Agenda 11/10/2009 Item #14A
Agenda Item f'-Jo, 14A
November 10, 2009
Page 1 of 8
EXECUTiVE SUfviMARY
Recommendation that the Coliier County Community Redevelopment Agency
(eRA) approves, and authorizes its Chairman to sign, 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.
OBJECTIVE: That the Collier County CRA approves, and authorizes its Chairman to
sign, 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.
CONSIDERATIONS: Effective 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. The initial term of the employment agreement is two
years and will expire on December 3, 2009.
On October 21, 2009, the Locai eRA i"'.dvisory Board dIscussed the Executive Director's
employment agreement and unanimously agreed to recommend to the CRA Board to:
1. Extend the employment agreement with the Executive Director for three (3) years
until December 3,2012 and
2. All other terms of the employment agreement remain intact.
The proposed Amendment to the employment agreement is attached for CRA
Chairman's signature upon approval.
FISCAL IMPACT: There is no change in the total amount of compensation (salary and
benefits). Funds are appropriated as part of the CRA Trust Fund in each fiscal year
budget.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: There is no Growth
Management Impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: The ProP9sed Amendment to the employment
agreement has been reviewed by the County Attorney and is legally sufficient for Board
approval.- JAK
RECOMMENDATION: That the Collier County CRA approves, and authorizes its
Chairman to sign, 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.
PREPARED BY:
Penny S. Phillippi, Executive Director, Immokalee CRA
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Agenda Item No. 14A
November 10, 2009
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BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
14A
Recommendation that the Collier County Community Redevelopment Agency (eRA)
approves, and authorizes its Chairman to sign. 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,
Meeting Date:
11/10/20099:0000 AM
Prepared By
Penny Phillippi lmmokalee, CRA Date
BCC County Redevelopment Agency 10/21/20093:55:06 PM
Approved By
Jeff Klatzkow COLmty Attorney Date
CO;Jnty Attorney County Attorney Office 10/30/20092:21 PM
Approved By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 10/30/20093:56 PM
,,-,,- Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 11/2/20099:20 AM
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Agenda Item No. 14A
November 10, 2009
Page 3 of 8
AMENDMENT TO IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AMENDMENT TO IMMOKALEE REDEVELOPMENT AREA EXECUTIVE
DIRECTOR'S EMPLOYMENT AGREEMENT ("Amendment") is made and entered into this
_ day of , 2009, b~' '1nd bet-Neen the Collier County Community
Redevelopment Agency (the "CRA Board") and Penny S. Phillippi (the "Executive Director").
RECITALS:
WHEREAS, the parties entered into an Employment Agreement dated October 23, 2007,
(effective December 3, 2007) a copy of which is attached hereto; and
WHEREAS, the initial term of the Employment Agreement is scheduled to terminate on
December 3,2009; and
WHEREAS, Section 3 of the Employment Agreement provides: "The initial term of this
Agreement with the Director shall be for two (2) years from the date of execution of this
Agreement, with three (3) three year renewals upon approval of the CRA Board and the
Director; II 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. Consisteht with Section 3 of the Employment Agreement, the termination date is
hereby extended to December 3, 2012.
3. Except as modified by this Amendment, the Employment Agreement shalll'emain
in full force and effect. If there is a conflict between the tenns of this Amendment and the
Employment Agreement, the terms of this Amendment shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Agenda Item No, 14A
November 10, 2009
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first above written.
Print Name:
Witnessl;:s;
Print Name:
Attest:
DWIGHT E. BROCK, Clerk
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
By:
Approved as to form
and leg I u ciency:
Page 2 of2
Aoenda Item f'-Jo. 14A
Y\!ovember 10, 2009
Page 5 of 8
. 14A
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EMPLOYMENT AGREEMENT BETWEEN
PENNY PHILLIPPI AND THE BOARD OF THE 2117 NOV -2 AM 7: 45
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT Is made and entered into this :l:!/d day ofCt::k>Itut, 2007,
by and between the Board of the Corller County Community Redevelopment Agency (the
"CRA Soard"), and Penny PhillippI.
In consIderation of the mutual covenants herein contained, the parties do agree
as follows:
1. APPOINTMENT OF THE IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR: Pursuant to action taken by the CRA Board at its
October 23, 2007 meeting, Ms. Penny Phillippi ("Director") was selected to
be the Executive Director of the Immokalee CommunUy Redevelopment
Area ("ICRA"), effectIve December 3,2007.
2. DUTIE&: The Director shall perform the functions and duties typical of a
person in the position of a Director of a Community Redevelopment
Agency, including but not limited 10:
a. Director shall act as the Chief Administrative Officer of the ICRA,
reporting to and responsible to 1he CRA Board and be responsible for
the day to day implementation of the leRA programs and activities
including ICRA staff selection and supervision. This shall' be
accomplished in close cooperation with the County Manager's Office
and County Departments.
b. Director shall devote full time efforts to the eRA and its mission.
c. Director shall per10rm such other assocIated and legally required
duties and functions, as the ICRA Board shall direct.
d. Director agrees to perform all such functions and dU1ies, fai1hfully,
competently, professionally and promptly to the best of the Director's
abJlity.
e. Director, at the direction of the CRA Board and the Board of County
Commissioners, may be required to carry out the promotional aspects
of the Enterprise Zone which geographically encompasses the
Immokalee Community Redevelopment Area.
3. AGREEMENT LENG11!. The initial term of this Agreement wIth the DIrector,
shall be for two (2) years from the date of execution of this Agreement, with
three (3) three year renewals upon approval at the CRA Board and .1he
Director.
4. PERFORMANCE EVALUATION: After one year of employment the eRA
Board a'grees to review and evaluate the performance of the Director on an .
annual basis prior to the CRA budget adoption. The CRA Board shall
provIde the Director with a written summary statement of the findings of the
Board and provide adequate opportunity for the Director to discuss her
evaluation with the CRA Board. Based upon said review and the
Agenda Item No. 14A
November 10, 2009
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performance evaluation, Director's annual base salary may be adjusted by
an amendment to this agreement approved by the CRA Board and the
Director.
6. RESIGNATION: In the event Director voluntarIly resigns her position with
the eRA Board, then the Director shall give the eRA Board a minimum of
ninety (90) days written notIce In advance, unless the parties agree to
waIve such notice requirement.
6. SEVERANCE TERMS AND CONDITION~: In the event Director Is
terminated by the CRA Board without cause, the CRA Board agrees to pay
Director an amount equal to three months (3) months of Director's base
salary.
In the event Director Is terminated by the CRA Board with cause, then the
Director shall not be entitled to any severance. The term, "with cause", shall
include the Director's resignation submittal; failure, neglect or refusal to
come to work despite being in good hearth; convlctlon of a felony crime; the
inability to perform his duties as defined herein; consistent substandard
performance; violation of any local State and federal sexual harassment or
unlawful discrimination laws.
7. ANNUAL SASE SALARY: Director shall be paid for his services rendered
pursuant hereto at the rate of eighty five thousand dollars ($65,000) per
year, payable in bi-weekly installments on the same dates as professional
employees of Collier County Government are paid.
8. BENEFIT PACKAGE: eRA Board agrees to provide a comprehensive
benefit paCkage tor Director equal to that which is currently provided to
professional personnel of Colller County Government.
9. SICK. VACATION. PERSONAL AND Ho~rDAY LEA\(~: Director shall
accrue sick. vacation. personal and holiday leave at the same frequency
and with the same carryover and other limitations, If any, as currently
provided to professional personnel under Collier County Government's Pay
Plan. Director will also receive a payout for aU accrued but unused vacation
time consistent with the County Manager's Policies and Procedures
regarding payment of benefits at separation. '
10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the
reasonable and customary professional dues and subscriptions of Director
necessary tor her continued professional participation, growth and
advancement, including national and state professIonal organizations.
11. PROFESSIONAL DEVELOPMEf'jT: CRA Board agrees to pay the
reasonable and customary Iravel and subsistence expenses (in accordance
with applicable Florida law), for Director and his staH's travel and
attendance at any meetings and conferences, which the eRA Board shall
approve.
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Agenda Item i\Jo. 14A
November 10. 2009
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12. AUTOMOBILE: Because of the distance between Immokalee and Naples
and other rocations related to the carrying out of CRA business and the
need for the Director to be present in Naples on a regular basis to execute
the functions and duties of the Director, the DIrector shall be paId a monthly
car allowance In the amount of five hundred dollars ($500) for the use of
her personal car to carry out the duties related to the DIrector.
13. RESIDENCY: The Executive Director has agreed to reside within the
Immokalee Enterprise Zone #1101 within six (6) months of the date of hire
and continue such residency during the entire duration of her employment
with the eRA Board.
14. GENERAL PROVrSIONS:
The provisions of this Agreement constitute the entire understanding
between the parties. Only the representations and understandings
contained herein shall be binding upon the eRA Board and the Director.
No other representations or understandings are binding on the CRA Board
and the Director unless contained In a subsequent, duly adopted and
executed written Amendment to this Agreement.
15. GOVERNING LAW: This Agreement shall be governed by the laws of the
State of Florida.
15. VENUE; Director and the eRA Board agree that the sole venue for any
disputes arising under this agreement shall be the Twentieth Judicial Circuit
in and for Collier County, Florida In Naples, Florida.
16. SEVERABILITY: SI10uld any provision 01 this Agreement be declared by a
court 01 competent jurisdiction 10 be Invalid, the same shall not affect the
validity of the Agreement as' a whole, or any part thereof, other than the part
declared to be invafid,
17. EFFECTIVE DATE OF THIS AGREEMENT: The Agreement shall become
effective upon execution.
IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency,
County of Collier, State of Florida. has caused this Agreement to be signed and
executed on its behalf by its Chair, and duty attested to by Its C~erk and approved as to
form and legal sufficiency by the CRA Board General Counsef, and the Director has
signed and executed this Agreement, that day and year first written.
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ATTEST:. . : '. ',...:
DWIGHT E. BROCK; QLERK
BY:
~'f f\J.i~.lAii~O.G.
~ at to ~lerk
A~ ..brm'anq
Le~lr/2 LL
Scott Teach
Managinq AssIstant County Attorney
Agenda Item No. 14A
November 10, 2009
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REDEVELOPM NTAGENCY
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