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III e z >mo ;;: r s:: 0 '" c- ;;: !( s::o'" m III -< -r'" 1)- m -r'" ~ >m-< ~ III >m-< m -f ~:rJZ m -f S::;oz :D :J: -;AGl III :D J: ~^Gl " III m m :rJ -; > . m m :rJ-;> Z 0 >00 Z 0 )>00 '" I r-l:j --;-; C> :t> - I < ~ GJ - :r 'I< :r ~ zm:::j :r ............ :t> zm:::j m > co- ~ m ~ >COiii }> --S;) "COm :t> r 00 "COC/l :D -..............--, m> :D r> !=' (J):rJ ~ !=' ......... m:rJ ~~ - 0 _C/l 0 TJ> ')" ~ TJ> r -;' \f" ~ ,-J \~ ~~ 'l\ ~\ 12E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 arc to be forwarded to the Board Office only after the Board has takcn at.'tion on thc 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 exceotion of the Chainuan's signature, draw a line through routing lines #1 throUl~h #4. comolete the checklist, and forward to Sue Filson 'line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2, 3, 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 9-29-09 5, Ian Mitchell, Supervisor BCC Office Board of County Commissioners ~ D9/6D Operations 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number 642-7878 \ 1.0 ~ \ 0 r-r-..o v~6- \7 E Two Yes (Initial) JAK Amendment to Employment Agreement Number of Original Documents Attached JAK JAK JAK JAK I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a 1'0 riate, Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC 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 our deadlines! The document was approved by the BCC on 9-29-09 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable, I: Fonus! County Forms! BCe Fonus! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.2605. Revised 224.05 09-APA-00064/10 2, 3, 4, 5, 6. 12E ... MEMORANDUM Date: October 1, 2009 To: Theresa Cook, Executive Director Airport Authority From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Amendment to Employment Agreement Enclosed please find one original document as referenced above, (Agenda Item #12E), adopted by the Board of County Commissioners on Tuesday, September 29, 2009. If you should have any questions, please call me at 252-8411. Thank you, Enclosures 12E 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 ($10,00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Section 2(A) of the Employment Agreement is hereby amended by extending the termination date to September 30,2012. 3. The Executive Director's salary for the first year of this extended term (October 1, 2009 through September 30, 2010) shall be unchanged from the prior year. Adjustments to the Executive Director's annual Salary shall be calculated as set forth in Section 4 of the Employment Agreement commencing with the second year of this extended term. 4. Except as modified by this Amendment, the Employment Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Employment Agreement, the terms of this Amendment shall prevail. Page 1 of2 12E _.~ IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. ATTEST: Q~~ . Print Name: ~ :;~?Z.{i)j)Q Witnesses: r;;J~;:S ~1,J.I?-rYJcv'yJ ~int N ame:U(.~)(D:jS{ '-<.3~C:rYU n ~~:: A~~:~$' . 'P'1\ttGNi;FB.. BROCK, Clerk ~..~ \) C- ., ,,;~'a:' "t~i::: ','.~,blcL<;~ ~., '. ,,~'...t., to Ch. t&Ruty Clerk . ,',' s . ,- i, .t~..t.".. 0fI1 W ,'" . ..: r~ . .. \ Jeffrey Count y COLLIER COUNTY AIRPORT AUTHORITY By: Name: Title: By: ~C~ TH A M. COOK BOARD OF COUNTY COMMISSIONERS COLLIER COnTY, FLORIDA, 'fr~/ ~~ DONN FIALA, CHAIRMAN By: Page 2 of2 12E COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S EMPLOYlVIENT AGREEMENT The Collier County Airport Authority (the "Authonty"), a dcp~ndent Authority of Collier County (the "County"), and Theresa \1. Cook (the "Executive Director") enter into this Agreement effective on the lSw 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 pert'orm 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 Employment: A. The Executive Director's employment start date shall be the ] 5th day of December, 2004 and, unless this initial term of employment is extended (by amendment to LhJS 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. Adiustments to Executive Direct:or'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 CUITent 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 noc 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 1 of each year (the starting date of the County's Fiscal Year), and shall be increased by applying the then CUITent CPI-U increase to the Employee's then current base salary, or larger salary increase approved by a majority vote of the A.irport 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. 12E 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 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 Exccutive Director in the manner that such benefits apply generally to other similarly situated cmployees of County, in addition to thc 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) (l) 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 "al will" employee. Any term or condition of this agreement to the contrary notwithstanding, Authority may summarily terminate the Executive Director's employment during the "tated term of this Agreement only as follows: (1) In the event that aftcr execution of this agreement the Executive Director ]s convlcted of a felony or misdemeanor. (2) Except as set forth in Subsection 6(a)( I), immediately above, in the event Authority desires to terminate the Executive Directors' employment for good cause (such as gross insubordination, failure to follow direct inslructions from the Authority, excessive tardiness or excessive unexcused absenteeism), Authority may do so only in the following manner; (a). A Resolution of the Authori ty's intent to terminate the Executi ve Director's employment shall be adopted at a regular Authority meeting by an affinnative 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. 2 l2E (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 peIiod 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 Authontv 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, Payment of Executive Director's Expenses: A. 'l'he 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 sueh additional organizations as may, from time to time, be specifically approved during the budgetary process or otherwise, by the Authority: I) 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. 3 12E C. All of thc 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 shull 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 tenns 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, benefici~lIies 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 undcr this Agreement. Any such transfer mllst be expressly authorized in advance by adoption of a Resolution of thc Authority. E. If any provision, or part of any provision, in this Agrecment is held by a Court of Law to bc unconstitutional, invalid, or unenforceable, the remainder of the Agreement, and portions thereof, shall be deemed Sevcrable and shall not be affect the remainder of this Agreement, and shall remain in full force and effect. A TrEST: wr NES~ES:Jr~ First Witness COLLIER COUN{)AIRPORT AUTHO~rrY ~L, ,A' Robert E. Doyle. Jr., C By: /..() i f1 OJ) c; s-fo ~._____ Pyint Name #,.6~ e nd Witness 3Mb' brJb I^) 9 Print Name 4 11111111I _ ____"'" W1TNESSES: h JIA,101/ ~ ) ~.______ First Witness LQY (\Oti?\ S, ~n -e. Print Name ~ rj4. e nd Witness --.Ju h 1 DtJ~ J I\J E Print Name ATTEST: DWIGHT E.. BROCK, Clerk . , J...4 ." . ..,. ,. ~" ~<.(- . B :d4~/Jl~':~ y ~ ~ep~t)"~.ferk~ ::;1 ~ .' -- AtUst~:".,'9lia.,~ .' S 1 eJ:l a t !~ I~, i:Ktry:- ~'., :-/:? '1"~):1. ;.~~; .:~~.1 .~'.f:)") Approvedasto.:form and legal sufficiency: --"....TI~Bb------ Thomas C. Palmer, Assistant County Attorney 12[ ~Q By:_~ , ~,/ THERESA M. COOK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By_ d!~, d~ DON A FIALA, Chairman 5