Agenda 09/27/2016 Item #11F 11.F
09/27/2016
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the third extension
term as September 30, 2019.
OBJECTIVE: That the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., and fix the end date of the third extension term as
September 30, 2019.
CONSIDERATIONS: On October 27, 2009, the Board of County Commissioners and Leo E.
Ochs, Jr., entered into the County Manager Employment Agreement. On September 23, 2014,
the Board approved the second extension to the Agreement which is set to expire on September
30, 2017.
Section 2:B. of the Agreement is set forth below:
Section 2: Term
B. On or before September 30th of the year immediately 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 Board and
the Employee. It is contemplated that the Board will base its decision on the question of
whether or not to grant the extension of the term of this Agreement on(1)the Employee's
performance and (2) the Employee's ability to successfully achieve goals mutually
developed and agreed to by the Employee and the Board. Notwithstanding the foregoing,
the end date of the first extension term, if implemented, will be September 30th, so that
the term of this Agreement will ultimately correspond with the County's fiscal year.
The proposed Extension of County Manager Employment Agreement fixes the end date of the
third extension term as September 30, 2019.
FISCAL IMPACT: Funds are appropriated in the County Manager Office operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners extend the County
Manager Employment Agreement, fixing the end date of the third extension term as September
30, 2019.
PREPARED BY: Leo E. Ochs Jr., County Manager
ATTACHMENT(S)
1.Extension of County Manager Employment Agreement 2016 (DOCX)
Packet Pg. 301 I
11.F
09/27/2016
2. County Manager Signed Contract (PDF)
I Packet Pg.302 I
11.F
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F
Item Summary: Recommendation that the Board of County Commissioners extend the County
Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the third extension term as
September 30, 2019. (Leo E. Ochs, Jr., County Manager)
Meeting Date: 09/27/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
09/21/2016 10:54 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
09/21/2016 10:54 AM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/20/2016 3:28 PM
County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 09/20/2016 3:28 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/21/2016 5:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
Packet Pg. 303
11.F.a
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
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THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
("Extension") is made and entered into this 27th day of September, 2016, by and between COLLIER
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COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer," as the party
of the first part, and Leo E. Ochs, Jr., hereinafter called "Employee," as party of the second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment m
Agreement commencing October 27, 2009, (collectively referred to as the "Agreement"), a copy of
which is attached hereto; and 2
WHEREAS, the Agreement expires September 30, 2017; and o
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WHEREAS, the Agreement provides in relevant part that "On or before September 30th of c
the year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Board and the Employee."
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the Employer and Employee, and in consideration of the
covenants contained herein, the Employer and Employee agree as follows:
1. The above RECITALS are true and correct and are hereby expressly incorporated herein E
by reference as if set forth fully below. a
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
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September 30, 2019.
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3. Except as modified by this Extension, the Agreement shall remain in full force and effect.
If there is a conflict between the terms of this Extension and the Agreement, the terms of this
Extension shall prevail.
IN WITNESS WHEREOF, the Employer has caused this Extension to be signed and
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the Employee
has signed and executed this Extension, both in duplicate, the month, date and year first written
above.
1 I Packet Pg.304
11.F.a
Attest: BOARD OF COUNTY COMMISSIONERSto-
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
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By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
WITNESSES: EMPLOYEE
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Print Name: LEO E. OCHS, JR. m
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Print Name:
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Approved as for form and legality. E
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Scott R. Teach
Deputy County Attorney
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COUNTY MANAGER EMPLOYMENT AGREEMENT crr
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THIS AGREEMENT, made and entered into this 27th day of October, 2009, by and v
between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter a)
called "Employer," as party of the first part, and Leo E. Ochs Jr., hereinafter called
"Employee,"as party of the second part, both of whom understand as follows:
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WITNESSETH:
WHEREAS, Employer desires to employ the services of Leo E. Ochs, Jr. as c
CountyManager (CountyAdministrator) of Collier County, °
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County Ordinance No. 93-72, as amended, and Chapter 125, Part III, Florida Statutes;
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WHEREAS, it is the desire of the governing board, hereinafter called "Board of >,
County Commissioners" or "Board," to provide certain benefits, to establish certain E.
conditions of employment, and to set working conditions of said Employee; and v
WHEREAS, Employee desires to accept employment as County Manager of said
Collier County; and
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NOW THEREFORE, in consideration of the mutual covenants herein contained, m
the parties agree as follows: -c
Section 1: Duties
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The Employee shall have the authority, duties and responsibilities as set forth in
Section 3 of Ordinance No. 93-72, as such Ordinance has been amended or may be
amended or superseded in the future, or as such authority, duties and responsibilities are ;; a)
set forth for a County Manager in Section 125.74, Florida Statutes. F
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Section 2: Term e
A. Employee agrees to remain in the exclusive employ of Employer until
October 27, 2013 as specified in Section 20, paragraph D herein, from
the effective date of this Agreement, and neither to accept other
employment nor to become employed by any other employer until
termination of employment pursuant to this Agreement.
B. On or before September 30th of the year immediately preceding the
then ending year of the Agreement, including any applicable extensions,
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the term of this Agreement may be extended for a period of two (2) a)
years by the mutual written agreement of the Board and the Employee. It
is contemplated that the Board will base its decision on the question of ccs
whether or not to grant the extension of the term of this Agreement on ;F
(1) the Employee's performance and (2) the Employee's ability to ?t
successfully achieve goals mutually developed and agreed to by the s o
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Employee and the Board.Notwithstanding the foregoing,the end date of c
the first extension term, if implemented, will be September 30th, so that E
the term of this Agreement will ultimately correspond with the County's
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fiscal year. c
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C. Nearing the conclusion of such four (4) year employment period, and
any applicable extensions, the Employment Agreement may be
renegotiated by the Employer. The Employee shall be given one ..Sc.',
hundred-eighty (180) days notice of Board's intent to renegotiate the
Agreement or to allow the Agreement to expire without renegotiation. In `
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the event the Board's notice is not to renegotiate, but for the Agreement , a)
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to expire, no salary and deferred compensation severance payment nor '' o
insurance benefits shall be provided Employee or his dependents upon N
the expiration of the Agreement. Elements of this Agreement may be
changed at any time when mutually agreed upon in writing by the o
Employer and the Employee.
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D. Nothing in this Agreement shall prevent, limit or otherwise interfere f v
with the right of the Employer to terminate the services of Employee at o
any time, subject only to the provisions set forth in Section 4 of this P.
Agreement. o
E. Nothing in this Agreement shall prevent, limit or otherwise interfere m
with the right of the Employee to resign at any time from his position r
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with Employer, subject only to the provisions set forth in Section 5 of
this Agreement. _ c
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Section 3: Suspension --aa
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Employer may suspend the Employee with full pay and benefits at any time E
during the term of this Agreement, but only if: o
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A. A majority of the Board and Employee agree,or; w
B. After a public hearing, a majority of the Board votes to suspend N
Employee for just cause, provided, however, that Employee shall have
been given written notice setting forth any charges at least ten (10) dayso
prior to such hearing by the Board of County Commissioners' members E'
bringing such charges. Just cause shall include only willful misconduct o
or willful failure or disregard of Employee's duties under thisami
Employment Agreement. ?i c
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Section 4: Termination and Severance Pay `m
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In the event this Employment Agreement with Employee is terminated by the _ ca
Employer before expiration of the aforesaid term of employment and during such time 2
that Employee is willing and able to perform his duties under this Agreement, then, and c
only in that event, Employer agrees to pay Employee, in addition to any amounts then oo
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due Employee, including any unused leave, a lump sum cash payment within ten (10) a�
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working days after the effective date of termination, as follows: f0
A. If termination occurs any time during the first two (2) years of this
Agreement, an amount equal to twelve (12) months of Employee's E o
annual base salary and benefits (universal leave and retirement) at the
rate effective on the date of termination, less any normally required w
deductions. In such event, Employee's individual and dependent c
health insurance benefits and term life insurance benefits shall also be I x
continued and provided by Employer for a period of twelve (12) a)
months after termination N
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B. If termination occurs after the first two (2) years of this Agreement, an y
amount equal to six (6) months of Employee's annual base salary and E
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benefits (universal leave and retirement) at the rate effective on the v
date of termination, less any normally required deductions. In such i w
event, Employee's individual and dependent health insurance benefits c
and term life insurance benefits shall also be continued and provided (.°)
by Employer for a period of six(6)months after termination. c
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In the event Employee is convicted of any felony or of any crime involving moral ` m
turpitude, Employer may terminate Employee's employment without notice and without
any obligation to pay any aggregate severance sum or to provide post-termination
insurance benefits described in the above paragraphs. _
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Section 5:Resignation
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In the event Employee voluntarily resigns his position with Employer before E
expiration of the aforesaid term of his employment, then Employee shall give Employer o
sixty (60) days advance written notice. If Employee voluntarily resigns, providing CD
Employer with less than sixty (60) days notice, Employee shall forfeit any payment for
accrued leave otherwise due and owing.
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Section 6: Disability
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If Employee is permanently disabled or is otherwise unable to perform his duties
because of sickness, accident, injury, mental incapacity or health for a period of four(4) c�
successive weeks beyond any accrued leave, Employer shall have the option to terminate d
this Agreement, subject to the severance pay requirements of Section 4. a
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Section 7: Salary
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A. Employer agrees to pay Employee for his services rendered pursuant
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hereto an annual base salary of $165,000 payable in bi-weekly
installments.
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B. Employer and Employee shall negotiate in good faith to establish, within c
one hundred and twenty (120) days after execution of this Agreement, a co
performance based merit system through which the Employee shall be
eligible for a merit adjustment upon the successful completion of a
measurable goals and objectives to be completed or attained by the o
Employee during the 2010 fiscal year and each fiscal year thereafter s
during the term of this Agreement. Such annual performance based merit c
adjustment shall not exceed a maximum of ten percent (10%) of the c
Employee's annual base salary. The minimum increase for satisfactory CD
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performance under such performance based merit system will equal the 12
average percentage salary adjustment provided to all County employees o
for the given fiscal year or three percent (3%) whichever is greater. All •�
such merit adjustments shall be included in the Employee's base salary. •--
C. On the date that general wage adjustments (i.e., cost of living adjustments, o
special study pay adjustments, etc.) are granted generally to Collier
County employees, Employee's base salary shall be modified to reflect the c
general wage adjustment granted to other County employees. c
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Section 8: Performance Evaluation 0
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The Employer shall review and evaluate the performance of the Employee in
accordance with the performance-based merit system as provided in Section 7. Written m
evaluations based on said performance system will be provided by each County
Commissioner to Employee prior to September 1, 2010, and prior to each September 1st .c
thereafter for the term of this Agreement. A summary of all evaluations will be prepared c
by the Board Chair for the Board and Employee including the recommended merit wage 'fo
adjustment. A merit system wage adjustment will take effect on October 1, 2010 and each a
October 1st thereafter for the term of this Agreement. An updated performance merit E
system for Employee will be developed in good faith between the Board of County E
Commissioners and Employee and adopted by the Board prior to October 1st of each 1o
fiscal year for implementation in the next fiscal year. ce
Section 9: Hours of Work ,t
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All duties required hereunder shall be performed by the Employee personally, or µ
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through the assistance of such County employees as may be made available from time to lcu
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time by the County and concerning which the Employee shall assume full responsibility; [ o
provided, however, that nothing herein shall be deemed to absolve the Employee of U
personal responsibility for the duties set forth herein. The Employee shall be "on-call"
twenty-four(24) hours a day, available to perform said duties and agrees to make himselfCT)
available as needed during said period. The manner and means of performance of the
duties herein shall be determined by the Employee. All acts performed by the Employee, a,
explicitly or implicitly, on behalf of the County, within the scope of his employment, c
shall be deemed authorized by the County as its agent, except that any act whichE
constitutes willful misconduct or which may be unlawful shall be deemed to be an
individual act of the Employee without authority of the County. a
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Section 10: Outside Activities co
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The Employee agrees to remain in the exclusive employ of the County while
employed by the County. c
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Section 11: Automobile and Cellular Phone v
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Employer shall provide Employee with a cash allowance in the amount of Five j c
Hundred and 00/100 Dollars ($500.00) per month as a vehicle allowance for the use of
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Employee's privately owned vehicle for County business. Employer shall provide a d
cellular phone and service for the Employee's use. a
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Section 12: Insurance, Vacation, and Sick Leave y
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A. As an inducement to Employee to become County Manager, at signature E
hereof, Employee shall be credited with the carryover of his accrued 0
vacation and sixty percent of eligible accrued sick leave days to date into a
universal leave account, a portion of which may be used to purchase c
unpaid prior years earned retirement service credit. Employee shall accrue c.)
to his universal leave account an additional thirty (30) days per year, not 5
including County holidays, on a monthly basis of two and a half(2.5)days
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per month. Employee is highly encouraged to utilize his universal leave 0m
days not only for the Employee's individual health and welfare, but also
for the increased effectiveness and efficiency of the County as a whole. ` .5
Employee is authorized to sell back a portion of earned universal leave on _c
a periodic basis.
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B. Employer agrees to maintain in force for Employee all health, life 1 co
insurance or other insurance policies provided by County to its other aoi
employees. E
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C. Unused universal leave will be paid at Employee's current rate of salary 0
upon termination,resignation or contract expiration. Employer agrees to
put into force and to make required premium payments for Employee for
insurance policies for life, accident, disability income benefits, major rr c
medical and dental, and dependent's coverage group insurance covering
Employee and his dependents. Term life insurance for Employee shall be
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provided at a level of three times (3x) Employee's annual base salary, not ti c
to exceed a maximum benefit of$500,000. Disability insurance income o
benefits shall be sixty-six and two thirds percent (66.66%) of Employee's ,1 -a
annual base salary and administered as specified by County policy. i c
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Employee shall continue to have the option of participating in the County in
Leave Bank.
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D. Employer agrees that commencing on the third anniversary date of this c
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agreement and annually thereafter, the Employee will be paid for all hours ;r
of accrued universal leave that exceed three hundred-sixty(360) hours. ''
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E. All provisions of law and regulations and rules of the County relating to c
holidays and other fringe benefits and working conditions as they now g
exist, or hereafter may be amended, shall also apply to Employee in the
manner that they apply to other employees of the County, in addition to m
benefits specifically enumerated in this Agreement. v
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Section 13: Retirement -a
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Employer agrees to execute all necessary agreements provided by ICMA x
Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services N
Corporation (as determined by Employee) and the Florida Retirement System for t
Employee's continued participation in said retirement plans. Employer agrees to pay the o
maximum allowable annual amount into the Employee's current retirement fund on N
Employee's behalf, on the effective date of this Agreement and on the anniversary of said
date thereafter, and to transfer ownership to succeeding employers upon Employee's '! o
resignation or termination, or to Employee upon his retirement, in accordance with any �,
applicable rules, regulations or laws. Since August 1986, Employee has been and is c
designated as a Senior Management Service Class Employee in the Florida Retirement v
System and is entitled to the retirement benefit contribution levels specified for same. o
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Section 14: Dues and Subscription o
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Employer agrees to budget for and to pay for professional dues and
subscriptions necessary for Employee's continuation and full participation in national,
regional, state, and local associations and organizations necessary and desirable for his w
continued professional participation, growth, and advancement, and for the good of the o
Employer, including but not limited to: International City and County Managers
Association and the Florida City and County Management Association. -a
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Section 15: Professional Development E
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A. Employer hereby agrees to budget for and to pay for travel and subsistence ce
expenses of Employee for professional and official travel, meetings, and
occasions adequate to continue the professional development of Employee `t c
and to adequately pursue necessary official functions for Employer,
including but not limited to the ICMA Annual Conference, Florida City " ti
and County Management Association annual seminar, Leadership Collier, co
and Leadership Florida. ti o
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B. Employer also agrees to budget for and to pay for travel and subsistence i c
expenses of Employee for short courses, institutes, and seminars that are °'
necessary for his professional development and for the good of the
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Employer. ; a)
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C. All out-of-state travel not specifically provided for herein shall be pre- F as
approved by the Board. Reimbursement for out-of-county travel shall be
as provided by Florida Statutes. i', c
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Section 16: Indemnification
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In addition to that required under state and local law, Employer shall defend, save w
harmless, and indemnify Employee against any tort, professional liability claim or " c
demand or other legal action, including costs and attorneys' fees relating thereto whether oo
groundless or otherwise, arising out of an alleged act or omission occurring in the l
performance of Employee's duties as County Manager. -a
Section 17: Bonding x
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Employer shall bear the full cost of any fidelity or other bonds required of the I a`)
Employee under any law or ordinance. o
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Section 18: Other Terms and Conditions of Employment o
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The Board and the Employee shall fix any such other terms and conditions of c
employment as they may determine from time to time, relating to the performance of 3
Employee, provided such terms and conditions are not inconsistent with or in conflict c.)
with the provisions of this Agreement or any other law. .1 o
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Section 19: Notices o
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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, s
addressed as follows: y
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(1)EMPLOYER: Board of County Commissioners a
Collier County Government Center amici
3301 East Tamiami Trail E
Naples, FL 34112 o
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(2) EMPLOYEE: Leo E. Ochs, Jr. w
9139 The Lane •
Naples, FL 34109 N
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Notices shall be deemed effective upon delivery or receipt. Y
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Section 20: General Provisions ' v
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A. The text herein shall constitute the entire agreement between the parties. a'
B. This Agreement shall be binding upon and inure to the benefit of the heirs 2
at law and executors of Employee. o
C. This Agreement is a personal services contract and neither this Agreement
nor Employee's obligations under this Agreement are assignable. o
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D. This Agreement shall become effective commencing October 27, 2009r
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providing for an employment termination date of October 27,2013 unless
this Agreement is extended or renegotiated as provided herein. i a
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E. If any provision, or any portion thereof; contained in this Agreement is t a
held unconstitutional, invalid or unenforceable, the remainder of this 1 co
Agreement, or portion thereof; shall be deemed severable, shall not be a)
affected,and shall remain in full force and effect i y
IN WITNESS WHEREOF,the Employer has caused this Agreement to be signed w
and executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, x
and the Employee has signed and executed this Agreement both in duplicate,the month, 3, _
date and year first above written. a
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:ATTEST:•....gam BOARD OF COUNTY COMMISSIONERS 1 t E
DW1F,'`I0F,.•7iitjj,CLERK OF COLL a• a• ,FLO A o
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WITNESSES: s EMPLOYEE
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