Agenda 09/25/2018 Item #11F09/25/2018
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the fourth extension term as
September 30, 2021.
OBJECTIVE: That the Board of County Commissioners extend the County Manager
Employment Agreement with Leo E. Ochs, Jr., and fix the end date of the fourth extension term
as September 30, 2021.
CONSIDERATIONS: On October 27, 2009, the Board of County Commissioners and Leo E. Ochs, Jr.,
entered into the County Manager Employment Agreement. On September 27, 2016, the Board approved
the third extension to the Agreement which is set to expire on September 30, 2019.
Section 2:B. of the Agreement is 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 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 mutual ly
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.
The proposed Extension of County Manager Employment Agreement fixes the end date of the fourth
extension term as September 30, 2021.
FISCAL IMPACT: Funds are appropriated in the County Manager Office operating budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners extend the County Manager
Employment Agreement, fixing the end date of the fourth extension term as September 30, 2021.
PREPARED BY: Leo E. Ochs Jr., County Manager
ATTACHMENT(S)
1. LEO Extension Agreement to Contract September 25, 2018 (DOCX)
2. County Manager Signed Contract (PDF)
3. County Manager Extension to Employment Agreement 9-25-26-2012 Item 11I (PDF)
11.F
Packet Pg. 651
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.F
Doc ID: 6788
Item Summary: Recommendation that the Board of County Commissioners extend the County
Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the fourth extension term
as September 30, 2021. (Leo E. Ochs, Jr., County Manager)
Meeting Date: 09/25/2018
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
09/19/2018 8:16 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/19/2018 8:16 AM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/19/2018 8:13 AM
County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 09/19/2018 8:13 AM
County Attorney's Office MaryJo Brock CAO Preview Skipped 09/19/2018 8:13 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/19/2018 11:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
11.F
Packet Pg. 652
1
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
(“Extension”) is made and entered into this 25th day of September 2018, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, hereinafter called “Employer,” as the party
of the first part, and Leo E. Ochs, Jr., hereinafter called “Employee,” as party of the second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment Agreement
commencing October 27, 2009 (collectively referred to as the “Agreement”), a copy of which is
attached hereto; and
WHEREAS, the Agreement expires September 30, 2019; and
WHEREAS, the Agreement provides in relevant part that “On or before September 30th of the
year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Board and the Employee.”
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:
1. 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, 2021.
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.
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.
11.F.1
Packet Pg. 653 Attachment: LEO Extension Agreement to Contract September 25, 2018 (6788 : Extend County Manager Employment Agreement)
2
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY, FLORIDA
By:____________________________ By:____________________________
, Deputy Clerk ANDY SOLIS, CHAIRMAN
WITNESSES: EMPLOYEE
______________________________ By:___________________________
Print Name: ____________________ LEO E. OCHS, JR.
______________________________
Print Name: ____________________
Approved as for form
and legal sufficiency
______________________________
Scott R. Teach
Deputy County Attorney
11.F.1
Packet Pg. 654 Attachment: LEO Extension Agreement to Contract September 25, 2018 (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 655 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 656 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 657 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 658 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 659 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 660 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 661 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
11.F.2
Packet Pg. 662 Attachment: County Manager Signed Contract (6788 : Extend County Manager Employment Agreement)
ill
EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
THIS EXTENSION OF COUNTY MANAGER EMPLOYMENT AGREEMENT
Extension") is made and entered into this e( 6 day of OG1"D i 2 r , 2012, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer,"
as the party of the first part, and Leo E. Ochs, Jr., hereinafter called "Employee," as party of the
second part.
RECITALS:
WHEREAS, Employer and Employee entered into a County Manager Employment
Agreement commencing October 27, 2009 (collectively referred to as the "Agreement"), a copy of
which is attached hereto; and
WHEREAS,the Agreement expires October 27, 2013; and
WHEREAS, the Agreement provides in relevant part that "On or before September 30th of
the year immediately preceding the then ending year of the Agreement, including any applicable
extensions, the term of the Agreement may be extended for a period of two (2) years by the mutual
written agreement of the Board and the Employee;"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 Employer and Employee wish to amend the Agreement to comport with Ch.
2011-143, Florida Statutes, and to extend the term of the Agreement to September 30, 2015, 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:
11.F.3
Packet Pg. 663 Attachment: County Manager Extension to Employment Agreement 9-25-26-2012 Item 11I (6788 : Extend County Manager Employment
111
1. 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, 2015.
3. The 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.
4. 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.
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: BOARD OF COUNTY COMMISSIONERS
DWIGHT„EBROCK,.Clerk OF COLLIER COUNTY,FLORIDA
r
r w zqsz„,-By: r By:
Attest-st-as to Chi.tfi l u ' er, FRED W. COYLE, CHAI
110441-tire 44 .4_, ;
WITNESSES; ::is- EMPLOYEE
11,
By: ,,,,
Print ' t! i ' LEO . OCHS, JR.
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Print .i e: Mt, f st.,4y,,,
Approved as for form
and al sufficie y
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71/ del-e--4.•-(
tt R. Teach
Deputy County Attorney
2
11.F.3
Packet Pg. 664 Attachment: County Manager Extension to Employment Agreement 9-25-26-2012 Item 11I (6788 : Extend County Manager Employment