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5th Amendment 02/21/2024 OUA COURra Kevin Madok, CPA aagccO: :p .o ;oH..,... Clerk of the Circuit Court&Comptroller—Monroe County, Florida �E GOUY, DATE: March 1, 2024 TO: Kevin G.Wilson, PE Acting County Administrator ATTN: Lindsey Ballard, Aide to the Acting County Administrator Suzanne Rubio Executive Administrator FROM: Pamela G. Hancoc&C. SUBJECT: February 21n BOCC Meeting Attaclied is an electronic copy of the following item for your records: N2 5'Amendment to the Employment Agreement with Roman Gastesi, dated April 16, 2008, to waive the sixty days' notice period for resignation in paragrapli 7.G. and to accept liis resignation effective February 23, 2024. Sliould you leave any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West,Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIFTH AMENDMENT TO THE EMPLOYMENT AGREEMENT OF COUNTY ADMINISTRATOR THIS FIFTH AMENDMENT ("Amendment")to the Employment Agreement between Monroe County, Florida and Roman Gastesi for the Position of County Administrator is entered into February 21, 2024 ("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") (hereinafter collectively, the "Parties"). WHEREAS, on April 16, 2008, the Parties entered into an Employment Agreement with the Administrator, subsequently amended in 2010, 2011, 2015, and 201.9, including contract extensions through May 8, 2024; and WHEREAS,paragraph 7(G) of the Employment Agreement ("Agreement"), as currently drafted, states the Agreement will be terminated upon the effective date of resignation by the County Administrator, but requires the Administrator to forfeit the payment of accrued sick and vacation leave in the event that he does not give at least sixty (60) days' written notice to the BOCC; and WHEREAS,the Administrator desires to resign effective February 23, 2024; and WHEREAS, the Board wishes to accept his resignation without the forfeiture of accrued sick and vacation leave. NOW THEREFORE, IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as follows: I A new Paragraph 7(1) in the Agreement is added to the Agreement,to read as follows: 1. Notwithstanding any language to the contrary anywhere in this Agreement, including specifically the language contained in paragraph 7(G) of this Agreement,the Board of County Commissioners reserves the right to waive the sixty (60) day notice requirement contained in paragraph 7(G) of this Agreement and to accept the resignation of the Administrator without requiring forfeiture of accrued sick and personal leave. 2. By entering in this Fifth Amendment, the Board accepts the resignation of the Administrator effective February 23, 2024 and waives the sixty (60) day notice requirement in paragraph 7(G). 1 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. Fifth Amendment to Gastesi Employment Agreement FORE,the parties hereto have signed and sealed this agreement on the date first above BS _ m BOARD OF COUNTY COMMISSIONERS OF s@ ADOK, Clerk MONROE COUNTY 9 By: By: Deputy Clerk Mayor/Chairperson Witnesses: Print Name: ROMAN GAS SI B : �+�ySTa1._. L701�-tF� y Print Name: Approved as to form and legal sufficiency: Monroe County Attorney's Office 2-27-2024 w Fiji AmesVent to Gast -ssi Employment Agreement 2 u-