Backup Document 06/28/2022 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingjlines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 6/28/22
4. BCC Office Board of County
Commissioners Li)Atn3/s/ g/Z'IZz
5. Minutes and Records Clerk of Court's Office
to V-
6. **return one fully executed original County Manager
agreement to Amy Patterson**
PRIMARY CONTACT 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 contact staff for additional or missing information.
Name of Primary Staff Wanda Rodriguez Phone Number Ext. 8123
Contact/Department Office of the County Attorney
Agenda Date Item was 6/28/22 Agenda Item Number 11 E
Approved by the BCC
Type of Document(s) Employment Agreement—Amy Patterson Number of Original Duplicate originals
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? 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 legality. (All documents to be signed by JAK
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney 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 JAK
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 JAK
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 uploaded to the
agenda. 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!
8. The document was approved by the BCC on 6/28/22 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the J,07 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. *is line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
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COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into with an effective date of June 28,
2022, by and between Collier County ("County"), a political subdivision of the State of
Florida, by and through the Collier County Board of County Commissioners, hereinafter
collectively referred to as the "Board," as party of the first part, and Amy Patterson,
hereinafter called the "County Manager," as party of the second part, both of whom
understand as follows:
WITNESSETH:
WHEREAS, the Board desires to employ the services of Amy Patterson 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 Board to provide certain benefits, to establish
certain conditions of employment, and to set working conditions of the County Manager;
and
WHEREAS, the County Manager desires to accept employment as County
Manager of Collier County.
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1: Duties
Effective June 28, 2022, the County Manager 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. The County Manager agrees to remain in the exclusive employ of the
Board until September 30, 2025, as further specified below, 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 parties. 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 County Manager's
performance and(2)the County Manager's ability to successfully achieve
goals mutually developed and agreed to by the County Manager and the
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Board. The end date of each 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, this Employment Agreement may be renegotiated by the
Board. The County Manager shall be given one hundred-eighty (180)
days' notice of the 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 to the County Manager or their 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 parties.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the Board to terminate the services of the County Manager 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 County Manager to resign at any time, subject only to the
provisions set forth in Section 5 of this Agreement.
Section 3: Suspension
The Board may suspend the County Manager with full pay and benefits at any time
during the term of this Agreement, but only if:
A. A majority of the Board and the County Manager agree, or
B. After a public hearing, a majority of the Board votes to suspend the
County Manager for just cause, provided, however, that the County
Manager 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 the County
Manager's duties under this Employment Agreement.
Section 4: Termination and Severance Pay
In the event this Employment Agreement with the County Manager is terminated
by the Board before expiration of the aforesaid term of employment and during such time
that the County Manager is willing and able to perform their duties under this Agreement,
then, and only in that event, the Board agrees to pay the County Manager, in addition to
any amounts then due the County Manager, including any unused vacation leave, a lump
sum cash payment within ten (10) working days after the effective date of termination, as
follows:
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A. An amount equal to 20 weeks of the County Manager'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 the County Manager has been fired for misconduct, as defined in
Florida Statute § 443.036(29), the County Manager shall not be entitled to any
severance payment as allowed under Florida Statute § 215.425, and the Board
may terminate the County Manager's employment without notice.
Section 5: Resignation
In the event the County Manager voluntarily resigns their position with the Board
before expiration of the aforesaid term of her employment, then they shall give the Board
(60) days advance written notice. If the County Manager voluntarily resigns, providing
the Board with less than sixty (60) days' notice, the County Manager shall forfeit any
payment for accrued leave otherwise due and owing.
Section 6: Disability
If the County Manager is permanently disabled or is otherwise unable to perform
their duties because of sickness, accident, injury, mental incapacity or health for a period
of four (4) successive weeks beyond any accrued leave, the Board shall have the option to
terminate this Agreement, subject to the severance pay requirements of Section 4.
Section 7: Salary
The Board agrees to pay the County Manager for their services rendered pursuant
hereto an annual base salary of $270,000.00 payable in bi-weekly installments for the
duration of the agreement.
Section 8: Performance Evaluation
Starting in September 2023, the Board shall review and evaluate the performance
of the County Manager. Written evaluations based on such performance will be provided
by each County Commissioner to the County Manager prior to September 1, 2023, 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 the County Manager.
Section 9: Hours of Work
All duties required hereunder shall be performed by the County Manager
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 County Manager shall assume
full responsibility; provided, however, that nothing herein shall be deemed to absolve the
County Manager of personal responsibility for the duties set forth herein. The County
Manager shall be "on-call" twenty-four (24) hours a day, available to perform said duties
and agrees to make themself available as needed during said period. The manner and means
of performance of the duties herein shall be determined by the County Manager. All acts
performed by the County Manager, explicitly or implicitly, on behalf of the County,within
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the scope of their employment, shall be deemed authorized by the Board 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 County Manager without authority of the County or
the Board.
Section 10: Outside Activities
The County Manager agrees to remain in the exclusive employ of the Board while
employed as County Manager.
Section 11: Cellular Phone
The County Manager shall be provided a cellular phone and service for their use.
Section 12: Insurance and Paid Leave
A. The County Manager shall be credited with the carryover of their accrued
vacation and sick leave days, earned while working as an At-Will employee
of the County, through the date of the execution of this Agreement, as well
as personal leave credited but unused for calendar year 2022. Following
the date of this Agreement, the County Manager shall accrue vacation and
sick leave under the same terms and conditions as At-Will employees of the
County in like years of service, and will be eligible for Personal Leave as
provided in CMA 5360, Leaves of Absence.
B. The Board will maintain in force for the County Manager all health, life
insurance or other insurance policies as provided by the County to its At-
Will employees. The Board agrees to make required premium payments for
the County Manager for insurance policies for life, accidental death &
dismemberment, and disability income benefits, as well as major medical,
dental, and vision, and dependent's coverage group insurance covering the
County Manager and their dependent(s). Term life and Accidental Death
& Dismemberment insurance for the County Manager shall be provided at
a level of three times (3x) the County Manager's annual base salary, not to
exceed a maximum of$750,000. Disability income insurance benefits shall
be no more than sixty-six and two thirds' percent (66.67%) of the County
Manager's base annual salary, subject to the maximum benefit provision
and other provisions of the Disability insurance policies procured by the
County.
C. 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 the County Manager in the
manner that they apply to other At-Will employees of the County, in
addition to benefits specifically enumerated in this Agreement.
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D. The Board agrees that commencing on the first anniversary date of this
agreement and annually thereafter, the County Manager will be paid for all
hours of accrued vacation time that exceed four hundred eighty(480)hours.
Section 13: Retirement
The County Manager agrees to execute all necessary agreements provided by
ICMA Retirement Corporation/MissionSquare Retirement (ICMA-RC) and/or NACO
Public Employees Benefit Services Corporation (as determined by the County Manager)
and the Florida Retirement System for the County Manager's continued participation in
said retirement plans. The Board agrees to pay the maximum allowable annual amount, as
outlined under IRS regulations, into the County Manager's deferred compensation account
on the County Manager's behalf on a per pay period basis, ending at contract expiration or
separation from service. The County will transfer ownership to succeeding employers upon
the County Manager's resignation or termination, or to the County Manager upon their
retirement, in accordance with any applicable rules, regulations or laws. The County
Manager is designated as a Senior Management Service Class Employee in the Florida
Retirement System and is entitled to the retirement benefit contribution levels specified for
same.
Section 14: Dues and Subscriptions
The Board agrees to budget for and to pay for professional dues and subscriptions
necessary for the County Manager's continuation and full participation in national,
regional, state, and local associations and organizations necessary and desirable for her
continued professional participation, growth, and advancement, and for the good of the
County Manager, including but not limited to: International City and County Managers
Association and the Florida City and County Management Association.
Section 15: Professional Development
A. The Board hereby agrees to budget for and to pay for travel and subsistence
expenses of the County Manager for professional and official travel,
meetings, and occasions adequate to continue the professional development
of the County Manager and to adequately pursue necessary official
functions for the Board, including but not limited to the ICMA Annual
Conference, Florida City and County Management Association annual
seminar, Leadership Collier, and Leadership Florida.
B. The Board also agrees to budget for and to pay for travel and subsistence
expenses of the County Manager for short courses, institutes, and seminars
that are necessary for her professional development and for the good of the
County.
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.
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Section 16: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify the County Manager 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 the County Manager's duties as County Manager.
Section 17: Bonding
The County shall bear the full cost of any fidelity or other bonds required of the
County Manager under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The Board and the County Manager shall fix any such other terms and conditions
of employment as they may determine from time to time, relating to the performance of
the County Manager, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement or any other law.
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) Board: Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
(2) County Manager: Amy Patterson
Collier County Government Center
3301 East Tamiami Trail
Suite 200
Naples, FL 34112
Notices shall be deemed effective upon delivery or receipt. The County Manager
may change the address for notice by written communication (including email) to the
County Attorney, with a copy to the Human Resources Director.
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 the County Manager.
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C. This Agreement is a personal services contract and neither this Agreement
nor the County Manager's obligations under this Agreement are assignable.
D. This Agreement shall become effective commencing June 28, 2022, with
an employment termination date of September 30, 2025, 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 Board 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
County Manager has signed and executed this Agreement, both in duplicate, the month,
date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL 'K:KIN.ZEL OF COLLIER COUNTY, FLORIDA
Clerk of;OoiYr#s V • omptroller t/
. ._ , , d
, .__ 0.00
Cler W;' iam L. McDaniel, Jr., Chairman
Attests.to'Ct igriti c
signagoit n 0
WITNESSES: County Manager
F.,=Ct WTN
ed(1%644)
.env By:
Print Name Amy P erson
Se-oW" € %PA'L`
SECOND WITNESS
CellOtAiri
Print Nam Nan t M.&v e,Yt�
Approve l .. t. fi�• .n. legality:
..if lit
al�:ma .
Jeffrey • r
lair' ow, County Attorney
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