3rd Amendment 12/09/2015 THIRD AMENDMENT TO AND
EXTENSION OF EMPLOYMENT AGREEMENT
OF COUNTY ADMINISTRATOR ROMAN GASTESI
THIS THIRD AMENDMENT AND EXTENSION is made and entered into this 9 'th day of
December, 2015,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, the contract was amended on December 14, 2011 to extend the contract until 5:00
p.m.on May 11, 2016;and
WHEREAS, in 2011,the Florida Legislature enacted F.S. 215.425(4)(a),which caps severance
pay for local government contract employees at an amount equal to 20 weeks of salary and prohibits
severance pay when an employee has been fired for"misconduct"as that term is defined in F.S.
-433 036(29); and
WHEREAS,the provisions of F.S. 215.425(4)(a)apply to this renewal and extension of this
agreement; and
WHEREAS, the Florida Association of County Managers(FACM)was created in 2014 to serve
as a professional peer group for chief administrative officers of Florida's counties; 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:
The contract entered between the parties on April 16,2008, as amended on June 29, 2010 and on
December 11, 2011, 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:
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 12th day of May, 2008, and ending at 5:00
P.M. on the l lth day of May, 2012. Renewal and extension of this agreement shall commence at
5:01 P.M. on the 1 Ith day of May, 2012, and continue through 5:00 P.M. on the llth day of May,
2016. The Third Amendment to this agreement shall commence at 5:01 p.m. on May 11, 2016
and continue through 5:00 p.m. on May 11, 2020, after which the one-year renewal terms in
Paragraph 7.B shall apply.
b) Paragraph 7.F. shall be amended to read as follows:
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 employee coverage only plus, after six months'
employment, a sum equal to 20 weeks salary. The Administrator shall not be eligible to receive
severance pay if he has been discharged for misconduct as defined in F.S. 433.036(29)or for
cause as defined in Paragraph 7C of this agreement as amended.
c) Paragraph 12 shall be amended to read as follows:
PROFESSIONAL MEMBERSHIPS. The Administrator shall, as a minimum, maintain
memberships in the following professional organizations and interest groups: International
City/County Managers Association(ICMA); Florida City/County Managers Association
(FCMA); and the Florida Association of County Managers(FACM).
2. In all other respects, the Agreement entered April 16, 2008, as amended June 29, 2010 and
December 11,2011 shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused these presents to be executed in their
respective names on the date first set above.
„. .ski Board Board of County Commissioners
•eavilin,Clerk of Mo e County, Florida
t � (A )y.,
. i i��f 1.,.. , soh
1/4ayor
Roman astesi
MONK E COUNTY ATTORNEY
AP OVE AS TO f��J�'
i•!Y u�
NTHIA L HALL
ASSISTA T COUNTY ATTORNEY
Date IF 2,0— aolS