Loading...
Agenda 09/25/2018 Item #12B09/25/2018 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2021. OBJECTIVE: To extend the term of the County Attorney Agreement by two years. 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. The original Agreement was scheduled to expire September 30 , 2011. On September 28, 2010, the Board extended the term of this Employment Agreement to September 30, 2013; on September 25, 2012, the Board extended the term of the Employment Agreement to September 30, 2015; on September 23, 2014, the Board extended the term of the Employment Agreement to September 30, 2017; and on September 27, 2016, the Board extended the term of the Employment Agreement to September 30, 2019. Section 2.B of the Agreement provides as follows: 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 Agreement is currently scheduled to expire on September 30, 2019. The proposed Extension of County Attorney Employment Agreement would extend this by two years, with the new end date of September 30, 2021. 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 item. RECOMMENDATION: That the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2021. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Extension - County Attorney Employment Agreement (DOCX) 12.B Packet Pg. 719 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 12.B Doc ID: 6781 Item Summary: Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2021. Meeting Date: 09/25/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 09/18/2018 2:15 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 09/18/2018 2:15 PM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2018 2:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2018 3:10 PM County Attorney's Office Emily Pepin CAO Preview Completed 09/18/2018 3:30 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/18/2018 3:32 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/19/2018 10:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 12.B Packet Pg. 720 1 EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT (“Extension”) is made and entered into this 25th day of September, 2018, 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 Agreements dated September 28, 2010, September 25, 2012, September 23, 2014, and September 27, 2016 (collectively referred to as the “Agreement”), a copy of which is attached hereto; and WHEREAS, the Agreement expires September 30, 2019; 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.” 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, 2021. 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 12.B.1 Packet Pg. 721 Attachment: Extension - County Attorney Employment Agreement (6781 : Recommendation to extend the County Attorney Employment 2 and executed this Extension, both in duplicate, the month, date and year first written above. Attest: BOARD OF COUNTY COMMISSIONERS Crystal Kinzel, Clerk OF COLLIER COUNTY, FLORIDA By: ____________________________ By: ____________________________ , Deputy Clerk Andy Solis, Chairman WITNESSES: EMPLOYEE ______________________________ By: ___________________________ Print Name: ____________________ Jeffrey A. Klatzkow ______________________________ Print Name: ____________________ Approved as for form and legality: _________________________________ Scott R. Teach, Deputy County Attorney 12.B.1 Packet Pg. 722 Attachment: Extension - County Attorney Employment Agreement (6781 : Recommendation to extend the County Attorney Employment