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2023-054
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2023-054
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Last modified
4/5/2023 11:18:06 AM
Creation date
4/5/2023 11:03:45 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2023
Control Number
2023-054
Agenda Item Number
5.A.
Entity Name
John Titkanich
Subject
Employment Agreement with the Indian River Commissioners for County Administrator
for Indian River County
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be deemed to include: gross negligence in the handling of County affairs; willful violation of the <br />provisions of law; willful disregard of a direct order, demand, or policy of the County; conduct <br />unbecoming a public employee; illegal or habitual drug abuse; arrest; conviction of a felony; <br />conviction of any crime involving moral turpitude or relating to official duties; or violation of the <br />Code of Ethics for Public Officers and Employees; or as set forth in Section 4 above. <br />C. Should the County Administrator become permanently disabled or <br />otherwise unable effectively to perform his duties and responsibilities, and/or to exercise his <br />powers as County Administrator as provided in this Agreement because of sickness, accident, <br />injury, mental incapacity or health for a period of four (4) successive weeks, Board shall have the <br />right to terminate this Agreement in accordance with provisions of subsection A above. <br />10. Severance. If County terminates this Agreement at any time without cause, County <br />shall pay County Administrator 20 weeks of severance equal to County Administrator's then salary <br />as set forth in Section 5 in effect at the time of termination. <br />11. No Property Rights. The County Administrator shall not acquire any property <br />rights in employment or continued employment as a result of this Agreement, but shall obtain only <br />those contractual rights described herein. <br />12. Interpretation. This Agreement has been submitted to the equal review and <br />scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of <br />their agreement. In any dispute between the parties, the Agreement shall be given a fair and <br />reasonable interpretation, without consideration or weight being given to the fact that it was <br />initially prepared or drafted by any particular party. <br />13. Severability. Each provision of this Agreement is deemed to be separate and <br />divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force <br />and effect. <br />14. Governing Law. This Agreement shall be governed by and interpreted in <br />accordance with the laws of the State of Florida. <br />15. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings <br />arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian <br />River County, Florida. <br />16. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND <br />INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING <br />OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES <br />SHALL BE RESOLVED BY NON -JURY TRIAL. <br />17. Amendment. This Agreement may be amended or modified only by subsequent <br />written agreement signed by the County Administrator and the Board. <br />F: Utmrne),WDvlonlCounq, Administmtor Contract -10134— 4 <br />
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