Item Q4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/16/11 - KL Division: County Attorney
Bulk Item: Yes XX No XX Staff Contact Person: Suzanne Hutton. 292-3470
AGENDA ITEM WORDING:
Approval of an extension and amendment of agreement with County Administrator Roman Gastesi,
providing for an automobile to be supplied by County for official business and extension of contract to
May 11, 2016.
ITEM BACKGROUND:
Roman Gastesi was appointed County Administrator, effective May 12, 2012. The contract requires at
least 60 days notice with respect to a renewal, but for planning purposes of both parties, the renewal is
being submitted several months earlier.
PREVIOUS RELEVANT BOCC ACTION: April 16 2008, approval of 4-year employment
contract. June 29, 2010, approval of clarification of compensation subject to retirement.
CONTRACT/AGREEMENT CHANGES: 4 year extension; provision of vehicle.
STAFF RECOMMENDATIONS: N/A
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: No _ AMOUNT PER MONTH Year
W
APPROVED BY: County Atty X OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
AMENDMENT TO AND EXTENSION OF
EMPLOYMENT AGREEMENT
COUNTY ADMINISTRATOR
THIS AMENDMENT AND EXTENSION is made and entered into this 16th day of
November, 2011, between the Board of County Commissioners of Monroe County, Florida,
hereinafter "County", and Roman Gastesi, hereinafter "Administrator."
WHEREAS, on April 16, 2008, the parties entered into an agreement for County
Administrator for the period May 12, 2008, through May 11, 2012; and
WHEREAS, the contract was amended June 29, 2010 to clarify compensation includable
in retirement calculations; and
WHEREAS, both parties desire to renew and extend the agreement for another term,
with minor modifications; now therefore,
IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as
follows:
1. The contract entered between the parties on April 16, 2008, as amended on June 29, 2010,
shall be amended as follows:
a) Paragraph 7.A. shall be amended by adding one sentence to reflect an extension of
this agreement, and the entire paragraph shall now read:
The normal term of this agreement shall be for a period of forty- eight (48)
months, commencing at 8:00 A.M. on the 12'h day of May, 2008, and ending at 5:00
P.M. on the l l d day of May, 2012. Renewal and extension of this agreement shall
commence at 5:01 P.M. on the 11ffi day of May, 2012, and continue through 5:00
P.M. on the 1 Vh day of May, 2016, after which the one-year renewal terms in
Paragraph 7.B shall apply.
b) Paragraph 9 shall be amended to read as follows:
Administrator shall be assigned, as soon as practical after this amendment and
extension is executed by both parties, notwithstanding the extension portion of the
agreement does not commence until May 11, 2012, a motor vehicle for transportation
within the limits of Monroe County that may be necessary, required, or appropriate in
fulfilling his responsibilities and duties under this Agreement. Due to the nature of the
Administrator's duties and the travel that he incurs throughout Monroe County on a
regular basis, it is anticipated that he shall take the vehicle home at night and may have
occasional personal use within Monroe County as an insignificant and immaterial
consequence of his continuous need for a vehicle for official purposes. Said vehicle may
be removed from Monroe County only if the Administrator is travelling on official
business outside the County. All other costs of official travel shall be paid or reimbursed
pursuant to County travel policy and Ch. 112, Florida Statutes. At its sole discretion, and
upon request by Administrator, the Board may authorize the reimbursement of
Administrator's actual expenditures where documented evidence is provided detailing the
actual expenses incurred.
2. In all other respects, the Agreement entered April 16, 2008, as amended June 29, 2010
shall remain in full force and effect.
IN WITNESS WIMREOF, the parties have caused these presents to be executed in their
respective names on the date first set above.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
CommissionerSylvia Murphy
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By.
Deputy uieric
ROMAN GASTESI:
By:
Roman Gastesi, County Administrator
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Renew Co Admin Contract -2-
Mayor/Chairperson
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EMPLOYMENT AGREEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
ROMAN GASTESI
FOR POSITION OF
COUNTY ADMINISTRATOR
THIS AGREEMENT is entered into April 16, 2008, by and between Monroe County, Florida,
acting through its Board of County Commissioners ('Board or "BOCC"), a political subdivision of the
State of Florida, whose main business address is 1100 Simonton Street, Key West, Florida 33040, and
Roman Gastesi ("Administrator"), whose present residence address is 87200 Overseas Highway, Unit S-10,
Islamorada, Florida 33036.
WHEREAS, the Monroe County is currently operating under the administration of an acting
County Administrator; and
WHEREAS, the BOCC has advertised for applicants for the position of Monroe County
Administrator; and
WHEREAS, after review of applications, meeting with selected applicants, and conducting
interviews of four finalists, the BOCC has selected Roman Gastesi as its first choice to be offered the
position of Monroe County Administrator; and
WHEREAS, negotiations between Monroe County and Roman Gastesi has resulted in this mutually
acceptable Employment Agreement ("Agreement"); now therefore,
IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as
follows:
1. EMPLOYMENT. Roman Gastesi is hereby employed by the BOCC as County Administrator for
Monroe County, Florida (hereinafter "Administrator").
2. FULL-TIME EMA LOYMENT. County and Administrator agree that the position of County
Administrator will be a full-time position. Work hours performed, annual leave, personal leave, and sick
leave hours taken will be documented on a form or forms to be provided by County.
3. DUTIES OF ADMINISTRATOR.
A. Administrator will perform the duties of County Administrator as provided for in Sections
125.70 through 125.74, Florida Statutes, known as the "County Administration Law of 1974"; all duties
required by other applicable provisions of Florida law; all duties required by the Monroe County Code and
lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in administrative and
personnel policies and procedures adopted by use by the County.
B. Additionally, Administrator shall perform those duties, functions, and assignments which may
from time to time be directed by the BOCC.
Gastesi Contract 4-16-08
C. Duties shall be performed in a.professional, respectful, and timely manner and in accordance
with the highest standards of ethical behavior established by the Code of Ethics of the International
City/County Manager Association and with Part III, Chapter 112, Florida Statutes, entitled Code of Ethics
for Public Officers and Employees.
D. Administrator understands and agrees his duties under this Agreement will require him to
routinely work varied hours in excess of the normal County workday, and the hours worked shall be
consistent with the needs of the position. Administrator shall not receive overtime compensation for hours
worked in excess of forty (40) per week, including work done pre- or post -disaster, including but not
limited to hurricanes.
E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the
Administrator's right to make passive financial investments; to participate in charitable service or work
with charitable organizations and other community activities, including trade and professional
organizations; or to undertake other activities which do not interfere with the performance of the
Administrator's duties under this Agreement, it being mutually agreed that the Administrator's participation
in such activities is of such benefit to the BOCC and the County.
F. The Administrator will be reasonably available to BOCC members and key County staff twenty-
four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person.
G. Due to the nature of the Administrator's duties and the requirements of the position, interference
with the Administrator's private life is to be expected and it is recognized that Administrator may from to
time absent himself during normal business hours for personal reasons; however, Administrator shall
remain reasonably available to Board members and key Board staff by telephone or other electronic means.
4. SOLE EMPLOYMENT. In partial consideration for the agreements to be performed by the BOCC
for the benefit of the Administrator as contained elsewhere in this Agreement, Administrator agrees that he
will not perform any work, consulting services, or other activities for any other person or entity, whether
for remuneration or at no charge, without the prior express written approval of the BOCC. It is the intent
that Administrator's attentions will be devoted solely to County -related duties and obligations.
5. POST -EMPLOYMENT RESTRICTIONS. In partial consideration for the agreements to be
performed by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement,
Administrator agrees that for a period of twenty-four (24) months from the effective date of termination or
cancellation of this Agreement, Administrator will not personally appear on behalf of another person or
entity for compensation before the BOCC sitting in its legislative or quasi-judicial capacity, unless
Administrator is appearing on behalf of another governmental agency. Additionally, Administrator agrees
that for a period of twenty-four (24) months from the effective date of termination or cancellation of this
Agreement, Administrator will not lobby the BOCC sitting in its legislative or quasi-judicial capacity. For
purposes of this section, "lobbies" and "lobbyist" will have the same meaning as defined in Section
112.3215(d) and (e), Florida Statutes. This section will survive the termination or cancellation of this
Agreement, but may be waived by a majority vote of the BOCC at a public meeting.
6. DISCLOSURE OF FINANCIAL INTERESTS. Section 112.3145, Florida Statutes, requires
financial disclosure by a "local officer", and subsection 0)(a)3, defines local officer to include any person
holding one or more of the following positions:... county... manager; chief administrative employee of a
county...". Administrator agrees to make such disclosures on such forms and at such times as may be
required by state law.
Gastesi Contract 4-16-08
2
7. TERM OF AGREEMENT; TERMENATION; CANCELLATION; GENERAL RELEASE.
A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty-
eight (48) months, commencing at 8:00 A.M. on the 1P day of May, 2008, and ending at 5:00 P.M. on the
11`h day of May, 2012.
B. Extension of Normal Term. This Agreement may be renewed for periods of one year by written
agreement executed by both parties unless either the BOCC or the Administrator gives the other notice of
its or his intent to terminate the Agreement. Such written notice shall be given not less than ninety (90)
days prior to the normal expiration date of this Agreement, or sixty (60) days prior to the expiration of any
renewal term year, as applicable. Once either party gives written notice under this section, this Agreement
will not be modified or extended except as may be mutually agreed, in writing, by and between the BOCC
and the Administrator.
C. Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the
BOCC for cause, only by majority vote of the BOCC at a public meeting duly noticed and held. At least
fifteen (15) days prior to the date on which the agenda for the BOCC is prepared that contains the item of
termination to be acted upon, BOCC shall provide to the Administrator a detailed written statement of the
reason or reasons for which termination is being sought. The statement will include, but not be limited to,
the act or acts, omission or omissions, or default or defaults which form the basis for which termination is
sought, along with the relevant date or dates, time or times, and location or locations. As used in this
Section 7, "for cause" will mean (a) dishonesty with respect to the business and operation of the BOCC; (b)
confirmed violation of the BOCC's drug policy; (c) refusal to cooperate in an investigation regarding any
aspect of the business or operation of the BOCC or County, which investigation is conducted by or at the
express direction of the BOCC, the State Attorney, or any federal or state agency with jurisdiction over the
matter under investigation; (d) conviction of a crime which is classified as a felony or a crime involving
moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a crime directly
relating to the powers, duties, or privileges of County Administrator; (g) violation of a provision of the
Monroe County Code; (h) repeated or egregious violation of County policies adopted in writing by the
BOCC; and (i) breach of any material term or condition of this Agreement by the Administrator. In the
event that the Administrator prevails in any litigation challenging his termination for cause, he shall receive
from the BOCC his reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and
appellate levels.
D. Termination of Agreement by Administrator for Breach by BOCC. This Agreement may be
terminated by Administrator upon a breach of this Agreement by the BOCC, provided the BOCC has not
cured the breach within thirty (30) days following the notice of the breach. If the breach has not been cured,
termination will be effective on the thirty-first day following receipt of written notice from the
Administrator by the BOCC. Upon termination of this Agreement due to breach by the BOCC, the
Administrator shall be entitled to receive the prospective benefits as if this Agreement had been cancelled
by the BOCC.
E. Termination of Agreement by Normal Expiration. This Agreement shall terminate upon its
normal expiration date as stated in Sub -section 7.A unless renewed under the terms of Sub -section 7.B.
F. Cancellation of Agreement by BOCC. The BOCC may cancel this Agreement without cause,
effective thirty (30) days after giving written notice to the Administrator. Such cancellation will be by a
Resolution adopted by a majority vote of the BOCC at a duly noticed public meeting. Upon the effective
date of the cancellation, the Administrator will be entitled to receive from the Board, and within fifteen (15)
days will be paid by the BOCC, a sum equal to the cost of three months' health insurance premiums for
Gastesi Contract 4-16-08
3
employee coverage only plus, after six months' employment, a sum equal to six months' salary.
(i) General Release. Upon timely payment by the BOCC of the sum required for
cancellation without cause, the Administrator will execute a general release in favor of all officers,
members, and employees of the BOCC and County relating to any cause or causes of action the
Administrator has, had, or may have related to the Agreement and the cancellation thereof The general
release will encompass all applicable federal, state, and local laws and ordinances relating to claims of
illegal discrimination, intentional and unintentional torts, whistle blower rights, and all other types of
claims whether known or unknown through the date of cancellation. To the extent that it is prohibited by
applicable federal, state or local law, this provision will be deemed void and of no effect.
G. Termination of Agreement by Resignation of County Administrator. This Agreement will
be terminated upon the effective date of resignation by the Administrator. in the event that the
Administrator does not give at least sixty (60) days written notice to the BOCC of his effective date of
resignation, Administrator shall forfeit the pay of accrued sick and personal leave provided under County
policy for all employees, which shall not be a penalty but shall be considered as compensation to the BOCC
to be used at the discretion of the BOCC for the costs and expenses of hiring an interim administrator or
replacement administrator. This section shall survive the termination or cancellation of this Agreement.
H. Abolishment of Position of County Administrator. if the BOCC takes such action as to
lawfully abolish the position of County Administrator during the term of this Agreement, the abolishment
of the position, for the purposes of this Agreement, shall be deemed to be a termination of this Agreement
by cancellation by the BOCC.
8. SALARY. As partial consideration for the agreements and services to be performed by the
Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement, the
BOCC will pay to the Administrator an annual salary of ONE HUNDRED FIFTY-FIVE THOUSAND
DOLLARS ($155,000.00). After six months' employment and an opportunity for the Administrator and
any commissioner to confer regarding County policies and the role of the County Administrator, that salary
shall be raised to ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($165,000.00), which amount
shall be automatically increased on December 1, unless conflicting action is taken prior to that date. The
salary shall be increased thereafter according to the County policy of cost -of -living and merit increases
provided to other County employees.
A. The salary shall be paid in installments at the same time and in the same manner as other County
employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in
equal biweekly installments (26 pay periods per annum).
B. Administrator shall be entitled to health, accidental death & dismemberment and life insurance
coverage under County group policies.
9. TRANSPORTATION. Administrator agrees that he will be responsible for providing his own
motor vehicle for transportation within the limits of Monroe County that may be necessary, required, or
appropriate in fulfilling his responsibilities and duties under this Agreement. In lieu of the preparation,
maintenance, submission, review, approval, and auditing of detail travel expense reimbursements, and as
partial consideration for Administrator's entering into this Agreement, Board agrees to pay to Administrator
the sum of SIX HUNDRED FIFTY DOLLARS ($650.00) per month as and for a transportation allowance.
For travel out of Monroe County by motor vehicle, Administrator will be reimbursed by Board on a per trip
Gastesi Contract 4-16-08
4
basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as if departure
commenced at the Monroe County-MiamiDade County line and return ended at the Monroe County-
MiamiDade County line. At its sole discretion, and upon request by Administrator, Board may authorize
the reimbursement of Adat.imisf• actual expenditures where documented evidence is provided detailing the
actual expenses incurred. ra Ir'5
10. TRAVEL REIMBURSEMENT. The BOCC agrees to pay to or reimburse the Administrator for
the costs of mileage, meals, other expenses and lodging incurred by the Administrator for travel outside the
County by any mode other than motor vehicle that may be necessary, required, or appropriate in fulfilling
the Administrator's duties and responsibilities under this Agreement. Meals, expenses other than mileage,
and lodging will be paid for or reimbursed at the rates provided for by applicable Monroe County Code
provisions, and shall be consistent with the provisions of this Agreement. At its sole discretion, and upon
request by the Administrator, the BOCC may authorize the reimbursement of the Administrator's actual
expenditures where documented evidence is provided detailing the actual expenses incurred.
11. FLORIDA RETIREMENT SYSTEM. The BOCC agrees that the position of County
Administrator will be a position classified as, and eligible for the benefits provided under, the Senior
Management Service Class, in accordance with Section 112.055, Florida Statutes. The BOCC will
contribute such amounts at such times as is required by the Florida Retirement System law, and any other
applicable law or statute.
12. PROFESSIONAL MEMBERSHIPS. The Administrator shall, as a minimum, maintain
membership in the following professional organizations and interest groups: International City/County
Managers Association and Florida City/County Managers Association. All dues, occupational licenses,
fees, and costs for obtaining and maintaining the memberships delineated above will be paid for by the
BOCC.
13. LOCAL LIAISONS AND MEMBERSHIPS. The Administrator shall establish and maintain
liaisons with his counterparts in local governmental and public agencies located within the geographical
limits of Monroe County, and with such agencies of the State of Florida and the federal government as may
be appropriate and desirable. Any reasonable costs, fees, charges, or other expenses incurred in establishing
and maintaining these liaisons shall be reimbursed or paid for by the BOCC. Additionally, the
Administrator is authorized to become a member of civic clubs or organizations deemed to be appropriate
by Administrator, and the costs of membership shall be paid for by the BOCC; provided, however, that the
costs of membership and participation in such civic organizations shall not exceed ONE THOUSAND
DOLLARS ($1,000.00) each fiscal year.
14.OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES.
A. Office Space. The BOCC will provide office space for the Administrator at the Historic Gato
Cigar Factory Building at 1100 Simonton Street, Key West, Florida, and this space will be the primary
office for the Administrator.
B. Staff. The BOCC will provide qualified and trained staff to assist the Administrator in
efficiently, productively, and professionally meeting the mission, goals and objectives of the office of the
County Administrator and the duties of Administrator,
C. Supporting Services. The BOCC will provide utilities, telephone service, computer hardware
and software, electronic research and e-mail services, world wide web and internet access, books and
Gastesi Contract 4-16-M
5
subscriptions, periodicals, office supplies, photocopy equipment, county web -page presence and server
access and storage space, postage, office equipment and furniture, an other similar materials, equipment
and services as may be necessary for the proper, productive, and efficient operation of the County
Administrator's office.
15. ANNUAL LEAVE; SICK LEAVE; PERSONAL LEAVE; TRANSFER OF LEAVE.
A. The Administrator will earn and be credited with annual leave at a rate per month equal to the
highest rate earned by any other employee or officer of the BOCC. The Administrator may accumulate
annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of
the Personnel Policies and Procedures Manual to the contrary notwithstanding.
B. The Administrator will earn and be credited with sick leave at a rate per month equal to the
highest rate earned by any other employee or officer of the BOCC. The Administrator may accumulate sick
leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the
Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Administrator
shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in
accordance with the policies and procedures that are applicable and in effect.
C. The Administrator will be credited with five (5) days of paid personal leave each year,
commencing with the date of May 12, 2008, and each anniversary of that date thereafter. Such leave may
be used by the Administrator at his discretion, and may be accumulated without limit, except that any
accrued such leave shall not be included in final payment when this agreement terminates for any reason.
16. PARTICIPATION IN EDUCATIONAL AND COUNTY -RELATED EVENTS. The BOCC agrees
to budget for and to pay the costs incurred by the Administrator in attending seminars, continuing education
courses, BOCC and County -related events and out -of -county meetings as may be necessary or appropriate
to the Administrator's duties and responsibilities under this Agreement.
17. EMPLOYMENT BENEFITS.
A. Cell Phone; Laptop Computer. The BOCC agrees to provide a cell phone of its choice with a
carrier of its choice to the Administrator, and shall provide a laptop computer of its choice to
Administrator. The costs of acquisition, use, upgrade, and other expenses related to the supplying and use
of the cell phone and laptop computer shall be paid for by the BOCC.
B. Health, Medical, Dental, Vision, and Related Benefits. The BOCC agrees to make available to
the Administrator all health, medical, dental, vision, and related benefits as it currently offers to other non-
union County employees, under the same terms and conditions as offered to other non -union County
employees, and as may be changed, amended, deleted, or added to from time to time. The BOCC shall pay
the premiums required for single medical coverage for the Administrator, and the Administrator shall be
responsible for the premiums required for individual dental and vision coverage and dependent coverage.
C. Holiday Benefits. The Administrator will receive the same paid holidays as the County's non-
union employees receive.
D. Other Customary Benefits. The Administrator shall have the right to participate in and receive
the benefits of other employment -related benefits as are available to other non -union County employees.
Gastesi Contract 4-16-08
6
E. One-time Relocation Expense. The salary set forth in Section 8 has been negotiated to include
the maximum amount of relocation expense reimbursement which would have been available to an
administrator hired from outside the county since the Administrator had a home in Monroe County prior to
the time of hire.
F. Bonds. The BOCC will obtain a fidelity bond and any other applicable bonds covering the
Administrator while employed during the term of this Agreement, and the costs and expense of obtaining
and maintaining such bonds shall be paid for by the BOCC.
18. INDEMNIFICATION AND COOPERATION.
A. Indemnification. The BOCC agrees to defend, hold harmless, and indemnify the Administrator
against any tort, professional liability, or other legal demand, claim, or action which is related directly or
indirectly to the Administrator's action in his capacity as County Administrator.
B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings
involved the BOCC or the County which arises out of an action or actions which occurred or are alleged to
have occurred while the Administrator was acting in the capacity of County Administrator, the
Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or
proceeding. In such regard, the BOCC agrees to pay the Administrator's reasonable travel and subsistence
expenses incurred in cooperating with the BOCC and its counsel, including preparation for and actual
discovery, settlement, and trial and hearing of such matters.
(i) The Administrator agrees that, unless required by law, he will not cooperate with or assist any
party, person, or entity who has, had, or may have, or asserts that he, she or it has or may have any claim of
any nature against the BOCC or the County, its agents, officers, or employees, unless the BOCC or its
authorized agent expressly consents in writing to waive this provision of this Agreement.
(ii) The Administrator will not disclose to any person, party, or entity any confidential,
proprietary, time -sensitive, or non-public information relating to the BOCC, the County, and its operations
unless required by law to do so.
(iii) The restrictions, prohibitions, and conditions set forth in Section 18.13(i) and (ii) will not be
applicable in instances where one or more governmental entities with jurisdiction over a claim or a
violation of law are involved.
19. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in
the State of Florida and will be governed by Florida law. The prevailing party in any litigation, arbitration,
or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys'
fees from the other party for all matters, including but not limited to, appeals. Monroe County, Florida will
be the proper venue for any litigation involving this Agreement.
20. FORM OF AGREEMENT. This is the entire agreement between the BOCC and the
Administrator and may not be modified or amended except by a written document signed by the party
against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in
which case each counterpart will constitute and original of this Agreement. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the provisions of this
Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular,
and pronouns will be read as masculine, feminine, or neuter as the context requires.
Gastesi Contract 4-16-08
7
21. PERFORMANCE EVALUATION. The BOCC and Administrator shall periodically define goals,
performance objectives, relative priorities, and time lines for performance which the BOCC and
Administrator mutually agree are minimally necessary for the proper operation of county government and
achievement of the BOCC's policy objectives. The mutual agreement shall be memorialized by a
Resolution or Resolutions of the BOCC, and the Resolution or Resolutions shall become the basis for
review and evaluation of the Administrator's work performance. A review and performance evaluation of
the Administrator may be conducted as often as the BOCC may deem appropriate.
22. OTHER TERMS AND CONDITIONS.
A. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal,
invalid, or enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions
shall remain in full force and effect as if originally agreed to without the term, condition, or portion that has
been determined to be unconstitutional, illegal, invalid or unenforceable.
B. The waiver by either the BOCC of the Administrator of a breach or violation of any term or
provision of this Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach or violation by the other party.
C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the
Administrator.
D. Should the Administrator die during the term of this Agreement, the obligations of the BOCC
under this Agreement shall immediately terminate except for payment of accrued and unused leave
balances to the Administrator's designated beneficiaries of his estate; payment of all outstanding
hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and
procedures; and payment of all life insurance benefits in accordance with the terms of the County's
insurance policies or plans.
E. The BOCC and Administrator acknowledge that each has shared equally in the drafting and
preparation of this Agreement and, accordingly, no court or administrative hearing officer shall construe
any provision of this Agreement more strictly against one party over the other party, and every term,
condition, covenant, and provision of this Agreement shall be construed simply according to its fair
meaning.
F. This Agreement incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. It is further agreed that there are
no commitments, agreements, or understandings concerning the subject matter of this Agreement that are
not contained herein, and no deviation from the terms hereof shall be predicated upon any prior
representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever
made. The text herein constitutes the entire agreement between the BOCC and the Administrator, and this
agreement cannot be amended except by a written document mutually agreed to and executed with the
same formalities as this Agreement.
Gastesi Contract 4-16-08
S
G. The rights and obligations of this Agreement are personal to the Administrator and cannot be assigned,
transferred, or otherwise impaired by the Administrator.
the parties hereto have signed and sealed this agreement on the date first above
x'- BOARD OF COUNTY COMISSIONERS OF
Q HAGE, Clerk MONROE COUNTY, FLORIDA
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Cwtesi Contract 4-16-08
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AMENDMENT TO EMPLOYMENT AGREEMENT
COUNTY ADMINISTRATOR
THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the
Board of County Commissioners of Monroe County, Florida, hereinafter "County", and Roman
Gastesi, hereinafter "Administrator."
WHEREAS, on April 16, 2008, the parties entered into an agreement for County
Administrator for the period May 12, 2008, through May 11, 2012; and
WHEREAS, the contract has been interpreted by the County's auditors and the Florida
Retirement System (FRS) to preclude the inclusion in regular compensation, subject to state
retirement calculations, of the automobile allowance; and
WHEREAS, all prior Monroe County Administrators and prior and current Monroe
County Attorneys, the employees of Monroe County normally under contract, have received
automobile allowance as regular compensation, subject to FRS contributions and included in
retirement calculations; and
WHEREAS, both parties to this agreement contemplated that the compensation package,
other than employee benefits listed in Paragraph 17, would be subject to County contributions to
the FRS and included in the final average compensation computation for calculating retirement
benefits;
WHEREAS, the County has been making the contributions into the FRS for the
compensation heretofore described as salary and automobile allowance; and
WHEREAS, the parties find it in the best interests of both to amend the agreement to
render the existing contract consistent with expectations of the parties; now therefore,
IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as
follows:
L 2. The: contract entered between the parties on April 16, 2008 shall be amended to revise
paragraphs 6, 9, and 17.1) to read, effective May 12, 2008, as follows:
8. SALARY. As partial consideration for the agreements and services to be performed by
the Administrator for the benefit of the BOCC and County as contained elsewhere in this
Agreement, the BOCC will pay to the Administrator an annual salary of ONE HUNDRED
SIXTY-THREE THOUSAND THREE HUNDRED DOLLARS ($163,300.00). After six
months' employment and an opportunity for the Administrator and any commissioner to confer
regarding County policies and the role of the County Administrator, that salary shall be raised to
ONE HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED DOLLARS
($173,300.00), which amount shall be automatically increased on December 1, unless conflicting
action is taken prior to that date. The salary shall be increased thereafter according to the County
Policy of cost -of -living and merit increases provided to other County employees.
A. The salary shall be paid in installments at the same time and in the same manner as
other County employees are paid, and will be subject to all legally required deductions.
Currently, payments are paid in equal biweekly installments (26 pay periods per annum).
B. Administrator shall be entitled to health, accidental death & dismemberment and life
insurance coverage under County group policies.
9. TRANSPORTATION, Administrator agrees that he will be responsible for
providing his own motor vehicle for transportation within the limits of Monroe County that may
be necessary, required, or appropriate in fulfilling his responsibilities and duties under this
Agreement. For travel out of Monroe County by motor vehicle, Administrator will be reimbursed
by Board on a per trip basis at the rate allowed for under Chapter 112, Florida Statutes, with
mileage calculated as if departure commenced at the Monroe County-MiamiDade County line
and return ended at the Monroe County-MiamiDade County line. At its sole discretion, and upon
request by Administrator, Board may authorize the reimbursement of Administrator's actual
expenditures where documented evidence is provided detailing the actual expenses incurred.
17. D. Other Customary Benefits. The Administrator shall have the right to participate
in and receive the benefits of other employment -related benefits, other than in -county mileage
reimbursement, as are available to other non -union County employees.
2. In all other respects, the Agreement entered April 16, 2008, shall remain in full force and
effect.
IN WITNESS WHEREQF, the parties have caused these presents to be executed in their
respective names on the date first set above. C,
o
Mayor Sylvia Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner George Neugent Absent =�
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Commissioner Mario Di Gennaro Absent
Commissioner Kim Wigington Yes
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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By,-adu YC
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Deputy Clerk ayor/Chairperson
Amend Ag Co Admin re Comp. -2_
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R MAN GASTESI, County Administrator
Amend Ag Co Admin re Comp. -3-