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Agenda 11/10/2009 Item #14A Agenda Item f'-Jo, 14A November 10, 2009 Page 1 of 8 EXECUTiVE SUfviMARY Recommendation that the Coliier County Community Redevelopment Agency (eRA) approves, and authorizes its Chairman to sign, 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. OBJECTIVE: That the Collier County CRA approves, and authorizes its Chairman to sign, 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. CONSIDERATIONS: Effective 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. The initial term of the employment agreement is two years and will expire on December 3, 2009. On October 21, 2009, the Locai eRA i"'.dvisory Board dIscussed the Executive Director's employment agreement and unanimously agreed to recommend to the CRA Board to: 1. Extend the employment agreement with the Executive Director for three (3) years until December 3,2012 and 2. All other terms of the employment agreement remain intact. The proposed Amendment to the employment agreement is attached for CRA Chairman's signature upon approval. FISCAL IMPACT: There is no change in the total amount of compensation (salary and benefits). Funds are appropriated as part of the CRA Trust Fund in each fiscal year budget. CONSISTENCY WITH GROWTH MANAGEMENT PLAN: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The ProP9sed Amendment to the employment agreement has been reviewed by the County Attorney and is legally sufficient for Board approval.- JAK RECOMMENDATION: That the Collier County CRA approves, and authorizes its Chairman to sign, 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. PREPARED BY: Penny S. Phillippi, Executive Director, Immokalee CRA ..L "6- ..L V.L .I. Agenda Item No. 14A November 10, 2009 Page 2 of 8 enT T TVT) r"ATTl'l.TT'T 'IjLL-L.uJ." ~ v\,.!. , I BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 14A Recommendation that the Collier County Community Redevelopment Agency (eRA) approves, and authorizes its Chairman to sign. 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, Meeting Date: 11/10/20099:0000 AM Prepared By Penny Phillippi lmmokalee, CRA Date BCC County Redevelopment Agency 10/21/20093:55:06 PM Approved By Jeff Klatzkow COLmty Attorney Date CO;Jnty Attorney County Attorney Office 10/30/20092:21 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 10/30/20093:56 PM ,,-,,- Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/2/20099:20 AM -C:l_.//0.\ ^ __u.J_"'T"'__.....\r:__~__~..L\1....,O ""T__._~uL_~_ 1(\ ""'''f\r\\1;1 ATT\Tlr--.n'T" A TT"'T"'TTr'\TliT"'T""Ti 1 A A\1 It 11/..1 l""lAr\fl Agenda Item No. 14A November 10, 2009 Page 3 of 8 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 , 2009, b~' '1nd bet-Neen 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; II 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. WITNESSETH: 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. Consisteht 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 shalll'emain in full force and effect. If there is a conflict between the tenns of this Amendment and the Employment Agreement, the terms of this Amendment shall prevail. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page \ of2 Agenda Item No, 14A November 10, 2009 Page 4 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. Print Name: Witnessl;:s; Print Name: Attest: DWIGHT E. BROCK, Clerk COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, , Deputy Clerk By: JAMES COLETTA, CHAIRMAN By: Approved as to form and leg I u ciency: Page 2 of2 Aoenda Item f'-Jo. 14A Y\!ovember 10, 2009 Page 5 of 8 . 14A ,,~;('';' i I- ~. , ., ; i .......l.. dt fhc. . .,_~OUNTY AITORNE'~ ~....... EMPLOYMENT AGREEMENT BETWEEN PENNY PHILLIPPI AND THE BOARD OF THE 2117 NOV -2 AM 7: 45 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT Is made and entered into this :l:!/d day ofCt::k>Itut, 2007, by and between the Board of the Corller County Community Redevelopment Agency (the "CRA Soard"), and Penny PhillippI. In consIderation of the mutual covenants herein contained, the parties do agree as follows: 1. 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 CommunUy Redevelopment Area ("ICRA"), effectIve December 3,2007. 2. DUTIE&: 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 10: a. Director shall act as the Chief Administrative Officer of the ICRA, reporting to and responsible to 1he CRA Board and be responsible for the day to day implementation of the leRA 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 eRA and its mission. c. Director shall per10rm such other assocIated and legally required duties and functions, as the ICRA Board shall direct. d. Director agrees to perform all such functions and dU1ies, fai1hfully, competently, professionally and promptly to the best of the Director's abJlity. 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 LENG11!. 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 at the CRA Board and .1he Director. 4. PERFORMANCE EVALUATION: After one year of employment the eRA Board a'grees 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 Agenda Item No. 14A November 10, 2009 Page 6 of 8 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. 6. RESIGNATION: In the event Director voluntarIly resigns her position with the eRA Board, then the Director shall give the eRA Board a minimum of ninety (90) days written notIce In advance, unless the parties agree to waIve such notice requirement. 6. SEVERANCE TERMS AND CONDITION~: 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 hearth; convlctlon 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 SASE SALARY: Director shall be paid for his services rendered pursuant hereto at the rate of eighty five thousand dollars ($65,000) per year, payable in bi-weekly installments on the same dates as professional employees of Collier County Government are paid. 8. BENEFIT PACKAGE: eRA Board agrees to provide a comprehensive benefit paCkage tor Director equal to that which is currently provided to professional personnel of Colller County Government. 9. SICK. VACATION. PERSONAL AND Ho~rDAY LEA\(~: 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 aU 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 tor her continued professional participation, growth and advancement, including national and state professIonal organizations. 11. PROFESSIONAL DEVELOPMEf'jT: CRA Board agrees to pay the reasonable and customary Iravel and subsistence expenses (in accordance with applicable Florida law), for Director and his staH's travel and attendance at any meetings and conferences, which the eRA Board shall approve. ..- 2 Agenda Item i\Jo. 14A November 10. 2009 Page 7 of 8 14A 12. AUTOMOBILE: Because of the distance between Immokalee and Naples and other rocations 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 eRA Board. 14. GENERAL PROVrSIONS: The provisions of this Agreement constitute the entire understanding between the parties. Only the representations and understandings contained herein shall be binding upon the eRA 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 eRA 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: SI10uld any provision 01 this Agreement be declared by a court 01 competent jurisdiction 10 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 invafid, 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 duty attested to by Its C~erk and approved as to form and legal sufficiency by the CRA Board General Counsef, and the Director has signed and executed this Agreement, that day and year first written. 3 _-------:.____1 ATTEST:. . : '. ',...: DWIGHT E. BROCK; QLERK BY: ~'f f\J.i~.lAii~O.G. ~ at to ~lerk A~ ..brm'anq Le~lr/2 LL Scott Teach Managinq AssIstant County Attorney Agenda Item No. 14A November 10, 2009 Page 8 of 8 14,A NTY REDEVELOPM NTAGENCY Item# ~ 4