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Agenda 01/08/2013 Item #10D 1012 1/8/2013 Item 10.D. EXECUTIVE SUMMARY Recommendation to adopt a Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. OBJECTIVE: To terminate the Employment Agreement with the Executive Manager to the Board of County Commissioners pursuant to Section 6 of the Employment Agreement. CONSIDERATIONS: On May 25, 2010,the Board of County Commissioners(Board) entered into an Executive Manager to the Board of County Commissioners Employment Agreement with Ian Mitchell (copy attached). Section 6 of the Employment Agreement entitled "Termination and Severance Pay" requires the following two-part process in order for the Board to terminate the Employment Agreement. ". in the event the COUNTY desires to terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of County Commissioner, COUNTY may do so only in the following manner: 1) A resolution in intent to terminate EMPLOYEE shall be adopted by an affirmative vote of a three fifths majority of the entire membership of the Board only after said resolution has been placed on the agenda of a regularly scheduled Board meeting and where said agenda item has been included as a part of the published agenda of the Board meeting. 2. Upon adoption of a resolution of intent to terminate EMPLOYEE, the Board may consider the adoption of a resolution terminating EMPLOYEE at a regularly scheduled meeting of the Board not less than fourteen (14) days thereafter. The resolution terminating EMPLOYEE shall require an affirmative vote of a three fifths majority of the entire membership of the Board for adoption. In the event of termination, such termination shall be effective at such time and upon such conditions as may be set by the Board in the resolution terminating EMPLOYEE." On September 26, 2012, the Board directed the County Attorney to review the Employment Agreement for the purpose of initiating the termination process. On October 9, 2012, the Board completed the first step in this process by adopting a Resolution confirming its intent to terminate the Employment Agreement. The proposed Resolution is the second step in this process. Section 6. C. of the Employment Agreement sets forth the compensation due to the employee as follows: "C. In the event of termination in accordance with the procedures set forth in Subsection 6.B,COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a lump sum cash payment equal to six (6) months aggregate salary within ten (10) working days after the effective date of termination. Packet Page-2162- Packet Page -430- • 1/8/2013 Item 10.D. 10/2.,.", ._ ..,.... ..... ..... EMPLOYEE shall also be compensated in accordance with CMA#5360— Leaves of Absence for all vacation, holidays, and other accrued benefits to date. EMPLOYEE's individual health, dental and term life insurance and dependent health insurance benefits shall be provided for a period of twelve (12) months after termination." If approved by the Board,the Termination would be effective immediately. FISCAL IMPACT: Total fiscal impact is approximately$64,662.05, calculated as follows: 32,866.44 6-month severance 2,500.00 Vacation Payout(this is an estimated amount,based on current balances) 23,790.90 Medical Insurance(family coverage)- $991.29 x 24 pay periods 429.12 Dental Insurance(single coverage) -$17.88 x 24 pay periods 538.08 Life Insurance=($22.42 x 24 pay periods) 1,831.98 ER FRS (payable on 6 month's severance+vacation term pay @ 5.18%) 2,705.53 ER SS &Medicare (@ 7.65%on severance and vacation term pay) GROWTH MANAGEMENT PLAN IMPACT: None. LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney, is legally sufficient, and requires majority support for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. PREPARED BY: Jeffrey A.Klatzkow, County Attorney Packet Page-2163- Packet Page-431- 1/8/2013 Item 10.D. 1012-•-- -- ------ - --- ---- RESOLUTION NO.2012- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TERMINATING THE EMPLOYMENT AGREEMENT WITH THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS. WHEREAS,on May 25, 2010,the Board of County Commissioners(Board)entered into an Executive Manager to the Board of County Commissioners Employment Agreement with Ian Mitchell,a copy of which is attached hereto;and WHEREAS, Section 6 of the Employment Agreement sets forth the procedure by which the Board may terminate the Employment Agreement which includes the adoption of a "resolution of intent to terminate" after said resolution has been placed on the agenda of a regularly scheduled Board meeting;and WHEREAS, the Board adopted Resolution No 2012 - 188 on October 9, 2012, confirming its intent to terminate the Employment Agreement;and WHEREAS, Section 6 of the Employment Agreement further provides that not less than fourteen (14) days after the adoption of a resolution of intent to terminate, the Board may, at a regularly scheduled meeting, consider the adoption of a resolution terminating the Employment Agreement;and WHEREAS, although Mr. Mitchell continues to indicate that he remains willing and able to perform the duties of Executive Manager to the Board of County Commissioners, the Board no longer wishes to employ the services of Mr.Mitchell. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the Executive Manager to the Board of County Commissioners Employment Agreement with Ian Mitchell is hereby terminated in accordance with Section 6 of the Employment Agreement. Packet Page-2165- Packet Page-432- 1/8/2013 Item 10.D. 10/2_--- -- __-- THIS RESOLUTION ADOPTED after motion, second and majority vote favoring a same,this 23rd day of October,2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk FRED W.COYLE, CHAIRMAN App •v to form and ' ciency: Je`• � v ow Co ttorney 2 Packet Page-2166- Packet Page -433- 1012. 1/8/2013 Item 10.D. 16113 EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT referred to as "Agreement") is made and entered into this 25th day of' May by and between COLLIER COUNTY, a political subdivision of the State of Florida,by and through its Board of County Commissioners(hereinafter referred to as "COUNTY") and IAN MITCHELL (hereinafter referred to as "EMPLOYEE"), both of whom understand as follows: WITNESSETH: WHEREAS, from 2009 to 2010 EMPLOYEE has served Collier County in his capacity as office supervisor for the Board of County Commissioners (sometimes referred to herein as the "Board" or the "BCC") and has demonstrated the professional and administrative competence desired by the COUNTY;and WHEREAS,the COUNTY desires to employ the services of EMPLOYEE as the Executive Manager to the Board of County Commissioners;and WHEREAS,EMPLOYEE desires to be employed as the Executive Manager to the Board of County Commissioners;and WHEREAS, it is the desire of the COUNTY (1) to secure and retain the services of EMPLOYEE and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring EMPLOYEE's morale and peace of mind with respect to employment security; and (3)to provide a specific term for the employment with a just means for terminating EMPLOYEE's services. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other such good and valuable consideration, the receipt of which the parties hereto expressly acknowledge,the parties covenant and agree to the following terms and conditions: Section 1. Duties: EMPLOYEE is hereby employed as,and shall have the authority,duties and responsibilities of, Executive Manager to the Board of County Commissioners' office. EMPLOYEE shall act as office manager to the Board of County Commissioners(Board). EMPLOYEE shall report directly to the Board and shall have sole responsibility for the employment and management of the administrative staff and operation of the Board of County Commissioners' Office. EMPLOYEE's general job description is attached as Exhibit 1. In addition,EMPLOYEE is considered essential personnel and is required to be on site and participatory during an emergency event or meeting. EMPLOYEE shall also develop written policies for the day to day business of the office and such policies shall be appno ed by the Board. EMPLOYEE is responsible for training new administrative staff and ensuring that duties are equally distributed. EMPLOYEE shall either redistribute the responsibilities and workload of a 1 - - Packet Page-2167- . . -- __.__._._ _...._._ Packet Page-434- 10/2 1/8/2013 Item 10.D. 16H3 Commissioner's Aide if the Aide is ill or on an excused absence and no temporary replacement is available or EMPLOYEE shall assume the absent Aide's responsibilities. Se! on 2. AdmisblEatelia: As stated in Section 1 above, EMPLOYEE shall have direct responsibility for the employment and management of the administrative staff, i.e., Commissioner Aides and Receptionist,in consultation with the Board of County Commissioners,as follows: A. The recruitment of an aide for each Commissioner will be achieved with full consultation of the specific Commissioner for whom the aide is to work. The recruitment procedure will follow the established policies of the County's Human Resources Department and the assigned Human Resources Generalist will assist with the recruitment. Upon achieving a short list of candidates, the specific Commissioner will meet with each of the candidates and then communicate his or her observations and hiring recommendation to the Employee so that an offer of employment can be made. The recruitment of a general office position (e.g., a Receptionist) will follow the same procedure except that the participation and commumication of each Commissioner will be had prior the Employee extending an offer of employment. B. The Employee will implement discipline within the office in accordance with CMA#5351. When appropriate,after full communication and concurrence with the specific Commissioner for an individual Aide, the standard disciplinary procedures involving memorandums ndums of concern, supervisory logs, written counseling and behavior action plans for suspension, demotion, and termination will be implemented. The Employee will confer with all the Commissioners, if any disciplinary action will impact another Commissioner's ability to perform his or her duties. Should there be any disagreement on a particular course of disciplinary action that cannot be resolved,the matter will be brought before the Board of'County Commissioners for a recommended course of action. Verbal counseling by the Employee will not require prior discussion with a specific Commissioner but that Commissioner will be apprised of any such action taken. The job descriptions of the Administrative staff are attached as Exhibit 2. Administrative staff shall have the same benefits including without limitation,all salary adjustments,cost of living increases and merit pay consideration as employees under the County Manager agency and shall follow the same personnel rules and procedures as adopted by the County Manager as they currently exist or may be revised from time to time (the words"Executive Manager to the Board of County Commissioners"shall replace"County Manager"or"County Administrator"where applicable). With Board approval, EMPLOYEE may also elect from time to time to opt out of County Manager rules and procedures or change those rules and procedures that would otherwise apply to administrative staff. The EMPLOYEE shall work with the Office of the County Attorney to develop a Confidentiality Agreement, subject to Board approval, that prevents the divulgence, disclosure and release of confidential and/or sensitive information acquired during the course of the EMPLOYEE'S and the Executive Aides' employment with the Board not otherwise authorized or compelled by law. 2 ---Packet Page-2168--- Packet Page-435- 10/2 1/8/2013 Item 10.D. 16113 EMPLOYEE aclnowledges and agrees that Commissioner Aides may freely meet with the Cmmrni4aioners to whom they are assigned to discuss issues or carry out assignments without the permission but with the knowledge of EMPLOYEE crops designated confidential by the Commissioner. Administrative staff shall be evaluated for purposes of performance appraisals and merit pay consideration by the EMPLOYEE in conformity with criteria and procedures as set forth in the Policies and Procedures of the County Manager agency after consultation with any Commissioner(s)to whom any particular staff member may be assigned. Any conflict between a Commissioner and EMPLOYEE regarding the evaluation of an administrative staff member shall be resolved by the full Board of County Commissioners. Section 3. Testa of Etnnaloymant: A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of four (4) years and to neither accept other employment nor to become employed by any other employer until termination of employment pursuant to this Agreement. The term of this Agreement runs from May 27,2010 through May 26,2014. B. Nearing the conclusion of the employment period stated herein and any applicable extensions,this Employment Agreement may be re-negotiated by the COUNTY. The EMPLOYEE shall be given one hundred eighty(180)days notice of Board's intent to re-negotiate the Agreement or to allow the Agreement to expire without re-negotiation. In the event the Board does not give notice to re-negotiate the Agreement shall expire and no salary, deferred compensation severance payment or 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 by the COUNTY and the EMPLOYEE. C. Nothing in this Agreement shall prevent,limit or otherwise interfere with the right of the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section 6 of this Agreement. D. 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 COUNTY, subject only to the provisions set forth in Section 7 of this Agreement. Section 4. Savpgign: COUNTY may suspend the EMPLOYEE with full pay and benefits at any time during the term of this Agreement,but only if: A. A three fifths majority of the Board and EMPLOYEE agree,or 3 _._....._.. Packet Page-2169- Packet Page-436- 1 0/2 1/8/2013 Item 10_D. 16113 4044% B. After a public hearing, a three fifths 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' member(s) bringing such charges. Just cause shall include only willful misconduct or willful failure or disregard of EMPLOYEE's duties under this Employment Agreement Section 5. Salary: A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary of 564,444.00 payable in biweekly installments. B. COUNTY and EMPLOYEE agree that the Action Plan criteria in Section 9 and the attached Job Description shall be used to evaluate the EMPLOYEE's performance. 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%) whichever is greater. All such merit adjustments shall be included in the EMPLOYEE's base salary or provided as a one-time lump sum bonus,as determined by the COUNTY. C. On the date that general wage adjustments (Le., 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 6. Termination and Severance Par. A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this Agreement, without notice and without any obligation to pay the severance pay designated in this Section,as follows: 1) EMPLOYEE is convicted of any felony or any crime involving moral turpitude or dishonesty. 2) EMPLOYEE uses illegal drugs; 3) EMPLOYEE commits any act or acts that harm the COUNTY's reputation, standing,or credibility within the community. B. Except as set forth in Subsection 6.A above, in the event the COUNTY desires to terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of County Commissioners, COUNTY may do so only in the following manner: 1) A resolution of intent to terminate EMPLOYEE shall be adopted by an affirmative vote of a three fifths majority of the entire membership of the Board only after said resolution has been placed on the agenda of a regularly scheduled Board 4 Packet Page-2170--- - -- Packet Page -437- 10/2, 1/8/2013 Item 10.D. 16 H 3 meeting and where said agenda item has been included as a part of the published agenda of the Board meeting. 2) Upon adoption of a resolution of intent to terminate EMPLOYEE, the Board may consider the adoption of a resolution terminating EMPLOYEE at a regularly scheduled meeting of the Board not less than fourteen(14) days thereafter. The resolution terminating EMPLOYEE shall require an affirmative vote of a three fifths majority of the entire membership of the Board for adoption. In the event of termination,such termination shall be effective at such time and upon such conditions as may be set by the Board in the resolution terminating EMPLOYEE. C. In the event of termination in accordance with the procedures set forth in Subsection 6)3, COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a lump sum cash payment equal to six(6)months aggregate salary within ten(10)working days after the effective date of termination. EMPLOYEE shall also be compensated in accordance with CMA #5360 — Leaves of Absence for all vacation, holidays, and other accrued benefits to date. EMPLOYEE'S individual health, dental and term life insurance and dependent health insurance benefits shall be provided for a period of twelve(12)months after termination. Section 7. Resignation: In the event EMPLOYEE voluntarily resigns his position with COUNTY,before expiration of the aforesaid term of his employment, the EMPLOYEE shall give COUNTY sixty (60) days notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty (60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and owing. Section& Disablkhv: 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 accrues! leave, COUNTY shall have the option consistent with applicable law to terminate this Agreement,subject to the severance pay requirements nts of Section 6C Section 9. Perform Evalnallep: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance-based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2010, and prior to each October 1" thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE,distributed to the COUNTY,and placed on the Board agenda for the last meeting in September for the term of this Agreement. A merit system wage adjustment will take effect on October 1, 2010 and each October 1'thereafter for the term of this Agreement An updated Action Plan 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'of each fiscal year for implementation in the next fiscal year. 5 -"-M Packet Page-2171- -.-- Packet Page-438- 1/8/2013 Item 10.D. 10/2- - - b H 3 EMPLOYEE's performance evaluation shall be based upon, but not be limited, to the following criteria: (a) Whether EMPLOYEE fosters a "team environment" and regularly demonstrates the ability to work in cooperation with co-workers and others on the job. (b) Whether EMPLOYEE exhibits helpful, courteous and appropriate conduct towards customers and others. (c) Whether EMPLOYEE accepts advice and constructive feedback agreeably and modifies behavior. (d) Whether EMPLOYEE acts in a professional manner and promotes the concept of professionalism with the public, BCC step constitutional officers and co-workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office. (e) Whether EMPLOYEE's behavior towards co-workers demonstrates positive support and respect. (f) Whether EMPLOYEE provides encouragement, guidance and direction to administrative staff with regard to development and improvement. (g) Whether EMPLOYEE coaches, counsels and helps administrative staff to improve office interaction,efficiency and to develop career plans. (h) Whether EMPLOYEE maintains the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties. (i) Whether EMPLOYEE participates in emergency events and meetings,filling whatever role deemed necessary in an emergency situation. (j) Whether EMPLOYEE enables administrative staff to achieve potential career progression by encouraging and allowing attendance at appropriate continuing education and career-related classes. Commissioners may solicit input from any source,internal or external,when conducting the EMPLOYEE's performance evaluation. Section 10. Hour of Work: All duties required hereunder shall be performed by the EMPLOYEE personally,or through the assistance of such Board of County Commissioners' office employees and EMPLOYEE shall assume full responsibility for such performance. 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-f our(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 11. Lowrance.Vacation.and Sick Leave: Amok 6 _. . _. . _._ _..... . Packet Page-2172- Packet Page -439- 1/8/2013 Item 10.D. 10/2 1bIi 3 A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or other insurance policies provided by COUNTY to its other employees. B. EMPLOYEE shall continue to accrue vacation, personal leave and sick days at the same rate as other County employees. EMPLOYEE is highly encouraged to utilize his vacation 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. Unused vacation leave will be paid at EMPLOYEE'S current rate of salary upon termination,resignation or contract expiration. C. COUNTY 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. Disability insurance income benefits shall be at fifty percent(50%)of EMPLOYEE's annual base salary. EMPLOYEE shall continue to have the option of participating in the County Leave Bank. D. 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. E. COUNTY agrees that annually, on the EMPLOYEE's anniversary date of employment with the County,the EMPLOYEE will be paid for all hours of accrued vacation leave that exceeds three hundred-sixty(360)hours. Section 12. Retirement; EMPLOYEE shall continue to participate in the Florida Retirement System and receive the same privileges and contributions as he received prior the execution of this Agreement. COUNTY 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 plans. Section 13. Dues and S♦bacriotions: COUNTY agrees that the public is served by EMPLOYEE'S participation in professional organizations that enhance his professional development and in community organizations through which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens. COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued growth,and advancement,and for the good of the COUNTY. participation, Section 14. Prd!'eatssi Moss t• 7 Packet Page-2173-—`- Packet Page-440- 1/8/2013 Item 10.D. 10/2---- - - - -- 16113 Apo*, COUNTY 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 awl for the good of the COUNTY. Section 15. _pending: COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance. Section 16. Other Terms and Cooditioas of Einvlovmea A. COUNTY shall provide EMPLOYEE at COUNTY expense a cell phone and any necessary cellular service for use in carrying out EMPLOYEE's duties and responsibilities. COUNTY shall also provide EMPLOYEE at COUNTY expense a laptop computer and any necessary related service for use in carrying out EMPLOYEE'.duties and responsibilities. Upon the termination of this Agreement, for whatever reason,EMPLOYEE shall immediately return the cell phone, the laptop computer and any related equipment to the COUNTY. EMPLOYEE acknowledges that these services are generally for COUNTY business and that any personal use shall be paid proportionately by the EMPLOYEE. B. COUNTY, in consultation with the EMPLOYEE,shall fix any such other terms and conditions of employment, as it may determine fiom time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any other law. Section 17. 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) COUNTY: Board of County Commissioners Collier County Government Canter 3301 East Tamiami Trail Naples,Florida 34112 (2) EMPLOYEE: Ian Mitchell 9060 Palmas Grandes Blvd.Unit 104 Bonita Springs,Florida 34135 Seetioa 18. General Pravi : A. The text herein shall constitute the entire agreement between the parties and may not be amended absent the mutual agreement of the parties as memorialized in a separate written document. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE. 8 Packet Page-2174- - Packet Page-441- 10/2.1 8/2013 Item 10.D. 16113 c. This Agreement is a personal services contract and neither this Agreement nor EMPLOYEE's obligations under this Agreement are assignable. D. 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 of County Commissioners of Collier County, Florida has caused this Agreement to be signed and executed in its behalf by its Chairman,and duly attested by its Clerk to the Board, and the EMPLOYEE has signed and executed this and year first above written. Agreement, the day w ATTESZNu. ,,'��0- BOARD OF COUNTY COMMISSIONERS DVVC 9 r E= R+,1.-� ,ERIC OF COLLIER COUNTY,FLORID•, .,A.,474.-g.... 1 i - ti Ad�fiw,.., By: �_ _A _ A • r t s.. 4 FRED W.COYLE, M I• Male ga•000 , r' ,d. 1 — EMPLOYEE:41■4f _c_r_ ..el 0000.-- „,..--, , LAN MITC I A tea. -' -/ A. „ , _. .. • forth and legal : Ili, I. e' -.7A. J 'Y ow,County Attorney 9 Packet Page-2175- Packet Page-442- 1/8/2013 Item 10.D. COLLIER COUNTY , Board of County Commissioners Item Number: 10.D. Item Summary: Request for reconsideration by Commissioner Henning of Item 16K6 from the October 23, 2012 BCC Meeting titled: Recommendation to adopt a Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. Meeting Date: 12/11/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 11/15/2012 11:23:05 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/15/2012 11:23:07 AM Approved By Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 11/29/2012 9:21:57 AM Packet Page-443-