Agenda 09/25/2012 Item #12F 9/25/2012 Item 12.F.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners indicates its intent to extend the
County Attorney Employment Agreement with Jeffrey A. Klatzkow, fixing the end date of
the second extension term as September 30, 2015, and amending the Agreement to comport
with Ch.2011-143, Florida Statutes.
OBJECTIVE: That the Board of County Commissioners indicates its intent to extend the County
Attorney Employment Agreement with Jeffrey A. Klatzkow, and fix the end date of the second
extension term as September 30, 2015.
CONSIDERATIONS: On April 23, 2008, the Board of County Commissioners and Jeffrey A.
Klatzkow entered into the County Attorney Employment Agreement, which was patterned after the
Employment Agreement with the County Manager. On September 28, 2010, the Board extended
the term of this Employment Agreement to September 30, 2013.
Section 2. B and C of the Agreement are 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.
C. Nearing the conclusion of the initial employment period, and any applicable extensions, the
Employment Agreement may be renegotiated by the Employer. The Employee shall be
given one hundred-eighty(180) days notice of Board's intent to renegotiate the Agreement
or to allow the Agreement to expire without renegotiation. In the event the Board's notice
is not to renegotiate, but for the Agreement to expire, no salary and deferred compensation
severance payment nor insurance benefits shall be provided Employee or his dependents
upon the expiration of the Agreement. Elements of this Agreement may be changed at any
time when mutually agreed upon in writing by the Employer and the Employee.
During the 2011 Legislative Session, Ch. 2011-143 (HB 43/SB 88) was enacted, providing in
relevant part that on or after July 1, 2011, a unit of government that enters into an employment
agreement, or renewal or renegotiation of an existing employment agreement, that contains a
provision for severance pay with an employee, must include the following provisions in the
contract: (1) a requirement that severance pay provided may not exceed an amount greater than 20
weeks of compensation, and (2) a prohibition of provision of severance pay when the officer,
agent, employee, or contractor has been fired for misconduct, as defined in Section 443.036(30),
Florida Statutes, by the unit of government.
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9/25/2012 Item 12.F.
The proposed Extension of County Attorney Employment Agreement fixes the end date of the
second extension term as September 30, 2015, and amends the Employment Agreement to comport
with Ch. 2011-143,Florida Statutes.
FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits),
funds are appropriated in the County Attorney Office operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners advises the County Attorney
of its intent to extend the County Attorney Employment Agreement, fixing the end date of the
second extension term as September 30, 2015, and amending the Agreement to comport with Ch.
2011-143, Florida Statutes.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 6199
Item Summary: Recommendation that the Board of County Commissioners indicates its
intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, fixing
the end date of the second extension term as September 30, 2015, and amending the
Agreement to comport with Ch. 2011-143, Florida Statutes.
Meeting Date: 9/25/2012
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
Submitted by
Title: County Attorney
Name:KlatzkowJeff
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/19/2012
Name: OchsLeo
Title: County Manager
Date: 9/19/2012
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9/25/2012 Item 12.F.
EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT
("Extension")is made and entered into this day of , 2012, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Jeffrey A. Klatzkow, hereinafter called"Employee," as party of the
second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Attorney Employment
Agreement commencing April 23, 2008, which was extended by Extension Agreement dated
September 28, 2010 (collectively referred to as the "Agreement"), a copy of which is attached
hereto; and
WHEREAS,the Agreement expires September 30,2013; and
WHEREAS, the Agreement provides in relevant part that "On or before September 30th of
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;"and
WHEREAS, during the 2011 Legislative Session Ch. 2011-143 (HB 43/SB 88) was enacted,
providing in relevant part that on or after July 1, 2011, a unit of government that enters into an
employment agreement, or renewal or renegotiation of an existing employment agreement, that
contains a provision for severance pay with an employee, must include the following provisions in
the contract: (1) a requirement that severance pay provided may not exceed an amount greater than
20 weeks of compensation, and (2) a prohibition of provision of severance pay when the officer,
agent, employee, or contractor has been fired for misconduct, as defined in s. 443.036(30), by the
unit of government; and
WHEREAS,the Employer and Employee wish to amend the Agreement to comport with Ch.
2011-143, Florida Statutes, and to extend the term of the Agreement to September 30, 2015, in the
manner set forth below.
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:
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9/25/2012 Item 12.F.
1. The above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
September 30, 2015.
3. The Agreement is hereby amended to comply with Ch. 2011-143, Florida Statutes so that
notwithstanding anything to the contrary, any severance pay provided may not exceed an amount
greater than 20 weeks of compensation, and no severance pay shall be made if the Employee has
been fired for misconduct, as defined in s. 443.036(30),by the Employer.
4. 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.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk FRED W. COYLE,CHAIRMAN
WITNESSES: EMPLOYEE
By:
Print Name: JEFFREY A. KLATZKOW
Print Name:
Approved as for form
and le al sufficiency e fi.......L._
Co 1,Scott R. Teach
Deputy County Attorney
1
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9/25/2012 Item 12.F. ,;
U 41111
COUNTY ATTORNEY EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23`I day of April, 2008, by and
between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
called "Employer," as party of the first part, and Jeffrey A. Klatzkow, hereinafter called
"Employee,"as party of the second part,both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of Jeffrey A. Klatzkow as
County Attorney of Collier County;and
WHEREAS, it is the desire of the governing board, hereinafter called "Board of
County Commissioners" or "Board," to provide certain benefits, to establish certain
conditions of employment,and to set working conditions of said Employee;and
WHEREAS, Employee desires to accept employment as County Attorney of said
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1: Duties
Employee is hereby employed as, and shall have the authority, duties and
responsibilities of, County Attorney for Collier County. Employee shall act as chief legal
counsel to the Board of County Commissioners (Board) and shall provide legal
representation and advice to the Board and, as appropriate, the County Administrator
(Manager) and County staff. Where appropriate, Employee will provide legal assistance
to all of the Board's Advisory Boards and Committees, including but not limited to
providing Sunshine Law, Public Records Act and Ethics workshops. Employee shall
report directly to the Board and shall have sole responsibility for the employment and
management of the legal staff and operation of the County Attorney's Office.
Section 2: Term
A. Employee agrees to remain in the exclusive employ of Employer
until April 23,2011 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
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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.
C. Nearing the conclusion of the initial employment period, and any
applicable extensions, the Employment Agreement may be
renegotiated by the Employer. The Employee shall be given one
hundred-eighty (180) days notice of Board's intent to renegotiate
the Agreement or to allow the Agreement to expire without
renegotiation. In the event the Board's notice is not to renegotiate,
but for the Agreement to expire, no salary and deferred
compensation severance payment nor insurance benefits shall be
provided Employee or his dependents upon the expiration of the
Agreement. Elements of this Agreement may be changed at any
time when mutually agreed upon in writing by the Employer and
the Employee.
D. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Employer to terminate the services of
Employee at any time, subject only to the provisions set forth in
Section 4 of this Agreement.
E. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Employee to resign at any time from
his position with Employer, subject only to the provisions set forth
in Section 5 of this Agreement.
Section 3: Suspension
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Agreement,but only if:
A. A majority of the Board and Employee agree,or,
B. After a public hearing, a majority of the Board votes to suspend
Employee for just cause, provided, however, that Employee shall
have been given written notice setting forth any charges at least ten
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(10) days prior to such hearing by the Board of County
Commissioners' members bringing such charges. Just cause shall
include only willful misconduct or willful failure or disregard of
Employee's duties under this Employment Agreement.
Section 4: Termination and Severance Pay
In the event this Employment Agreement with Employee is terminated by the
Employer before expiration of the aforesaid term of employment and during such time
that Employee is willing and able to perform his duties under this Agreement, then, and
only in that event, Employer agrees to pay Employee, in addition to any amounts then
due Employee, including any unused leave, a lump sum cash payment within ten (10)
working days after the effective date of termination,as follows:
A. An amount equal to twelve(12)months of Employee's annual base
salary and benefits (universal leave and retirement) at the rate
effective on the date of termination, less any normally required
deductions, until such time that the Employee is vested/tenured in
the Florida Retirement System.
B. After such time that Employee is vested/tenured in the Florida
Retirement System, an amount equal to six (6) months of
Employee's annual base salary and benefits (universal leave and
retirement) at the rate effective on the date of termination, less any Aottv
normally required deductions.
Employee's individual and dependent health insurance benefits and term life
insurance benefits shall also be continued and provided by Employer for a period of six
(6)months after termination.
In the event Employee is convicted of any felony or of any crime involving moral
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.
Section 5: Resignation
In the event Employee voluntarily resigns his position with Employer before
expiration of the aforesaid term of his employment, then Employee shall give Employer
sixty (60) days advance written notice. If Employee voluntarily resigns, providing
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,
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)
successive weeks beyond any accrued leave,Employer shall have the option to terminate
this Agreement,subject to the severance pay requirements of Section 4.
Section 7: Salary
A. Employer agrees to pay Employee for his services rendered
pursuant hereto an annual base salary of $175,000 payable in bi-
weekly installments.
B. Employer and Employee shall negotiate in good faith to establish,
within one hundred and twenty (120) days after execution of this
Agreement, a performance based merit system through which the
Employee shall be eligible for a merit adjustment upon the
successful completion of measurable goals and objectives to be
completed or attained by the Employee during the 2009 fiscal year
and each fiscal year thereafter during the term of this Agreement.
Such annual performance based merit adjustment shall not exceed
a maximum of ten percent (10%) of the Employee's annual base
salary. The minimum increase for satisfactory performance under
such performance based merit system will equal the average
percentage salary adjustment provided to all County employees 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, special study pay adjustments, etc.) are granted
generally to Collier County employees, Employee's base salary
shall be modified to reflect the general wage adjustment granted to
other County employees.
Section 8: Performance Evaluation
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
evaluations based on said performance system will be provided by each County
Commissioner to Employee prior to September 1, 2009, and prior to each September 1st
thereafter for the term of this Agreement. A summary of all evaluations will be prepared
by the Board Chair for the Board and Employee including the recommended merit wage
adjustment.A merit system wage adjustment will take effect on October 1, 2009 and each
October 1st thereafter for the term of this Agreement. An updated performance merit
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system for Employee will be developed in good faith between the Board of County
Commissioners and Employee and adopted by the Board prior to October 1st of each
fiscal year for implementation in the next fiscal year.
Section 9: Hours of Work
All duties required hereunder shall be performed by the Employee personally, or
through the assistance of such County Attorney Office employees as may be made
available from time-to-time by the County and concerning which the Employee shall
assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Employee of 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 himself 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, 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 Employee without authority of the County.
Section 10: Outside Activities
The Employee agrees to remain in the exclusive employ of the County while
employed by the County.
Section 11: Automobile and Cellular Phone
Employer shall provide a cellular phone and service for the Employee's business
use. All County business travel outside of Collier County shall be reimbursed at a cents-
per-mile rate equal to the Florida statutory allowable rate then in effect.
Section 12: Insurance. Vacation.and Sick Leave
A. As an inducement to Employee to become County Attorney, at signature
hereof,Employee shall be credited with the carryover of his accrued vacation
and sick leave days to date into a universal leave account. Employee shall
accrue to his universal leave account an additional thirty (30) days per year,
not including County holidays, on a monthly basis of two and a half (2.5)
days per month. Employee is highly encouraged to utilize his universal leave
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.
B. Employer agrees to maintain in force for Employee all health, life insurance
or other insurance policies provided by County to its other employees.
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9/25/2012 Item 12.F.
9D F.
C. Unused universal leave will be paid at Employee's current rate of salary 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 medical and
dental, and dependent's coverage group insurance covering Employee and
his dependents. Term life insurance for Employee shall be provided at a
level of three times(3x)Employee's annual base salary. Disability insurance
income benefits shall be a fifty percent (50%) of Employee's annual base
salary. Employee shall continue to have the option of participating in the
County Leave Bank.
D. Employer agrees that annually, on the Employee's anniversary date of
employment with the County, the Employee will be paid for all hours of
accrued universal leave that exceed three hundred-sixty(360)hours.
E. All provisions of law and regulations and rules of the County relating to
holidays and other fringe benefits and working conditions as they now 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 benefits
specifically enumerated in this Agreement.
Section 13: Retirement
Employer agrees to execute all necessary agreements provided by ICMA
Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services
Corporation (as determined by Employee) and the Florida Retirement System for
Employee's continued participation in said retirement plans. Employer agrees to pay the
maximum allowable annual amount into the Employee's current retirement fund on
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
resignation or termination, or to Employee upon his retirement, in accordance with any
applicable rules, regulations or laws. The County Attorney is designated as a Senior
Management Service Class Employee.
Section 14: Dues and Subscriptions
Employer agrees that the public is served by Employee's participation in
professional organizations that enhance his professional development and in community
organizations through which Employee can enhance the level of service provided to the
Employer and its citizens.
Employer will budget for and pay for professional dues and subscriptions of
Employee necessary for his continuation and full participation in national, regional, state,
and local associations and organizations necessary and desirable for his continued
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professional participation, growth, and advancement, and for the good of the Employer,
including but not limited to: The Florida Bar Association; the Collier County Bar
Association; the Florida Association of Counties; and the Florida Association of County
Attorneys.
Section 15: Professional Development
A. Employer agrees to budget for and to pay for travel and subsistence
expenses of Employee for professional and official travel, meetings, and occasions
adequate to continue the professional development of Employee and to adequately pursue
necessary official functions for Employer, including but not limited to: lawsuits and
meetings involving Employer; County project financial meetings including bond
closings,etc.
B. Employer agrees to budget for and to pay for travel and subsistence
expenses of Employee for short courses, institutes, and seminars that are necessary for his
professional development and for the good of the Employer.
C. Employee may use an Employer pool or rental car for out-of-county
professional and business travel within Florida. All out-of-state travel not specifically
provided for herein shall be pre-approved by the Board of County Commissioners.
Reimbursement for out-of-county travel shall be as provided by Florida Statutes.
Section 16: Indemnification
R�.
In addition to that required under state and local law, Employer shall defend, save
harmless, and indemnify Employee 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 Employee's duties as County Attorney.
Section 17: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The Board and the Employee shall fix any such other terms and conditions of
employment as they may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement or any other law.
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Section 19: 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
3301 East Tamiami Trail
Naples,FL 34112
(2)EMPLOYEE: Jeffrey A. Klatzkow
14606 Indigo Lakes Circle
Naples,Florida 34119
Notices shall be deemed effective upon delivery or receipt.
Section 20: 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 Employee.
C. This Agreement is a personal services contract and neither this
Agreement nor Employee's obligations under this Agreement are
assignable.
D. This Agreement shall become effective commencing April 23,
2008 providing for an employment termination date of April 23,
2011 unless this Agreement is extended or renegotiated as
provided herein.
E. 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.
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9 D 3.1.1
IN WITNESS WHEREOF, the Employer 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 Employee has signed and executed this Agreement, both in duplicate, the month,
date and year first above written.
ATTEST:- . : BOARD OF COUNTY COMMISSIONERS
DWIGH-IT E. BRQCK.,,CLERK OF COLLIER COUNTY FLORIDA
. /
1 •, as to Cha . s TOM HENNIN ,CHA • N
WITNESSES: EMP •Y
oll fi III ri
44d.apyt--- _. Gam, ■WA.._
JEFF'i' A. K TA; OW
QOAS,119-kOJA--Approved as to form and
legal sufficiency:
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R.Teach
Managing Assistant County Attorney
COA6026
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• 9/25/2012 Item 12.F.
EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT
("Extension") is made and entered into this 28th day of September 2010, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called
"Employer," as the party of the first part, and Jeffrey A. Klatzkow, hereinafter called
"Employee," as party of the second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Attorney Employment
Agreement("Agreement")commencing April 23, 2008, a copy of which is attached hereto; and
WHEREAS, Section 2 of the Agreement provides that the term of employment may be
extended for a period of two (2) years by mutual written agreement of the Employer and
Employee; and
WHEREAS, pursuant to Section 2 of the Agreement, the end date of the first extension
term will be September 30th in order to correspond with the County's fiscal year; and
WHEREAS, the Employer and Employee wish to extend the term of the Agreement to
September 30, 2013, in the manner set forth below.
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
by reference as if set forth fully below.
2. The termination date of the Agreement as set forth in Section 2 is hereby extended to
September 30, 2013.
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.
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• 9/25/2012 Item 12.F.
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.
Attest: , �.:,.. BOARD OF COUNTY COMMISSIONERS
,IV ( H' ,•BLOCK, Clerk OF COLLIER COUNTY,FLORIDA
8,e.. Qa,l •C .
By
• _"7 1. Deputy Clerk FRED W. COYLE, CHAT
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WITNESSES: EMPLO .
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Print ame: trc3tvtto, • .1-etc JEF 7 Y • ATZKOW
QA1anclU.S. _ !
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Print Name:'wpb, RI l n
Approved as for form
and legal sufficiency
it
Scott RS-C.4 ch
Deputy County Attorney
2
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