Agenda 12/11/2012 Item #10 B12/11/2012 Item 10. B.
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Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Torn Henning Fred W. Coyle Jim Colette
District 1 District 2 District 3 District 4 District 5
MEMORANDUM
Date: November 14`h 2012
To: County Manager Leo Ochs
From: Commissioner Henning, District 3
Re: Reconsideration
Please place on the December 2012 a reconsideration of item 14 B -2
Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and
execute an amendment to the employment agreement between the CRA and Penny S. Phillippi, the
Immokaiee CRA Executive Director, extending the term of employment three years, make certain
changes to the contract, and authorize the Chairman to sign. (Penny S. Phillippi, Executive Director,
Immokalee CRA)
cc:
3299 Tan iami Trail East, Suite 303 • Naples, Florida 34112 - 5746.239- 252 -8097 • FAX 238. 252.3602
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12/11/2012 Item 10.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.13.
Item Summary: Request for reconsideration by Commissioner Henning of Item 14132 from
the November 13, 2012 BCC Meeting titled: Recommendation that the Collier County
Community Redevelopment Agency (CRA) approve and execute an amendment to the
employment agreement between the CRA and Penny S. Phillippi, the Immokalee CRA Executive
Director, extending the term of employment three years, make certain changes to the contract,
and authorize the Chairman to sign.
Meeting Date: 12/11/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
11/15/2012 11:02:54 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/15/2012 11:02:56 AM
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/29/2012 9:08:11 AM
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12/11/2012 Item 10. B.
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EXECUTIVE SUMMARY
Recommendation that the Collier County Community Redevelopment Agency (CRA)
approve and execute an amendment to the employment agreement between the CRA and
Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of
employment three years, make certain changes to the contract, and authorize the
Chairman to sign. (Penny S. Phillippi, Executive Director, Immokalee CRA)
OBJECTIVE: Recommendation that the Collier County Community Redevelopment Agency
(CRA) approve and execute an amendment to the employment agreement between the CRA and
Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment
three years, make certain changes to the contract, and authorize the Chairman to sign. (Penny S.
Phillippi, Executive Director, Immokalee CRA)
CONSIDERATIONS: On December 3, 2007 the CRA Board entered into an employment
agreement with Penny S. Phillippi to serve as the Executive Director of the Immokalee
Redevelopment Area. As of October 3, 2012, the Executive Director's employment agreement is
within 90 days of expiration.
On October 17, 201.2, the Local CRA Advisory Board discussed the Executive Director's
employment agreement and unanimously agreed to recommend to the CRA Board to:
1. Extend the employment contract with the Executive Director for three (3) years until
December 3, 2015 and
2. Revise the agreement's terms to provide for COLA, and
3. Remove Section 13, requirement to reside in the Enterprise Zone, and
4. All other terms of the employment agreement remain intact.
The Amendment to the employment agreement is attached for CRA Chairman's signature upon
approval.
FISCAL IMPACT: Funds are appropriated as part of the CRA Trust Fund in each fiscal year
budget.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: No issue.
LEGAL CONSIDERATIONS: The proposed Extension and Amendment Agreement has been
reviewed by the County Attorney, is legally sufficient, and requires majority vote. -JAK
RECOMMENDATION: Recommendation that the Collier County Community Redevelopment
Agency (CRA) approve and execute an amendment to the employment agreement between the
CRA and Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of
employment three years, make certain changes to the contract, and authorize the Chairman to
sign. (Penny S. Phillippi, Executive Director, Immokalee CRA)
PREPARED BY: Penny S. Phillippi, Executive Director, Immokalee CRA
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12/11/2012 Item 10.13.
EXTENSION AND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN PENNY PHILLIPPI AND THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY
THIS EXTENSION AND AMENDMENT TO EMPLOYMENT AGREEMENT (hereinafter
referred to as "Extension Agreement") is entered into this 23rd day of October, 2012, by and
between Penny Phiilippi, the Executive Director of the Immokalee Community Redevelopment Area
(hereinafter the "Employee"), and the Collier County Community Redevelopment Agency
(hereinafter referred to as the "CRA Board').
WTTNESSETH
WHEREAS, on October 23, 2007, the Employee and the CRA Board entered into an
Employment Agreement wherein the CRA Board hired the Employee to serve as the Executive
Director of the Immokalee Community Redevelopment Area, a copy of which is attached as Exhibit
A; and
WHEREAS, by Agreement dated December 3, 2009, a copy of which is attached as Exhibit
B, the Employment Agreement was extended by three years, with a termination date of December 3,
2012; and
WHEREAS, the Employment Agreement provides for the terms of the Employee's annual
base salary but does not include a provision that allows her to receive a Cost of Living Adjustment
when offered to other similarly situated employees, such as the prior Executive Director for the
Bayshore- Gateway Triangle Community Redevelopment Area and other Administrator and Director
level contract employees of Collier County; and
WHEREAS, the parties desire to amend the Employment Agreement to include a provision
allowing the Employee to receive a Cost of Living Adjustment, if offered to other similarly situated
employees; and
WHEREAS, during the 2011 Legislative Session Ch. 2011 -143 (FIB 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 CRA Board and Employee wish to amend the Employment Agreement to
comport with Ch. 2011 -143, Florida Statutes, and to extend the term of the Employment Agreement
to December 3, 2015, in the manner set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to extend and amend the original Employment Agreement as follows:
1. The termination date of the Employment Agreement as set forth in Section 2 is hereby
extended to December 3, 2015.
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1, 12/11/2012 Item 10.13.
2. The Employment 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.
3. Paragraphs 7 and 13 of the Employment Agreement are modified as follows:
7. ANNUAL BASE SALARY. Director shall be paid for his her services
rendered pursuant hereto at the rate of eighty five thousand dollars ($85,000) per
year, payable in bi- weekly installments on the same dates as professional
employees of Collier County Government are paid. On the date that general wade
adjustments (i.e., cost of living %djustments, special gin& 2av ad
jusrtnerits etc.)
are granted generally to Collier County employees Director's base salary shall be
modified to reflect the general wage adjustment granted to other Count,,,X
employees.
4. Except as modified by this Extension, the Employment Agreement shall remain in full
force and effect. If there is a conflict between the terms of this Extension and the Employment
Agreement, the terms of this Extension shall prevail.
IN WITNESS WHEREOF, the parties have executed this Extension and Amendment to
Employment Agreement on the date set forth above.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
WITNESSES:
Print Name:
Print Name:
Jeffrey
County
, Deputy Clerk
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
EMPLOYEE
By:
Penny Phillippi, Executive Director
Immokalee CRA
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