Agenda 09/23/2014 Item #11C9/23/2014 11.C.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the second extension
term as September 30, 2017.
OBJECTIVE: That the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., and fix the end date of the second extension term
as September 30, 2017.
CONSIDERATIONS: On October 27, 2009, the Board of County Commissioners and Leo E.
Ochs, Jr., entered into the County Manager Employment Agreement. On September 25, 2012, the
Board approved the first extension to the Agreement which is set to expire on September 30, 2015.
Section 2:B. of the Agreement is set forth below:
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 proposed Extension of County Manager Employment Agreement fixes the end date of the
second extension term as September 30, 2017.
FISCAL IMPACT: Funds are appropriated in the County Manager Office operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners extend the County Manager
Employment Agreement, fixing the end date of the second extension term as September 30, 2017.
PREPARED BY: Leo E. Ochs Jr., County Manager
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
9/23/2014 11.C.
Item Summary: Recommendation that the Board of County Commissioners extend the
County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the
second extension term as September 30, 2017.
Meeting Date: 9/23/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
9/16/2014 2:37:06 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
9/16/2014 2:37:07 PM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/16/2014 4:49:07 PM
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9/23/2014 11.C.
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
( "Extension ") is made and entered into this day of , 2014, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Leo E. Ochs, Jr., hereinafter called "Employee," as party of the
second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment
Agreement commencing October 27, 2009 (collectively referred to as the "Agreement "), a copy of
which is attached hereto; and
WHEREAS, the Agreement expires September 30, 2015; 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, 2017.
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 and executed this Extension, both in duplicate, the month, date and year first written
above.
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Attest:
DWIGHT E. BROCK, Clerk
LoSm
, Deputy Clerk
WITNESSES:
Print Name:
Print Name:
Approved as for form
and legal sufficiency
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
EMPLOYEE
By:
LEO E. OCHS, JR.
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9/23/2014 11.C.
9/23/2014 11.C.
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
( "Extension ") is made and entered into this o 6 day of 04 -t** ? 2 r , 2012, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Leo E. Ochs, Jr.,, hereinafter called "Employee," as party of the
second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment
Agreement commencing October 27, 2009 (collectively referred to as the "Agreement "), a copy of
which is attached hereto; and
WHEREAS, the Agreement expires October 27, 2013; 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;" and
WHEREAS, during the 2011 Legislative Session Ch. 2011 -143 (HB 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 Employer and Employee wish to amend the Agreement to comport with Ch.
2011 -143, Florida Statutes, and to extend the term of the Agreement to September 30, 2015, in the
manner set forth below.
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:
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9/23/2014 11.C.
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, 2015.
3. The 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.
4. 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 and executed this Extension, both in duplicate, the month, date and year first written
above.
Attest:
DWIGHT -0E .RbCi Clerk
r
Attest` 6s to- Chi fluty CierP
Ilgnu�k;ure ot 4 Lf;
WITNESSES:.:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
R
7"�'^- --'�`- '*ice,...
Bv:. -°'-� ..
FRED W. COYLE, CHAIRMA
EMPLOYEE
Approved as for form
and al sufficiezyy
Se tt R. Teach
Deputy County Attorney
r
Y
LEO`E. OCHS, JR. '
/ r
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9/23/2014 11
COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 27" day of October, 2009, by and
between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
called "Employer," as party of the first part, and Lco E. Ochs Jr., hereinafter called
"Employee," as party of the second part, both of wh6m understand as follows:
WPTNESSETH:
WHEREAS, Employer desires to employ the services of Leo E. Ochs, Jr. as
County Manager (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 said
Collier County; and
NOW THEREFORE, m consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1: Duties
The Employee shall have the authority, duties and responsibilities as set forth in
Section 3 of Ordinance No. 93-72, as such Ordinance has bean 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: Terre
A. Employ= agrees to ren uun in the exclusive employ of Employer until
October 27, 2013 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
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C.
9/23/2014 11.C.
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.
C. Nearing the conclusion of such four (4) year employment period, and
any applicable extensions, the Employment Agreement may be
renegotiated by the Employer. The Employee shall be given one
hundred - eighty (1$0) 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• SmMj;Mion
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Art, but only it
A. A majority of the Board and Employee agroe, 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
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due Employee, including any unused leave, a lump sum :cash payment within ten (10)
working days after the eff xtive date ofterminatiom as follows:
A. If termination occurs any time during the first two (2) years of this
Agreement, an amount equal to twelve (12) months of Employee's
annual base salary and benefits (universal leave and retirement) at the
rate effective on the date of termination, less any normally required
deductions. In such event, Employee's individual and dependent
health insurance benefits and term life insurance benefits shall also be
continued and provided by Employer for a period of twelve (12)
months after termination
B. If termination occurs after the first two (2) years of this Agreement, an
amount equal to six (6) months of Employee's annual base salary and
benefits (universal leave and retirement) at the rate effective on the
date of termination, less any normally required deductions. in such
event, Employee's individual and dependent health insurance benefits
and term life 'insurance benefits shall also be continued and provided
by Employer for a period of six (6) months affix termination.
In the event Employee is convicted of any felony or of any crime involving moral
turpitude, Employer may terminate Employee's employment without notice and without
any obligation to pay any aggregate severance sum or to provide post - germination
insurance benefits described in the above paragraphs.
Section 5; Resiznation
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, accidetrt, 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
A. Employer agrees to pay Employee for his services rendered pursuant
hereto an annual base salary of $165,000 payable in bi- weekly
installments.
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9/23/2014 11.C.
B. Employer and Employee shall negotiate in good faith to establish, within
one hundred and twenty (120) days after execution of this Agreement, a
performance based merit system through which the Employee shall be
eligible for a merit adjustment upon the successful completion of
measurable goals and objectives to be completed or attained by the
Employee during the 2010 fiscal year and each fiscal year thereafter
during the term of this Agreemmt. Such annual performance based merit
adjustment shall not exceed a maximum of ten percent (10%) of the
Employee's annual base salary. The minimum increase for satisfactory
performance under such performance based merit system will equal the
average percentage salary adjustment provided to all County employees
for the given fiscal year or three percent (3 0/*) whichever is greater. All
such merit adjustments shall be included in the Employee's base salary.
C. On the date that general wage adjustments (i.e., cost of living adjustments,
special study pay adjustments, etc.) are granted generally to Collier
County employees, Employee's base salary shall be modified to reflect the
general wage adjustment granted to other County employees.
Section 8: Performance Evaluation
The Employer shall review and evaluate the pmformanc.-e of the Employee in
accordance with the perfo martce •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, 2010, 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, 2010 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 1st 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
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 shalt 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.
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9/23/2014 11.C.
The Employee agrees to remain in the exclusive employ of the County while
employed by the County.
Section 11: Automobile and Cellular Phone
Employer shall provide Employee with a cash allowance in the amount of Five
Hundred and 00/100 Dollars (5500.00) per month as a vehicle allowance for the use of
Employee's privately owned vehicle for County business, Employer shall provide a
cellular phone and service for &c Employee's use.
Section 12' Lnsu*ace. Vation. and S
- jckl,4cave
A. As an induaanent 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 oilier kisurance policies provkIed by County to its other
employees.
C. Unused universal leave will be paid at Employee's current sate 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 Iife, accident, disability income benefits, major
medical and dental, and dependeart'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 0%) 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.
D. Employer agrees that commencing on the third 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.
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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 hm after 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.
Section 13: Retirement
Employer agrees to execute all necessary - agreements provided by ICMA
Retirement Corporation (ICMA -RC) or NACO Public Employees Benefit Services
Corporation (as determined by Employee) and the Florida Retirement System for
Employee's continued participation in said retirement plants. Employer agrees to pay the
maximum allowable annual amount into the Employees current retirement fiord on
Employees 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. Since August 1986, Employee has been and is
designated as a Senior Macageneent Service Class Employee in the Florida Retirement
System and is entitled to 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 necessary for Employee's continuation and full participation in national,
regional, state, and local associations and organizadons necessary and desirable for his
continued professional participation, growth, and advancement, and for the good of the
Employer, including but not limited to: International City and County Managers
Association and the Florida City and County Management Association.
Section 15: Professional Devel
A. Employer hereby agrees to budget for and to pay fear 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.
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, 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 Employee's duties as County Manager.
Section 17: Bonding
Employer shall bear the fall cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
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
Employee, provided such tenses 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) EWWYER: Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FL 34112
(2) EMPLOYEE Leo E. Ochs, Jr.
9139 The Lane
Naples, FL 34I09
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.
This Agreement shalt be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
This Agreement is a personal services contract and neither this Agreement
nor Emolovee's nbiivgtjoriS under this Agreement are assignable.
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