' ., U:- .,....~..
'. ';~ A:';.... ,;,?'.
Approve~:r' a:.tJ.~5~: a~d
legal sufficiency:
-JU~ p~
Thomas C. Palmer,
Assistant County Attorney
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