4th Amendment 08/21/2019 GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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DATE: September 6, 2019
TO: Roman Gastesi
County Administrator
Lindsey Ballard, Aide
to the County Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: August 21s`BOCC Meeting
Attached is an electronic copy of Item 02, 4th Amendment to and Extension of
Employment Agreement of County Administrator Roman Gastesi, for your records.
Should you have any questions,please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FOURTH AMENDMENT TO AND EXTENSION OF EMPLOYMENT
AGREEMENT OF COUNTY ADMINISTRATOR
THIS FOURTH AMENDMENT ("Amendment") is entered into August 21, 2019 ("Effective
Date"), by and between Monroe County, Florida, acting through its Board of County Commissioners
("Board or "BOCC"), a political subdivision of the State of Florida, and Roman Gastesi ("Administrator").
WHEREAS, on April 16, 2008, the parties entered into an Employment Agreement for County
Administrator, subsequently amended in 2010, 2011 and 2015, including contract extensions through May 8,
2020 (cumulatively hereinafter, "Employment Agreement"); and
WHEREAS, the Administrator will be achieving thirty (30) years employment in the Florida
Retirement System (FRS) on November 1, 2019, and desires to enter the FRS Deferred Retirement Option
Program (DROP) until October 18, 2024; and
WHEREAS, both parties desire to renew and extend the agreement until October 1, 2024, with minor
modifications; and
WHEREAS, the parties wish to clarify the form of the contribution to FRS once the County
Administrator enters the DROP program;
NOW THEREFORE, IN CONSIDERATION of the covenants and promises contained herein, the
PARTIES hereby agree as follows:
(deletions are shown with strikethroughs and additions or changes are shown with underlining)
1. Paragraph 7(A) of the Agreement ("Normal Term of the Agreement") is revised and replaced to read
as follows
A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty
eight-(4-8-)-menthsr at 8:00 n on the t 2th day of May, 2008, and ending at 5:00 P.M.
on the 11t'day of May, 2012. Renewal and extension of this agreement shall commence at 5:01 P.M.
o„ *o 11th day fMay 20 r,a continue throug 5:00 n M „ the i i h day of May, 2015. The
Third Amendment to this agreement shall commence at 5:01 p.m. on May 11, 2016 and continue
apply, This Agreement shall commence at 8:00 A.M. on May 12, 2008, and shall end at 5:00 P.M. on
the October 18, 2024.
2. Paragraph 7(B) of the Agreement ("Extension of Normal Term") is deleted in its entirety.
3. Paragraph 11 of the Agreement("Florida Retirement System") is amended to read as follows:
11. FLORIDA RETIREMENT SYSTEM: At all times herein relevant, the BOCC will
contribute such amounts as are required by the Florida Retirement System law, and another
applicable law or statute. 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, until such time as the County
Gastesi Contract 8-21-19
As amended'and approved by BOCC on 8-21-19 1
Administrator enters into the DROP program.
6. Sub-paragraphs (A) and (B) of Paragraph 15 of the Agreement ("Annual Leave; Sick Leave; Personal
Leave; Transfer of Leave") are amended to read as follows:
15. ANNUAL LEAVE; SICK LEAVE; PERSONAL LEAVE; TRANSFER OF
LEAVE.
A. On the Effective Date of this Amendment, any current unused accrued annual leave on
the books for the County Administrator will be cashed in at the Administrator's total salary based
on the hourly rate in effect on August 20, 2019. In addition, on the Effective Date of this
Amendment, the Administrator will be credited with an additional two (2) weeks (eighty (80)
hours) annual leave. Thereafter.,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 consistent with the Personnel Policies and Procedures
Manual.
B. On the Effective Date of this Amendment, any current unused accrued sick leave on the
books for the County Administrator will be cashed out and paid out at the Administrator's total
salary based on the hourly rate in effect as of August 20, 2019. In addition, on the Effective Date
of this Amendment, the Administrator will be credited with an additional two (2) weeks (eighty
(80) hours of sick leave. Thereafter, 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 consistent with the Personnel Policies and
Procedures Manual. 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 li it is capped at
ten (10) days, except that any accrued such leave shall not be included in final payment when this
agreement terminates for any reason.
7. In all other respects,the terms and conditions set forth in the Employment Agreement between
Monroe County Board of County Commissioners and Roman Gastesi remain in full force and effect.
Gastesi Contract 8-21-19
As amended and approved by BOCC on 8-21-19 2
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6„i..• EREFORE,the parties hereto have signed and sealed this agreement on the date first above
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Monica Rodnyarz L{/hat- E By.
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Gastesi Contract 8-21-19
As amended and approved by BOCC on 8-21-19 3