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4b • 40 SEPARATION AGREEMENT The Separation Agreement is entered into by and between INDIAN RIVER COUNTY (hereafter the "County") and CHARLES P. VITUNAC (hereafter "Vitunac'). WHEREAS, Vitunac desires to terminate his Employment Agreement with the County and resign his position as the County Attorney. WHEREAS, the County desires to accept Vitunac's termination of his Employment Agreement and resignation as County Attorney. NOW, THEREFORE, it is agreed as follows: 1. Vitunac hereby terminates his Employment Agreement with the County and resigns his position as the County Attorney effective February 1, 2000. 2. Vitunac shall be paid severance pay in an amount equal to 200 working days of pay at Vitunac's current salary plus in accordance with current policy, accrued vacation and accrued sick pay. The County will also comply with Section 3 of the Employment ''ontract. 3. In consideration for the items set forth in this Agreement, Vitunac, his heirs, assigns and representatives, do hereby release, acquit and forever discharge the County, and its current and former officials, appointees, employees, and constitutional officers and their employees, both in their official and individual capacities, from any and all actions, claims, damages, attorney's fees or costs of any nature arising from Vitunac's employment with the County and/or his separation therefrom whether known or unknown. This Release includes, but is not limited to, any claim(s), either known or unknown, arising in law or equity, under tort or contract including, but not limited to, battery, false imprisonment, defamation, libel, slander, intentional infliction or emotional harm, negligent or willful hiring/retention; the United States or the Florida Constitution; any federal or state whistleblower statute; The American Disabilities Act; The Age Discrim;nati-n ;n Employment Act, as amended; Title VII of the Civil Rights Act, as amended; Equal Pay Act; Fair Labor standards Act; and any federal, state, or local laws prohibiting employment discrimination or restricting the County's right to take personnel action with respect to its employees. 4. In the event that any party is forced to institute legal proceedings for breach of the terms of this Agreement, 't is specifically understood and agreed that any trial shall be non jury. The parties further agree that the prevailing party shall be entitled to receive its costs and attornev's fees incurred in connection with enforcing the terms of this Aureement. The parties agree that this Agreement constitutes the entire understanding and agreement of the parties hereto and that there exists no other understandings or agreements, expressed or implied, concerning this subject matter covered herein.