Agenda 12/11/2012 Item #10 K12/11/2012 Item 10. K.
"Ousl-4'1
Board of Collier County Commissioners
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Donna Fiala Georgia A. Hiller, Esq. Tom Henning Fred W. Coyle Jim Coletta
District 1 District 2 District 3 District 4 District 5
MEMORANDUM
Date: November I e 2012
To: County Manager Ochs
From: Commissioner Henning, District 3
Re: Reconsideration Executive Manager to the BCC
Please place on the December 11 to BCC agenda
16K -6 from the October 23rd meeting Recommendation to adopt a Resolution
terminating the Employment Agreement with the Executive Manager to the Board
of County Commissioners.
Pending outcome of Recommendation for the Board to make a finding, on how
Roberts Rule of Order applies Ordinance 75 -16 as amended
WT441
Commissioner Henning, Distrikt 3
3299 Tarniard Trail East, Suite 303 • Naples, Florida 34112 - 5746.239- 252 -8097 - FAX 239 - 252 -3602
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12/11/2012 Item 10.K.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.K.
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
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1 c 12/11/2012 Item 10.K.
EXECUTIVE SUMMARY
AW
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 63, 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.
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12/11/2012 Item 10.K.
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
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12/11/2012 Item 10.K.
RESOLUTION NO. 2012 - Awl
A RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF
COLLIER COUNTY, FLORIDA, TERM]NATING THE EMPLOYMENT
AGREEMENT WITH THE E309CMVE 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 W. 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.
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THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same, this 23rd day of October, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS
EMPLOYMENT AGREEMENT
THLS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this 25 day of Ma 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 ( bereinafter referred to as "EMPLOYEE "), both
of whom understand as follows:
WITNESSETH:
WHEREAS, fiom 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 TlffiREFORE, 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 I office. EMPLOYEE small 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 approved 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 woridoad of a
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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.
Sedion 2. AdEbletrative StsM,
As stated m Section l 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 c wWkh tes, the
specific Commissioner will meet with each of the candidates and then
communicate his. or her observations and hiring recomrneadation 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 some procedure
except that the participation and communication 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 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 some benefits including without limit ion, all salary adjustments, cost of living
increases and merit pay consideration as employees under the County Manager agency and shall
hollow 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 Adrninistrator" where applicable).
With Board approval, EMPLOYEE may also clad fix= time to time to opt out of County
Nhmagor rules and procedures or change thaw 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.
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EMPLOYEE acknowledges and agrees that Commissioner Aides may freely meet with the
Commissioners to whom they are assigned to discuss issues or carry out assignments without the
permission but with the knowledge of EMPLOYEE unless 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
Commissioners) to whom any particular staff member may be assigned. Any conflict between a
Commissioner and EMPLOYEE regarding the evaluation of an administrative staff member small
be resolved by the full Board of County Commissioners.
Section 3. Term of E®vlorawat:
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 Agroematt. The term of this Agreement
runs from May 27, 2410 through May 26, 2014.
B. Nearing the conclusion of the employment period stated herein and any applicable
extensions, this Employment Agreement may be rebated by the COUNTY. The EMPLOYEE
shall be given one hundred eighty (180) days notice of Board's intent to ro-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 Agin shall expire and no salary, defamed 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. Noticing in this Agreement shall prevent, limit or otherwise interfere with the right of
the EMPLOYEE to resign at any time fi-om his position with COUNTY, subject only to the
provisions set forth in Section 7 of this Agreement.
Section 4. SosnasaWon:
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,
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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 Commissionets' mernber(s) bringing such charges.
Just cause shall include only willful misconduct or willful failure or disregard of
EMPLOYEE's duties under this Employment Agroement.
Section. 5. Snbu v:
A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant herato an
annual base salary of Sb4, 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 pe f vroauce. Such annual
performance based merit adjustment shall not exceed a maximum of ten percm (10%) of the
EMPLOYEE's annual base salary. The minimum incise for satisfactory performance under such
ce based merit system will equal the average percentage salary adjursunent 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 sun bonus, as determined by the COUNTY.
C. On the date that general wage adjustments (Le., cost of living adjustments, special
study pay adjustments, etc.) air granted generally to Collier County employees, EMPLOYEFs base
salary shall be modified to reflect the general wage adjustment granted to other County employees.
Seebas & Ternimtdon and Siw MSg Pav:
A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this
Agreement, without notice and withota 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 drags;
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:
I ) A resohttion 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
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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 Hoard not less than fourteen (14) days thereafter.
The resolution terminating EMPLOYEE shall require an affirmative vote of a three
fiiihs majority of the entire membership of the Board for adoption. In the event of
termination, such u nm moon 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 sot forth in Subsection
63, COUNTY agrees to pay EMPLOYEE, in addition to any amounts than due EMPLOYEE, a
lump sum cash payment equal to six (6) months aggregate salary within ten (10) worlang days after
the effective date of termination.
EMPLOYEE shall also be oompensated 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.
Saetioa 7. Reshostion:
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 leas than sixty
(60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and
owing.
Spa L DissblEft
If EMPLOYEE is fitly disabled or is otherwise unable to perform his duties because
of siciaess, accident, injury, menial incapacity or health for a period of four (4) serve weeks
beyond any accrued leave, COUNTY shall have the option consistent with applicable law to
terminate this Agreement, subject to the severance pay requests of Section 6C-
Section 9. parfernam" Evaloatiaa:
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 performanoe system will be provided by each County Commissioner to EMPLOYEE prior to
October 1, 2010, and prior to each October I" thcreafter for the term of this Agreement. A
summary of all evaluations will be prepasod by the EMPLOYEE, distributed to the COUNTY, and
placed an the Board agenda for the last meeting in September for the team of this Amt. A
merit system wage adjustment will take effect on October 1, 2010 and each October tae thereafter
for the team 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 V" of each fiscal year for implementation in the next fiscal year.
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EMPLOYEE's performance evaluation shall be based upon, but not be limited, to the
following criteria:
(a) Whether EMPLOYEE fosters a "team envirorunw " and regularly demonstrates the
ability to work in cooperation with oo- workers and others on the job.
(b) Whether EMPLOYEE exhibits helpful, eouneous and appropriate conduct towards
customers and others.
(c) Whether EMPLOYEE accepts advice and constructive feedback agreeably and
modifies behavior.
(d) Whether EMPLOYEE acts m a professional manner and promotes the concept of
professionalism with the public, DCC staff, 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 positive support
and respect.
(f) Whether EMPLOYEE provides enoouuagemerrt, 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 star' to achieve potential career
pevgreAasion 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. Hours gJ work:
All duties required hmannder shall be perfomned 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 heroin. 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 man= and means of performance of the dirties 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.
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A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or
other ins zence policies provided by COUNTY to its other employees.
S. 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 hVffl mce policies for life, accident, disability income benefits, major medical, and
dental, and dependent's coverage getup insmm oc 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 bandits shall be at fifty percent (501A) of EMPLOYEE'S
annual base salary. EMPLOYEE shall continue to have the option of participating in the County
Lem 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 hwWred -Wxty (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 Ramat System for EMPLOYEE's continued participation in said retinanent plans.
COUNTY agrees that the public is served by EMPLOYFHs parbcipatim m professional
otganizations; 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 eontimcd professional participation,
growth, and advancement, and for the good of the COUNTY.
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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 and for the good of the COUNTY.
10A2e 15. Beadini:
COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE
under any law or ordinance.
A. COUNTY shall provide EMPLOYEE at COUNTY expense a dell 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
nay related service for use in carrying out EMPLOYEE's 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
aclarowk lges that these services are generally for COUNTY business and that any personal use
shall be paid proportionately by the EMPLOYEE.
B. COUNTY, in consultFition with the EMPLOYEE, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
EMPLOYEE, provided such teams and conditions are not inconsistent with or in conflict with the
provisions of this Agreement or any outer law.
Section 17. Nona:
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 Center
3301 East Tamiami Trail
Naples, Florida 34112
(2) EMPLOYEE: Ian Mitchell
9060 Palmas Grandes Blvd. Unit 104
Bonita Springs, Florida 34135
7. 17
A. The text herein shall constitute the ere agreement between the parties and may not
be amended absent the mutual agreement of the parties as memorialized m a separate written
document.
B. This Agreement shall be binding upon sad more to the benefit of the heirs at law and
executors of EMPLOYEE.
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C. This Agreement is a personal services cannot and neither this Agwoutut am
EMPLOYEE!s obligations lmdet this Agreement are assignable.
D. If any provision, or any portion thereof, contained in this Agmement is held
umcan tWionsl, invalid or men mccable, the remainder of this Agrawnent, or portion fluxeof, shall
be deemed severable, shall not be affected, and shall remain in full force and efta
IN WITNESS WHEREOF, the Board of county Commissioners of Collier County, Florida
has caused this Agreement to be signed and awcuted in its behalf by its Chairman, and duly attested
by its Clerk to the Board, and the EMPLOYEE has signed and executed this Agreemat, the day
and year rust above written.
ATTES
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tF
OIL,
Mkw 4w . 4048
i""we
form and
County Attorney
BOARD OF COUNTY C014&MSIONM
OF COLLIER COUNTY, FLOR1134k
By:
EMPLOYEE:
"_,;6
IAN MITCHELI
V 9
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