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Agenda 09/28/2010 Item #12C Agenda Item No. 12C September 28, 2010 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners indicatc its intent to extend the County Attorney Employment Agreement with Jeffrey A, Klatzkow, and fix the end date of the first extension term as September 30, 2013, OBJECTIVE: That the Board of County Commissioners indicate its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, and fix the end date of the first extension term as September 30, 2013. CONSIDERATIONS: On April 23, 2008 the Board of County Commissioners and Jeffrey A. Klatzkow entered into the County Attorney Employment Agreement. The Agreement was patterned after the County Manager Agreement. The term of the al,,'feement is set to expire April 23, 201 I. Section 2. Band C of the Agreement are 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 Al,,'feement 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 thc question of whether or not to l,,'fant 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. C. Nearing the conclusion of the initial employment period, and any applicable extensions, the Employment Agreement may be renegotiated by the Employer. The Employee shall be givcn one hundred-eighty (180) 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 Ah'feement. Elements of this Agreement may be changed at any time when mutually agreed upon in writing by the Employer and the Employee. FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits). funds are appropriated in tbe County Attomey Office operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adVIse the County Attorney of its intent to extend the Agreement, and fix the end dale of the firs! extension tenll as September 30,2013. - Prepared by: Jeffrey A. Klatzkow, County Atlorney Agenda Item No. 12C September 28, 2010 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12C Meeting Date: Recommendation that the Board of County Commissioners indicate its intent to extend the County Attorney Employment Agreement with Jeffrey A. Klatzkow, and fix the end date of the first extension term as September 30, 2013, 9/28/20109:00:00 AM Prepared By Jeff Klatzkow County Attorney Date 9/20/20102;46;28 PM Approved By Jeff Klatzkow County Attorney Date 9/21/20101:46 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 9/21f2010 1:49 PM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management & Budget Office of Management & Budget 9/21/20102;18 PM Approved By Mark isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management &, Budget 9/21120102:29 PM .l\oenda Item No. 12C Seotember 28.2010 Page 3 of 13 EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS EXTENSION OF COUNTY ATTORNEY EMPLOYMENT AGREEMENT ("Extension") is made and entered into this 28th day of September 2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer," as the party of the first part, and Jeffrey A. Klatzkow, hereinafter called "Employee," as party of the second part. RECITALS: WHEREAS, Employer and Employee entered into a County Attorney Employment Agreement ("Agreement") commencing April 23, 2008, a copy of which is attached hereto; and WHEREAS, Section 2 of the Agreement provides that the term of employment may be extended for a period of two (2) years by mutual written agreement of the Employer and Employee; and WHEREAS, pursuant to Section 2 of the Agreement, the end date of the first extension term will be September 30th in order to correspond with the County's fiscal year; and WHEREAS, the Employer and Employee ",ish to extend the term of the Agreement to September 30, 2013, 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: I. 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, 2013. 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. I Agenda Item No. 12C September 28,2010 Page 4 of 1 3 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 E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W, COYLE, CHAIRMAN WITNESSES: EMPLOYEE Print Name: By: JEFFREY A, KLA TZKOW Print Name: "ft fill Approved as for form and legal sufficiency sS~tac/? J~ Deputy County Attorney 2 A2enda Iten!.. 002C It. t" "eptembe 101~' Pa9 ' 13' COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 23'd day of April, 2008, by and between COLLIER COUNTY, a lJ"litical subdivision of the State of Florida, hereinafter called "Employer," as party of the first part, and Jeffrey A. Klatzkow, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of Jeffrey A. Klatzkow as County Attorney of Collier County; 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 Attorney of said Collier County; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employee is hereby employed as, and shall have the authority, duties and responsibilities of, County Attorney for Collier County. Employee shall act as chief legal counsel to the Board of County Commissioners (Board) and shall provide legal representation and advice to the Board and, as appropriate, the County Administrator (Manager) and County staff. Where appropriate, Employee will provide legal assistance to all of the Board's Advisory Boards and Committees, including but not limited to providing Sunshine Law, Public Records Act and Ethics workshops. Employee shall report directly to thc Board and shall havc sole responsibility for the employment and management of the legal statTand operation of the COW1ty Attorney's Office. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employcr until April 23,2011 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 tern1ination of employment pursuant to this Agreement. B On or bcfore September 30th of the year immediately preccding tbe then ending year of the Agreement, including any applicable Page J of9 I .~ . Agenda Item No. 12C Septemb::88f1f10 : P'7lJ 13 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. C, Nearing the conclusion of the initial employment period, and any applicable extensions, the Employment Agreement may be renegotiated by the Employer. The Employee shall be given one hundred-eighty (180) 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 thc 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 Employce. 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: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement, but only if: A. A majority of the Board and Employee agree, or: B. After a public hearing, a majority of the B Employee for just cause, provided, hov, . . have been given written notice setting f:-, .. votes to suspend . Employee shall ~ .arges at least ten Page 2 of9 ...._.,.,.,_._"~""........._,,,.,-----""..,~.^- .. Agenda Ite!ij12C ' Septemb 01 d Pa, . f 13 (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 Pav 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 due Employee, including any unused leave, a lump sum cash payment within ten (lO) working days after the effective date of termination, as follows: A. 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, until such time that the Employee is vested/tenured in the Florida Retirement System. B. After such time that Employee is vested/tenured in the Florida Retirement System, 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. 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 after 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-termination insurance benefits described in the above paragraphs. Section 5: Resignation 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. Page 3 of9 Agenda Item No. 12C Septembe:& 2010 pa",fJ 13 Section 6: Disability 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 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 $175,000 payable in bi- weekly installments. 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 2009 fiscal year and each fiscal year thereafter during the term of this Agreement. 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 grcater. All such merit adjustments shall be included in the Employce'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 performance of the Employee in accordance with the performance-based merit system as provided in Section 7. Written evaluations based on said perfoffi1ance system will be provided by each County Commissioner to Employee prior to September], 2009, and prior to each September 1 st thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the Board Chair for the Board :c:- I mployee including the recommended merit wage adjustment. A merit system we,,"" j, ncnt will take effect on October L 2009 and each October] st thereafter for the '"::'1 his Agreement. An updated performance merit Page 4 of9 AgelFjcl Item t\!o. 12C SePtel1l~8 201Q_.. 7' ftf 1:J ."'!! system for Employee will bc developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1 st of each fiseal year for implementation in the next fiseal year. Section 9: Hours of Work All duties required hereunder shall be performed by the Employee personally, or through the assistance of such County Attorney Office employees as may be made available from time-to-time by the County and concerning which the Employee shall assume full responsibility; provid~d, 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" twcnty-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 perfoffi1ance of the duties herein shall be determined by the Employee. All acts performed by the Empklyee, 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 10: Outside Activities 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 a cellular phone and service for thc Employee's business use. All County business travel outside of Collier County shall be reimbursed at a cents- per-mile rate equal to the Florida statutory allowable rate then in effect. Section 12: Insurance. Vacation, and Sick Leave A. As an inducement to Employee to become County Attorney, at signature hereof. Employee shall bc credited with the carryover of his accrued vacation and sick leave days to date into a universal leave account. 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 thc increascd effectiveness and etlicieney ofthe County as a whole. B. Employer agrees to maintain in fi:lrce for Employee all health, life insurance or other insurance policies provided by Coun' . , , its other cmploye~s. Page 5 of9 Agenda Item No. 12C Septembertlltftl10 , Pag7Jll13 C. Unused universal leave wiH be paid at Employee's current rate 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 life, accident, disability income benefits, major medical and dental, and dependent's coverage group insurance covering Employee and his dependents. Teffi1 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 a fifty percent (50%) of Employee's annual base salary. Employee shall continue to have the option of participating in the County Leave Bank. D, Employer agrees that annually, on the Employee's anniversary date of employment with the County, the Employee will be paid for all hours of accrued universal leave that exceed three hundred-sixty (360) hours, 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 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 specificall y enumerated in this Agreement. Section 13: Retirement Employer agrees to execute all necessary agreements provided by I CMA 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, Employer agrees to pay the maximum allowable annual amount into the Employee's current retirement fund on Employee's 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. The County Attorney is designated as a Senior Management Service Class Employee. Section 14: Dues and Subscriptions Employer agrees that the public is served by Employee's parttclpation in professional organizations that enhance his professional development and in community organizations through which Employee can enhance the level of service provided to the Employer and its citizens. I mployer will budget for and pay for professional dues and subscriptions of I' ,. ee neccssary for his continuation and full participation in national, regional, state, and lucal associations and organizations necessary and desirable for his continued Page 60f9 ~,_.,,,.,,~__,"..-..-....u~~-..._.....__'_~_~~-'" ,. Agenda liern ~.. 10(' I . .. ; SeDtembe, 2' I1l ~, . Page 1 aU - professional participation, growth, and advancement, and for the good of the Employer, including but not limited to: The Florida Bar Association; the Collier County Bar Association; the Florida Association of Counties; and the Florida Association of County Attorneys. Section 15: Professional Development A. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employec and to adequately pursue necessary official functions for Employer, including but not limited to: lawsuits and meetings involving Employer; County project financial meetings including bond closings, etc. B. Employer 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 Employee may use an Employer pool or rental car for out-of-county professional and business travel within Florida. All out-of-state travel not specifically provided for herein shall be pre-approved by the Board of County Commissioners. Reimbursement for out-of~county travel shall be as provided by Florida Statutes. 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 p<:rformance of Employee's duties as County Attorney. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employec under any law or ordinance, Section 18: Other Terms and Conditions of Employment 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 terms and conditions are not inconsistent with or in conflict with the provisions ofthi, Agreemeni or any other law. Page 7 of9 Agenda Item No 19 September 28, 20 D ~ Page 12 of 1 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: (l) EMPLOYER: Board of County Commissioners Collier County Government Center 3301 East Tarniami Trail Naples, FL 34112 (2) EMPLOYEE: Jeffrey A. Klatzkow 14606 Indigo Lakes Circle Naples, Florida 34119 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. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. c. This Agreement is a personal services contract and neither this Agreement nor Employee's obligations under this Agreement are assignable. D. This Agreement shall become cffective commencing April 23, 2008 providing for an employment termination date of April 23, 2011 unless this Agreement is extended or renegotiatcd as provided herein. E. 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 e ffcct. Page 80f9 --<,-"._-...-_._._-_.--.'---'-'~"~"~ '. Agenda Item No. 12~\lI ... Septe<.erAJ, 201l'~..... ~1J3 of 13' IN WITNESS WHEREOF, the Employer has caused this Agreement 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 Agreement, both in duplicatc, the month, date and year first above written. ATTEST: DWIGHT E BROCK, CLERK IS to eh4 ItfjllWn~l', . , WITNESSES: 5v~ r ~ ~oatJa_ Approved as to form and "~:k"Yi2) I ~R.T!-0~ Managing Assistant County Attorney COA60/26 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA EMP Page 9 of9 N