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Agenda 01/22/2013 Item #10D 1/22/2013 Item 10.D. c01,1-1/' rat:\1 Board of Collier County Commissioners Donna Fiala Georgia A.Hiller,Esq. Tom Henning Fred W.Coyle Jim Colette District 1 District 2 District 3 District 4 District 5 MEMORANDUM Date: November 14t 2012 To: County Manager Leo Ochs From: .Commissioner Henning,District 3 Re: Reconsideration • Please place on the December 2012 a reconsideration of item 14 B-2 t*-1 Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Penny S. Phillippi, the lmmokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract,and authorize the Chairman to sign.(Penny S.Phillippi,Executive Director, Immokalee CRA) I r\-.7 "s, District_ cc: 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 Packet Page-26- 1/22/2013 Item 10.D. COLLIER COUNTY Board of County Commissioners Item Number: 10.D. Item Summary: Request for reconsideration by Commissioner Henning of Item 14B2 from the November 13, 2012 BCC Meeting titled: Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Penny S. Phillippi,the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign. Meeting Date: 12/11/2012 • Prepared By Name: BrockMaryJo Title:Executive Secretary to County Manager, CMO 11/15/2012 11:02:54 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/15/2012 11:02:56 AM Approved By Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 11/29/2012 9:08:11 AM Packet Page -27- 1/22/2013 Item 10.D. EXECUTIVE SUMMARY ^ Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign. (Penny S.Phillippi,Executive Director,Immokalee CRA) OBJECTIVE: Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign. (Penny S. Phillippi, Executive Director, Immokalee CRA) CONSIDERATIONS: On December 3, 2007 the CRA Board entered into an employment agreement with Penny S. Phillippi to serve as the Executive Director of the Immokalee • Redevelopment Area. As of October 3, 2012, the Executive Director's employment agreement is within 90 days of expiration. On October 17, 2012,. the Local CRA Advisory Board discussed the Executive Director's employment agreement and unanimously agreed to recommend to the CRA Board to: 1. Extend the employment contract with the Executive Director for three (3) years until December 3,2015 and 2. Revise the agreement's terms to provide for COLA,and 3. Remove Section 13,requirement to reside in the Enterprise Zone, and 4. All other terms of the employment agreement remain intact. The Amendment to the employment agreement is attached for CRA Chairman's signature upon approval. FISCAL IMPACT: Funds are appropriated as part of the CRA Trust Fund in each fiscal year budget. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: No issue. LEGAL CONSIDERATIONS: The proposed Extension and Amendment Agreement has been reviewed by the County Attorney, is legally sufficient,and requires majority vote. -JAK RECOMMENDATION: Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and execute an amendment to the employment agreement between the CRA and Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign.(Penny S.Phillippi,Executive Director, Immokalee CRA) PREPARED BY:Penny S.Phillippi, Executive Director, Immokalee CRA Packet Page -1170- Packet Page-28- 11/ ,1/22/2013 Item 10_D. EXTENSION AND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN PENNY PHILLIPPI AND THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY THIS EXTENSION AND AMENDMENT TO EMPLOYMENT AGREEMENT(hereinafter referred to as "Extension Agreement") is entered into this 23rd day of October, 2012, by and between Penny Phillippi,the Executive Director of the Immokalee Community Redevelopment Area (hereinafter the "Employee"), and the Collier County Community Redevelopment Agency (hereinafter referred to as the"CRA Board"). WITNESSETH WHEREAS, on October 23, 2007, the Employee and the CRA Board entered into an Employment Agreement wherein the CRA Board hired the Employee to serve as the Executive Director of the Immokalee Community Redevelopment Area, a copy of which is attached as Exhibit A;and WHEREAS, by Agreement dated December 3, 2009, a copy of which is attached as Exhibit • B,the Employment Agreement was extended by three years, with a termination date of December 3, 2012;and WHEREAS, the Employment Agreement provides for the terms of the Employee's annual base salary but does not include a provision that allows her to receive a Cost of Living Adjustment when offered to other similarly situated employees, such as the prior Executive Director for the Bayshore-Gateway Triangle Community Redevelopment Area and other Administrator and Director level contract employees of Collier County;and WHEREAS, the parties desire to amend the Employment Agreement to include a provision allowing the Employee to receive a Cost of Living Adjustment, if offered to other similarly situated employees;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 CRA Board and Employee wish to amend the Employment Agreement to comport with Ch. 201 1-143,Florida Statutes,and to extend the term of the Employment Agreement to December 3,2015, in the manner set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to extend and amend the original Employment Agreement as follows: 1. The termination date of the Employment Agreement as set forth in Section 2 is hereby extended to December 3,2015. Packet Page-1160- Packet Page-29- 1/22/2013 Item 10.D. 2. The Employment 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. 3. Paragraphs 7 and 13 of the Employment Agreement are modified as follows: 7. ANNUAL BASE SALARY. Director shall be paid for his her services rendered pursuant hereto at the rate of eighty five thousand dollars ($85,000) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. On the date that general wage adjustments (i.e.. cost of living adjustments. kpecial study pay adjustments. etc.) are granted generally to Collier County employees. Director's base salary shall be modified to reflect the general wage adjustment granted to other County employees. CRA Beard: 4. Except as modified by this Extension, the Employment Agreement shall remain in full force and effect. If there is a conflict between the terms of this Extension and the Employment Agreement,the terms of this Extension shall prevail. IN WITNESS WHEREOF, the parties have executed this Extension and Amendment to Employment Agreement on the date set forth above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk FRED W.COYLE,CHAIRMAN WITNESSES: EMPLOYEE By: Print Name: Penny Phillippi,Executive Director Immokalee CRA Print Name: A r�� pp ' and legal sufficiency: �y;.:t• ffi Jeffrey 1, atzkow County ey 2 Packet Page-1161- Packet Page-30-