Agenda 11/13/2012 Item #14B211/13/2012 Item 14.13.2.
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. 2011 -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.
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11/13/2012 Item 14.13.2.
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 special 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.
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:
DWIGHT E. BROCK, Clerk
WITNESSES:
Print Name:
Print Name:
Jeffrey
County
, Deputy Clerk
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
wo
FRED W. COYLE, CHAIRMAN
EMPLOYEE
Penny Phillippi, Executive Director
Immokalee CRA
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EXHIBIT A 11/13/2012 Item 14.13.2.
3 4 A..
WNTY AT i ONE.
EMPLOYMENT AGREEMENT BETWEEN
PENNY PHILLIPPI AND THE BOARD OF THE 1117 Noy `2 Apt 7, k 5
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this �d day 01`422k 1, 2007,
by and between the Board of the Collier County Community Redevelopment Agency (the
"CRA Board "), and Penny Phiilippi.
in consideration of the mutual covenants herein contained, the parties do agree
as follows:
I. APPOINTMENT OF THE IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR: Pursuant to action taken by the CRA Board at its
October 23, 2007 meeting, Ms. Penny Phillippi ( "Director") was selected to
be the Executive Director of the Immokalee Community Redevelopment
Area ( "ICRA"), effective December 3, 2007.
2. DUTIES: The Director shall perform the functions and duties typical of a
person in the position of a Director of a Community Redevelopment
Agency, including but not limited to:
a. Director shall act as the . Chief Administrative Officer of the ICRA,
reporting to and responsible to the CRA Board and be responsible for
the day to day implementation of the ICRA programs and activities
including ICRA staff selection and supervision. This shall be
accomplished in close cooperation with the County Manager's Office
and County Departments.
b. Director shall devote full time efforts to the CRA and its mission.
c. Director shall perform such other associated and legally required
duties and functions, as the ICRA Board shall direct.
d. Director agrees to perform all such functions and duties, faithfully,
competently, professionally and promptly to the best of the Director's
ability.
e. Director, at the direction of the CRA Board and the Board of County
Commissioners, may be required to carry out the promotional aspects
of the Enterprise Zone which geographically encompasses the
Immokalee Community Redevelopment Area.
3. AGREEMENT LENGTH. The initial term of this Agreement with the Director
shall be for two (2) years from the date of execution of this Agreement, with
three (3) three year renewals upon approval of the CRA Board and the
Director.
4. PERFORMANCE EVALUATION: After one year of employment the CRA
Board agrees to review and evaluate the performance of the Director on an
annual basis prior to the CRA budget adoption. The CRA Board shall
provide the Director with a written summary statement of the findings of the
Board and provide adequate opportunity for the Director to discuss her
evaluation with the CRA Board. Based upon said review and the
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11/13/2012 Item 14.13.2.
14A
performance evaluation, Director's annual base salary may be adjusted by
an amendment to this agreement approved by the CRA Board and the
Director.
5. RESIGNATION: In the event Director voluntarily resigns her position with
the CRA Board, then the Director shall give the CRA Board a minimum of
ninety (90) days written notice in advance, unless the parties agree to
waive such notice requirement.
6. SEVERANCE TERMS AND ONDITIONS: In the event Director is
terminated by the CRA Board without cause, the CRA Board agrees to pay
Director an amount equal to three months (3) months of Director's base
salary.
In the event Director is terminated by the CRA Board with cause, then the
Director shall not be entitled to any severance. The term, "with cause ", shall
include the Director's resignation submittal; failure, neglect or refusal to
come to work despite being in good health; conviction of a felony crime; the
inability to perform his duties as defined herein; consistent substandard
performance; violation of any local State and federal sexual harassment or
unlawful discrimination laws.
7. ANNUAL BASE SALARY: Director shall be paid for his 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.
8. BENEFIT PACKAGE: CRA Board agrees to provide a comprehensive
benefit package for Director equal to that which is currently provided to
professional personnel of Collier County Government.
9. SICK, VACATION. PERSONAL AND HOLIDAY LEAVE: Director shall
accrue sick, vacation, personal and holiday leave at the same frequency
and with the same carryover and other limitations, if any, as currently
provided to professional personnel under Collier County Government's Pay
Plan. Director will also receive a payout for all accrued but unused vacation
time consistent with the County Manager's Policies and Procedures
regarding payment of benefits at separation.
10. DUES AND SUBSCRIPTIONS: CRA Board agrees to pay for the
reasonable and customary professional dues and subscriptions of Director
necessary for her continued professional participation, growth and
advancement, including national and state professional organizations.
11. PROFESSIONAL DEVELOPMENT: CRA Board agrees to pay the
reasonable and customary travel and subsistence expenses (in accordance
with applicable Florida law), for Director and his staff's travel and
attendance at any meetings and conferences, which the CRA Board shall
approve.
2
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11/13/2012 Item 14.6.2.
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12. AUTOMOBILE: Because of the distance between Immokalee and Naples
and other locations related to the carrying out of CRA business and the
need for the Director to be present in Naples on a regular basis to execute
the functions and duties of the Director, the Director shall be paid a monthly
car allowance in the amount of five hundred dollars ($500) for the use of
her personal car to carry out the duties related to the Director.
13. RESIDENCY: The Executive Director has agreed to reside within the
Immokalee Enterprise Zone #1101 within six (6) months of the date of hire
and continue such residency during the entire duration of her employment
with the CRA Board.
14. GENERAL PROVISIONS:
The provisions of this Agreement constitute the entire understanding
between the parties. Only the representations and understandings
contained herein shall be binding upon the CRA Board and the Director.
No other representations or understandings are binding on the CRA Board
and the Director unless contained in a subsequent, duly adopted and
executed written Amendment to this Agreement.
15. GOVERNING LAW: This Agreement shall be governed by the laws of the
State of Florida.
15. VENUE: Director and the CRA Board agree that the sole venue for any
disputes arising under this agreement shall be the Twentieth Judicial Circuit
in and for Collier County, Florida in Naples, Florida.
16. SEVERABILITY: Should any provision of this Agreement be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole, or any part thereof, other than the part
declared to be invalid.
17. EFFECTIVE DATE OF THIS AGREEMENT: The Agreement shall become
effective upon execution.
IN WITNESS WHEREOF, the Collier County Community Redevelopment Agency,
County of Collier, State of Florida, has caused this Agreement to be signed and
executed on its behalf by its Chair, and duly attested to by its Clerk and approved as to
form and legal sufficiency by the CRA Board General Counsel, and the Director has
signed and executed this Agreement, that day and year first written.
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11/13/2012 Item 14.13.2.
14A
COLLIER C NTY
COMMUN REDEVELOPM NT AGENCY
BY:
Donna Fiala, Chair
ATTEST:. : •.
DWIGHT E. BROCK, CLERK AGRE 0 AND ACCEPTED
FOR DIRECTO
BY
0
a jerk Penny P illipp►
A nd
Le efficiency:
Scott Teach
Managing Assistant County Attorney
Item #_
Date
Date
Date j �
Recd 1 J
4
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11/13/2012 Item 14.6.2.
EXHIBIT B
AMENDMENT TO IMMOKALEE REDEVELOPMENT AREA
EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
THIS AMENDMENT TO IMMOKALEE REDEVELOPMENT AREA EXECUTIVE
DIRECTOR'S EMPLOYMENT AGREEMENT ( "Amendment ") is made and entered into this
" {day of u .._� 2009, by and between the Collier County Community
Redevelopment Agency (the "CRA Board ") and Penny S. Phillippi (the "Executive Director ").
RECITALS:
WHEREAS, the parties entered into an Employment Agreement dated October 23, 2007,
(effective December 3, 2007) a copy of which is attached hereto; and
WHEREAS, the initial term of the Employment Agreement is scheduled to terminate on
December 3, 2009; and
WHEREAS, Section 3 of the Employment Agreement provides: "The initial term of this
Agreement with the Director shall be for two (2) years from the date of execution of this
Agreement, with three (3) three year renewals upon approval of the CRA Board and the
Director;" and
WHEREAS, the parties wish to extend the term of the Employment Agreement by three
(3) years consistent with the terms and conditions set forth below.
WPINESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and. other good and !
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Consistent with Section 3 of the Employment Agreement, the termination date is
hereby extended to December 3, 2012.
3, Except as modified by this Amendment, the Employment Agreement shall remain
in full force and effect. If there is a conflict between the terms of this Amendment and the
Employment Agreement, the terms of this Amendment shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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11/13/2012 Item 14.6.2.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first above written.
Witnesses:
•� By;
rint N 8 94-4-d' G,E c 1 P . PHILLIPPI /
nt Name C I (?"
Attest:
DWIGHT E. BRQCK; f-lerk
By
AtttSt it rk
•tpatw* Oat 4
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA,
By:
jAVms COLETTA, CHAIRMAN
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COLLIER COUNTY
Board of County Commissioners
Item Number: 14.B.2.
11/13/2012 Item 14.6.2.
Item 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)
Meeting Date: 11/13/2012
Prepared By
Name: PhillippiPenny
Title: Executive Director, Immokalee CRA,
10/16/2012 9:16:08 AM
Submitted by
Title: Executive Director, Immokalee CRA,
Name: PhillippiPenny
10/16/2012 9:16:12 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 10/25/2012 3:27:22 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2012 2:39:09 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/29/2012 3:43:25 PM
Name: OchsLeo
Title: County Manager
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Date: 11/4/2012 10:17:08 AM
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11/13/2012 Item 14.6.2.
11/13/2012 Item 14.13.2.
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 tern 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 hnmokalee 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
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