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Agenda 05/10/2022 Item #16F 2 (County Managers Early Departure)    Proposed Agenda Changes Board of County Commissioners Meeting May 10, 2022 Continue item 14B2 to the May 24, 2022, BCC Meeting: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRA), authorize staff to obtain an appraisal, negotiate a Purchase Agreement with Catholic Charities Diocese of Venice, Inc. and take all actions required by Section 163.380(3)(a), Florida Statutes to convey 1.96 acres of CRA owned property in the Immokalee Community Redevelopment Area based on an unsolicited proposal. (District 5) (Commissioner McDaniel’s request) Continue item 16C6 to the May 24, 2022, BCC Meeting: Recommendation to authorize the County Manager, or his designee take whatever action is necessary to convey the 6.38 acre “lake expansion parcel” (Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a as the “Paradise Coast Sports Complex”) to the City Gate Community Development District, as allowed by the Board approved Contribution Agreement. (District 1) (Commissioner Taylor’s request) Move item 16D1 to 11B: Recommendation to approve and authorize the Chairman to sign two (2) Subrecipient Agreements between Collier County and NAMI Collier County, Inc., in the amount of $500,000 each to assist in obtaining suitable housing and funding under Emergency Rental Assistance Programs 1 and 2. (Grant Fund 705) (All Districts) (Commissioner McDaniel’s request) Withdraw item 16F2: Recommendation that the Board of County Commissioners approve the County Manager’s early departure from full-time service to the Board and agency as well as the Manager’s desire to remain on the payroll utilizing contractual leave to his planned July 1 retirement. (All Districts) (Staff’s Request) Move item 17A to 9C: An Ordinance of the Board of County Commissioners of Collier County, Florida, proposing Evaluation and Appraisal Review (EAR) based amendments to Ordinance 89-05, as amended, the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, specifically amending the Conservation and Coastal Management Element to address sea level rise, and update nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001271]. (All Districts) (Commissioner Taylor’s request) Note: Time Certain Items: Item 10D to be heard immediately following item 5A: Appointment of an acting County Manager 6/6/2022 11:47 AM 05/10/2022 16. F.2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the County Manager's early departure from full-time service to the Board and agency as well as the Manager's desire to remain on the navroll utilizing contractual leave to his blanned Julv 1 retirement. OBJECTIVE: To approve the County Manager's early departure from full-time service to the Board and agency. CONSIDERATIONS: Several months have passed since my COVID recovery and return to the office in November 2021, as I have attempted to balance my responsibilities as County Manager with my ongoing coronavirus rehabilitation. With each physician's office visit comes test results and a strong urging by my medical team to eliminate my work -related stress. By necessity, I have become very self -aware of my blood pressure and related issues and others around me have witnessed manifestations of its rising and expressed appreciated concern. It has become abundantly clear to me that it's time to step aside earlier than initially planned. On January 7, I announced a planned retirement date of July 1. Though that date remains in place for my official departure, it is my wish to step down from my full-time duties as County Manager on Friday May 13, 2022. Between that date and my official retirement, I will remain in service to the Board and the appointed Acting County Manager, in a consulting capacity, on various budget and financial matters until my official retirement date. During this time, it is my desire to utilize contractual, accumulated universal leave with any remaining post -July 1 balance being disbursed via my final paycheck. This action continues to provide for a seamless transition until such time as the recruitment and selection process for a new County Manager has completed. Nothing can be accomplished without a solid financial structure, and the next County Manager and senior leadership team will have a strong financial base from which to build and manage future County programs and projects. This is a particular point of pride for me as I have been fortunate to lead a team of fiscal and project professionals whose level of knowledge is only surpassed by their dedication. It is because of their work - both with and for me - that I can confidently state that I leave this agency better than I found it, and that I leave better from the experience. FISCAL IMPACT: Currently, Mr. Isackson has approximately 350 hours of contractual accumulated universal leave remaining. It is the Manager's desire to draw down this leave balance covering the June 3, June 17 and July 1 ending pay periods with any residual universal leave to be paid out as part of the final separation check of July 15. No additional compensable leave will be earned after leaving full time status on May 13, 2022. Sufficient budget exists to fund this expense. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The relevant portions of Mr. Isackson's Agreement provide as follows: Section 5: Resignation Packet Pg. 829 16. F.2 05/10/2022 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. Section 12: Insurance, Vacation, and Sick Leave C. Unused universal leave will be paid at Employee's current rate of salary upon termination, resignation, or contract expiration.... Employee shall continue to have the option of participating in the County Leave Bank. With that noted, this item is approved as to form and legality. -JAK RECOMMENDATION: That the Board approve the County Manager's early departure from full-time service to the Board and agency as well as the Manager's desire to remain on the payroll utilizing contractual leave to his planned July 1 retirement. Prepared by: Mark Isackson, County Manager ATTACHMENT(S) 1. Memo To Board January 7 2022(PDF) 2. Mark Isackson County Manager Contract (PDF) 3. Isackson Departure Memo (PDF) Packet Pg. 830 16. F.2 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 161.2 Doc ID: 22130 Item Summary: Recommendation that the Board of County Commissioners approve the County Manager's early departure from full-time service to the Board and agency as well as the Manager's desire to remain on the payroll utilizing contractual leave to his planned July 1 retirement. Meeting Date: 05/10/2022 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 05/04/2022 3:09 PM Submitted by: Title: County Manager — County Manager's Office Name: Mark Isackson 05/04/2022 3:09 PM Approved By: Review: County Manager's Office Mark Isackson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/04/2022 4:03 PM [11i�` N7f ��IJ►��!A1I17�1 JI Packet Pg. 831 1 6.F.2.a Office of the County Manager Mark Isackson 3299 Tamiami Trail East, Suite 202 • Naples Florida 34112-5746 - (239) 252-8383 MEMORANDUM DATE: January 7, 2022 TO: Collier County Board of County Commissioners RE: Accomplishments, Retirement, and Transition a� In the spring of 2021, 1 was hired by this Board to accomplish organizational changes, to streamline and improve operations, to enhance services to our customers, and to invest in our workforce by providing a a competitive employment package and career ladder. These strategic objectives have been met or are in o the final stages of implementation. U Using the summer recess as an opportunity to hit the ground running, in just a few months' time, the o M senior management team that I put in place has logged many accomplishments, including: N N Using the first five Board meetings after my May 3, 2021, start date to clear a backlog of land 04 use and zoning items matters, including the RLSA amendments; - Accomplishing a number of financial and operational objectives while supporting the Board as routine governmental business is conducted; - Submitting a balanced FY 22 Budget which continues the long-standing County financial and budget philosophy of policy -driven reserve growth, stable millage rate, regular capital infrastructure investment, maintaining or enhancing existing programs and services, investing in public safety operations and infrastructure, all while preserving year-end cash positions; - Pursuit of rational and cost-effective funding strategies for capital infrastructure investment; - Establishing a two-way partnership with FDOT District One Secretary, L.K. Nandam, which emphasized the County's desire to participate, when appropriate, in the early advancement of strategic transportation projects already in, or outside of, the five-year work horizon; - Meeting with President -Designate Passidomo on Collier County's legislative priorities, including the pursuit of a State Veterans' Nursing Home and Paradise Coast Sports Complex fieldhouse hardening; - Finalizing the Great Wolf Lodge economic development agreement (which the Board approved in the summer of 2021) providing for a tourism destination area inclusive of the Paradise Coast Sports Complex of which the lodge will be a key component; - Advancing the Golden Gate Golf Course renovation project through a golf and entertainment complex agreement with Club Corp/Big Shots Golf which now paves the way for timely construction of the new course following the plans offered by Nicklaus Golf Design; - Adjusting Facilities Management leadership in light of more than $250 million in stalled projects in various stages of completion; - Expeditious addressing of maintenance issues at our libraries, Domestic Animal Services campus, and parks; Packet Pg. 832 1 6.F.2.a - Repositioning functions and personnel to achieve operational effectiveness and identify middle management personnel for promotion; - Implementing structural changes including bifurcation of GMD; the return of Public Transit and Neighborhood Enhancement to GMD; leadership changes at Tourism and Facilities; updated mission and focus converting Internal Controls to Corporate Compliance and Continuous Improvement, the merging of Government Affairs and Communications under the auspices of the County Manager; Collapsing of the Administrative Services Department and reassignment of applicable personnel to other functions more aligned with each employee's skill sets; Strengthening of our County "bench," including the elevation of new Deputy County Managers Callahan & Patterson; the return of Mike Bosi as Director of Planning and Zoning; the hiring of Paul Beirnes as Director of Tourism; - Initiating a Compensation and Classification Study with Evergreen Solutions, LLC, to develop and implement an updated compensation plan to assist the County in competitively recruiting and retaining a high -performing work force while motivating employee work performance; Restructuring of our EMS pay plan (effective November 1) which reduced the vacancy rate from 24 to zero; - Regular BCC agency communications covering organizational development, structural agency changes, and "good of the order" announcements; Concise Executive Summaries for Board and public consumption with clear recommendations and inclusion of rationale for staff positions; The redesign and November 3d launch of a new, modernized, and user-friendly County website; - Capturing of the myriad internal and external newsletters, consolidating many into a new, relevant information publication for public and employee consumption; - Production of new, original programming for Collier TV and social media incorporating commissioner involvement; Expansion of internal and external awareness and utilization of Collier 311 information services; Implementation of a permanent hybrid remote meeting policy and agency reauthorization process to enhance public meeting participation. As you know, my recent experience battling COVID-19 presented considerable health challenges. The long-term effects of which can involve heart and lung problems, blood clots, and brain maladies. Indeed, no one is sure of the lasting health ramifications or impact on life expectancy of COVID-19. By all professional medical accounts, my case was severe. This has changed my perspective on life after only managing to survive by the grace of God and the skill of my doctors. I chose to return to work knowing that I would continuously evaluate my health, alter my work schedule accordingly, and adjust my retirement horizon, if necessary. On several occasions during my recovery, my doctor has advised that I greatly reduce my stress level and its exacerbation of ever -fluctuating vital signs. Having spent 18 years with Collier County and over 35 years in public management, I have decided to err on the side of caution, to focus on wellness and family, and retire effective July 1, 2022. Packet Pg. 833 1 6.F.2.a This County organization is now blessed with talent at the senior leadership level. With the creation of the tandem Deputy County Manager structure, coupled with the installation of capable departmental leadership, adept management and continued operation of this organization is assured, effectively allowing the Board to do its due diligence in selecting the next County Manager. To this end, in the coming days, I will be making a recommendation to the Board that I believe will facilitate a seamless transition, ensure organizational stability, and progress toward making Collier County Government a model for others to follow. Though my tenure in this role is much shorter than expected, I look at my full body of work since joining the County in March of 2004, and take great pride in my contributions - particularly in the financial strength and resiliency of our operation. Thank you for the opportunity and honor of being your County Manager, the trust and confidence placed in me and my leadership team, and the support and recognition you provide to the hardworking employees of Collier County that make our community the premier destination to live, work, and play. Packet Pg. 834 1 6.F.2.a My fellow County employees: As alluded to in my Thanksgiving email, my goal over the holidays and new year was to try and clear a better path toward improved wellness. Like many of you, I have family that still rely upon me to physically and financially "be there" for them, including my elderly mother. I came closer to bequeathing that responsibility than I care to admit... And, although my recovery over the past several months has been progressing in the proper direction, it has not been nearly at a pace at which I can be content. I have evaluated my work schedule and all of the options at my disposal to try and accelerate my full rehabilitation. After careful consideration of each, I have arrived at the conclusion that only one option is both fair to the agency and my recovery, and have decided to announce my retirement effective July 1, 2022. This delayed date should allow the Board of County Commissioners adequate time to approve my successor and to provide a seamless transition before my departure. 1 have not made this decision on a whim. The potential for this course of action became apparent a few 0) months ago with the initial recovery steps taken after my hospitalization. My physicians impressed 0 upon me that my case was severe and that it was imperative to maintain stabilization of my vital signs �? while adjusting my lifestyle to account for post-COVID conditions that might occur, including insomnia, Q continued respiratory issues, brain fog, and mood changes. I understood the warnings but came back to N work anyway just as soon as I could muster enough energy to put in at least half of a day. This should surprise no one... I had a stubborn streak prior to COVID... Though departing after one year was never contemplated by me or the Board during the selection process, I never planned to remain as County Manager past my initial three-year contract. I proffered a clear transformational goal for the agency that the Board approved by my hiring — a goal that would be achieved during my initial contract period. We have swiftly accomplished many of the reorganizational components and will continue to implement programmatic and operational changes consistent with my reorganizational plan. Likewise, my commitment to provide you the tools to effectively do your job and to update our antiquated compensation system continues as the Evergreen study recommendations are budgeted and implemented over the next several months. As I approach retirement status, I am proud of what has already been accomplished by my staff and departmental leadership and the agency talent that has been identified and cultivated over the past year. With the creation of the tandem Deputy County Manager structure, coupled with the installation of capable departmental leadership, adept management and continued operation of this organization is assured, effectively allowing the Board to do its due diligence in selecting the next County Manager. To this end, I will be presenting a recommendation to the Board that will facilitate a seamless transition, ensure organizational stability, complete our restructuring goals, and progress toward making Collier County Government a model for others to follow. As this process continues over the next few months, I will keep you updated as we press forward with our agency vision while continuing to serve the Board, residents, and visitors in our slice of paradise! Packet Pg. 835 16.F.2.b ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTt�4eb1AA§A1 dR&§&FILE FOR SIGNATURE Print on pink paper. Atteeh to oriRlnaf document. The completer! rnuting xiip and nrlitinsi documrats are to he fol "AFdcd to the t °ounq ,ittorocy timer at the time the item Is placed on the aaeada. All completed muting +Ilex and original dorumenk mart he received In the Coonty Atlornef Oflkr no later than Monday preceding The Board meeting. **NEW** ROUTING SLIP Complete routing lines NI through N2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ex lion of the Chairman's si ature draw a line throw routin lines N 1 it, 92 1 th Route to Addressees (List in routing order) ro com etc 001100AHSE..and Office forward to the Coun Initials Allom Oflicc. Date 1. 2. Ris1E Management Risl(Management 3. County Attorney Office County Attorney Office JAK 3-23-21 4. BCC Office Board of County Commissioners PT by JN/s/ 3-23-21 5. Minutes and Records Clerk of Court's Office PRIMAUNTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above_ may need to ennlnct onfr for ndditlnnnl ...!..n,.. fl Name of Primary Staff Jessica Hayes/County Attorney's Office Phone 239-252-8400 Contact / Department Agenda Date Item was March 23, 2021 Agenda Item Number 10A Approved by the BCC Type of Document County Manager Contract Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded 1NS,rutJC'1'10N8 & CHFVK1.11RT Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) I. Does the document require the chairman's original signature? STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JM" signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attome . 4. All handwritten strike -through and revisions have been initialed by the County Attomey's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JMH document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JMH signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! S. The document was approved by the BCC on March 23, 2021 and all changes made JMH during the meeting have been Incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the 6)9 Chairman's si ature. **********Please send a copy to Mark Isackson and Jeff Klatzkow********* 1: Forms/ County Forms/ BCC Forms/ Original Documents Rouling Slip WWS Original 9.03.04, Revised 1,26.05. Revixcd 2.24.05; Revised 1180/12 .:-, r_, 1 rajCA_ 65 F-i �n r a� L M a a� 0 U 0 M T N Packet Pg. 836 16.F.2.b MEMORANDUM Date: March 23, 2021 To: Jessica Hayes, Legal Assistant/Paralegal Office of the County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: County Manager Contract Attached for your records is a copy of the document referenced above, (Item #10A) approved by the Board of County Commissioners on Tuesday, March 23, 2021. The original has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment Packet Pg. 837 COUNTY MANAGER EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into with an effective date of March 23, 2021, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer," as party of the first part, and Mark R. Isackson, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of Mark R. Isackson as County Manager (the County Administrator) of Collier County, as provided by Collier County Ordinance No. 93-72, as amended, and Chapter 125, Part III, Florida Statutes; 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 Manager of Collier County; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Effective May 3, 2021, 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 set forth for a County Manager in Section 125.74, Florida Statutes. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer until May 3, 2024, 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, 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 Packet Pg. 838 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 such 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 (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: Packet Pg. 8 9771 A. An amount equal to 20 weeks of Employee's compensation at the rate effective on the date of termination, less any normally required deductions, as limited, and provided under Florida Statute § 215.425. B. In the event Employee has been fired for misconduct, as defined in Florida Statute § 443.036(29), Employee shall not be entitled to any severance payment as allowed under Florida Statute § 215.425, and Employer may terminate Employee's employment without notice. 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. 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 Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $230,000.00 payable in bi-weekly installments for the duration of the agreement. 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, 2021, 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, 2021 and each October 1st thereafter for the term of this Agreement. An updated performance merit 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 1 st 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 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 Packet Pg. 840 16.F.2.b 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: Cellular Phone Employer shall provide a cellular phone and service for the Employee's use. Section 12: Insurance. Vacation, and Sick Leave A. As an inducement to Employee to become County Manager, at signature hereof, Employee shall be credited with the carryover of his accrued 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 unpaid prior years earned retirement service credit. 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. Employee is authorized to sell back a portion of earned universal leave on a periodic basis. B. Employer agrees to maintain in force for Employee all health, life insurance or other insurance policies provided by County to its other employees. 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, not to exceed a maximum benefit of $500,000. Disability insurance income benefits shall be sixty-six and two thirds' percent (66.66%) of Employee's annual base salary and administered as specified by County policy. Employee shall continue to have the option of participating in the County Leave Bank. 4 Packet Pg. 841 D. Employer agrees that commencing on the second anniversary date of this agreement and annually thereafter, 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. 'm Section 13: Retirement r L M Employer agrees to execute all necessary agreements provided by ICMA o Retirement Corporation (ICMA-RC) or NACO Public Employees Benefit Services 0 Corporation (as determined by Employee) and the Florida Retirement System for 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 r 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 Manager is designated as a Senior c Management Service Class Employee in the Florida Retirement System and is entitled to v the retirement benefit contribution levels specified for same. Section 14: Dues and Subscription Employer agrees to budget for and to pay for professional dues and subscriptions 3 necessary for Employee's continuation and full participation in national, regional, state, v and local associations and organizations necessary and desirable for his continued r_ professional participation, growth, and advancement, and for the good of the Employer, Y including but not limited to: International City and County Managers Association and the Florida City and County Management Association. y Y L ection 1 S: Professional Development A. Employer hereby 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 the ICMA Annual Conference, Florida City and County Management Association annual seminar, Leadership Collier, and Leadership Florida. B. Employer also 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. Packet Pg. 842 C. All out-of-state travel not specifically provided for herein shall be pre - approved by the Board. Reimbursement for out -of -county travel shall be as provided by Florida Statutes. Section 16: Indemnification 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 L Employee's duties as County Manager. �a Section 17: Bonding o Employer shall bear the full cost of any fidelity or other bonds required of the L) Employee under any law or ordinance. o M N N 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 v Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any other law. c 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: Mark R. Isackson 2060 Pine Isle LN Naples, FL 34112 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. 6 Packet Pg. 843 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 March 23, 2021 providing for an employment termination date of May 3, 2024 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. 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. Packet Pg. 844 16.F.2.b ATTEST: CRYSTAL KINZEL Clerk of Courts & Comptroller WITNESSES: TWO WITNESSES: FIRST WITNESS 6'�., Pr t amg rn,7 SECOND WITNESS Lv Print Name SU&C,tvi ofsbl("V' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. ` Penny Taylor, Chair EMPLOYEE By: Crystal ,','�. •,.,T�' •, �Cr ', I, C , Cletic of Cotr"fs do hcarhycartify;hat the ahwQt islnf ` ' g.Cnuply'. Y; ooAy of original filed fn C• Ili tNer,trecl: ;i Date to �p�IyClet, 8 i L M Q. U 0 M N N Packet Pg. 845 16.F.2.c w Office of the County Manager Mark Isackson 3299 Tamiami Trail East, Suite 202 • Naples Florida 34112-5746 • (239) 252-8383 MEMORANDUM DATE: May 4, 2022 TO: Collier County Board of County Commissioners RE: Departure and Appointment of an Acting County Manager Several months have passed since my COVID recovery and return to the office in November 2021, as I have attempted to balance my responsibilities as County Manager with my ongoing coronavirus rehabilitation. With each physician's office visit comes test results and a strong urging by my medical team to eliminate my work -related stress. By necessity, I have become very self -aware of my blood pressure and related issues and others around me have witnessed manifestations of its rising and expressed appreciated concern. It has become abundantly clear to me that it's time to step aside earlier than initially planned. On January 7, 1 announced a planned retirement date of July 1. Though that date remains in place for my official departure, it is my wish to step down from my full-time duties as County Manager on Friday May 13, 2022. Between that date and my official retirement, I will remain in service to the Board and the appointed Acting County Manager, in a consulting capacity, on various budget and financial matters until my official retirement date. During this time, I will be utilizing contractual, accumulated universal leave with any remaining post -July 1 balance being disbursed via my final paycheck. No additional compensable leave will be earned after leaving full-time status on May 13, 2022. This action continues to provide for a seamless transition until such time as the recruitment and selection process for a new County Manager has completed. Nothing can be accomplished without a solid financial structure, and the next County Manager and senior leadership team will have a strong financial base from which to build and manage future County programs and projects. This is a particular point of pride for me as I have been fortunate to lead a team of fiscal and project professionals whose level of knowledge is only surpassed by their dedication. It is because of their work — both with and for me — that I can confidently state that I leave this agency better than I found it, and that I leave better from the experience. I hope that you will respect the reasons for my decision and honor this request. Packet Pg. 846