Loading...
Agenda 10/27/2009 Item # 9CAgenda Item No. 9C October 27, 2009 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the County Manager Employment Agreement with Leo E. Ochs, Jr. and authorize the Chairman to execute same. OBJECTIVE: To obtain Board approval of the County Manager Employment Agreement CONSIDERATIONS: At the September 29, 2009 Board meeting, the Board of County Commissioners voted to select Leo E. Ochs, Jr. as the next County Manager and authorized the Chairman to negotiate an employment agreement with the County Manager for subsequent presentation to the Board for ratification. The new County Manager Employment Agreement has an annual salary of $165,000. This contract is substantially the same as the former County Manager Employment Agreement with the following exceptions: Section 4: Termination and Severance Pay: The Agreement provides for a severance payment of twelve month's salary if the agreement is terminated without cause during the first two years of the Agreement, and six month's salary if termination occurs after the first two years of this Agreement. Section 11: Automobile and Cellular Phone: The Agreement provides for a $500 per month allowance for the use of the employee's privately owned vehicle for County business. FISCAL IMPACT: Funds are appropriated in the County Manager's Office personal services budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the County Manager's Employment Agreement with Leo E. Ochs, Jr., and authorize the Chairman to execute same. Submitted by: Donna Fiala, Chairman, Board of County Commissioners Page 1 of 1 Agenda Itern No. 9C October 27, 2009 Page 2 of 10 �. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9C Item Summary: Recommendation that the Board of County Commissioners approve the County Manager Employment Agreement with Leo E. Ochs, Jr., and authorize the Chairman to execute same. Meeting Date: 10/27/2009 9:00:00 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 10/2112009 5:16 PM file://C: \AgendaTest \Export\137- October 27, 2009 \09. BOARD OF COUNTY COMMISS... 10/21/2009 Agenda Item No. 9C October 27, 2009 Page 3 of 10 COUNTY MANAGER EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 27th day of October, 2009, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called "Employer," as party of the first part, and Leo E. Ochs Jr., hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of Leo E. Ochs, Jr. as County Manager (County Administrator) of Collier County, as provided by Collier County Ordinance No. 93 -72, as amended, and Chapter 125, Part III, Florida Statutes; 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 Manager of said Collier County; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section l: Duties The Employee shall have the authority, duties and responsibilities as set forth in Section 3 of Ordinance No. 93 -72, as such Ordinance has been amended or may be amended or superseded in the future, or as such authority, duties and responsibilities are set forth for a County Manager in Section 125.74, Florida Statutes. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer until October 27, 2013 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 termination of employment pursuant to this Agreement. 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 mutually developed and agreed to by the Agenda Itern No. 9C October 27, 2009 Page 4 of 10 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 such four (4) year 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 the 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 Employee. 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 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 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 Pa 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 Agenda Item No. 9C October 27, 2009 Page 5 of 10 due Employee, including any unused leave, a lump sum cash payment within ten (10) working days after the effective date of termination, as follows: A. If termination occurs any time during the first two (2) years of this Agreement, 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. In such event, 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 twelve (12) months after termination B. If tennination occurs after the first two (2) years of this Agreement, 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. In such event, 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. 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 $165,000 payable in bi- weekly installments. Agenda Item No. 9C October 27, 2009 Page 6 of 10 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 2010 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 greater. All such merit adjustments shall be included in the Employee'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 performance system will be provided by each County Commissioner to Employee prior to September 1, 2010, 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 and Employee including the recommended merit wage adjustment. A merit system wage adjustment will take effect on October 1, 2010 and each October 1st thereafter for the term of this Agreement. An updated performance merit system for Employee will be developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1st of each fiscal year for implementation in the next fiscal year. Section 9: Hours of Work All duties required hereunder shall be performed by the Employee personally, or through the assistance of such County employees as may be made available from time to time by the County and concerning which the Employee shall assume full responsibility; provided, 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" twenty -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 performance of the duties 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. Agenda Item No. 9C October 27, 2009 Page 7 of 10 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 Employee with a cash allowance in the amount of Five Hundred and 00 /100 Dollars ($500.00) per month as a vehicle allowance for the use of Employee's privately owned vehicle for County business. Employer shall provide a cellular phone and service for the Employee's use. Section 12: Insurance, Vacation and Sick Leave A. As an inducement to Employee to become County Manager, at signature hereof, Employee shall be credited with the carryover of his accrued vacation and sixty percent of eligible accrued sick leave days to date into a universal leave account, a portion of which may be used to purchase unpaid prior years earned retirement service credit. 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 the increased effectiveness and efficiency of the County as a whole. Employee is authorized to sell back a portion of earned universal leave on a periodic basis. B. Employer agrees to maintain in force for Employee all health, life insurance or other insurance policies provided by County to its other employees. C. Unused universal leave will 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. Term life insurance for Employee shall be provided at a level of three times (3x) Employee's annual base salary, not to exceed a maximum benefit of $500,000. Disability insurance income benefits shall be sixty -six and two thirds percent (66.66 %) of Employee's annual base salary and administered as specified by County policy. Employee shall continue to have the option of participating in the County Leave Bank. D. Employer agrees that commencing on the third anniversary date of this agreement and annually thereafter, the Employee will be paid for all hours of accrued universal leave that exceed three hundred -sixty (360) hours. Agenda Itern No. 9C October 27, 2009 Page 8 of 10 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 specifically enumerated in this Agreement. Section 13: Retirement Employer 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 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. Since August 1986, Employee has been and is designated as a Senior Management Service Class Employee in the Florida Retirement System and is entitled to the retirement benefit contribution levels specified for same. Section 14: Dues and Subscription Employer agrees to budget for and to pay for professional dues and subscriptions necessary for Employee's continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer, including but not limited to: International City and County Managers Association and the Florida City and County Management Association. Section 15: Professional Development A. Employer hereby 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 Employee and to adequately pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, Florida City and County Management Association annual seminar, Leadership Collier, and Leadership Florida. B. Employer also 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. All out -of -state travel not specifically provided for herein shall be pre - approved by the Board. Reimbursement for out -of- county travel shall be as provided by Florida Statutes. Agenda Item No. 9C October 27, 2009 Page 9of10 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 performance of Employee's duties as County Manager. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee 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 of this Agreement or any other law. 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: (1) EMPLOYER: Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 (2) EMPLOYEE: Leo E. Ochs, Jr. 9139 The Lane Naples, FL 34109 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. Agenda Itern No. 9C October 27, 2009 Page 10 of 10 D. This Agreement shall become effective commencing October 27, 2009 providing for an employment termination date of October 27, 2013 unless this Agreement is extended or renegotiated 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 effect. 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 duplicate, the month, date and year first above written. ATTEST: DWIGHT E. BROCK, CLERK WITNESSES: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN EMPLOYEE LEO E. OCHS, JR.