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Home My WebLink About2000-0204b • 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. 40 L] CLA IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily execute this Agreement. CHARLES P. VITUNjAC INDIAN RIVER COUNTY By.�� C \J�h L By:GL"``�%� G�/�"`"� Fran B. Adams, Chairman Date STATE OF FLORIDA COUNTY OF INDIAN RIVER Date: l d U The foregoing instrument was executed before me this f -J day of February, 2000, by Charles P. Vitunac, who is personally known bine (or has produced as identification) or who took an oath. NOTARY PUBLIC STATE OF FLORIDA AT LARGE Type or Print Nahie of Notary Kimberly E. Massung �` MY COMMISSION N CC855436 EXP RES My Commission Expires: � �:R: BONDED IIIPU TROY FAIN INSURANCE. INC 4D 40 40 (-IYM1!i': fJ I THIS CONTRACT, ►nada tills /o� yA day of July, 1985, by and l,vt%rcen AIIDIAN ltiVEit Cot1N't'X, n political subdivision of the stnto of Florida, referred to herein an "County," a"d —CHARLES C. VITUNAC, nn individuni, licensed to prndtire lnw in the Stnle of Florida, herelnnfler referred to as "Attorney." tY1'CNti5S13'i'II TI1AT, ti►e pnrlles agree as follows' 1• Phis nl►all be considered a contract for n definite term for boll► pnrtles under the laws of the State of Florida. The initial term of tills contrnet ahall commerce on July 22, 1905, slid sl►all end September 30, 1907, and nbalt continue for subsequent one-year periods thereafter unlesn terminated by either finely according to the provisions of paragraph 0. 2. Salary nl►all be established at ;51,870.00. Salary shall be negotiated between the parties In advance of October 1st of each year, beginning October 1, 1985, and shall in any event be Increased no less than ilio perceninge increase riven to County Commissioners by ti►e State of Florida. In addition thereto, during negotiations in October, 1985, County agrees to consider nu additional merit Increase based upon Attorney's work product. III addition thereto, the Attorney shall bb entitled to the standard County car allowance of $200.00 per month slid 20t per mile for all travel on County buslnesn outside t1►e County. In ilia event the amount of car allowance is increased for other administrative employees due's{* the term of this contract, then Attorney shall receive It 111ce inerense. 3. County agrees to purchase Attorney Into the Stnte of Florida Retirement System (Fits) for all amount of time equal to the Attorney's time with the City of Vero Bench (City). It Is understood between ilia parties that Attorney worked for the City While ;siy wivs the 7G,is� voun.ty F'rerxis:t; 1:1=tract ,• and was the !)Istrlet's sttorrey. Indin►I River County has now taker over the ndminislrnllon of the Ulstrict and the DI-st 'let's attorney silnll now be transferred and become an employee of the Co . I►. Ills nyg(tl 11 Is iii1poss- 1we to buv Attorney 10o ►lin Fits under this pnrnrrnpls, ilia" County n1irees to rive Attorney 1 another benefll of equal vnluc to be agreed upon between Ilia IIs pnrlles.="'"�` 7/'I 11(Legul/Agree)bK l ADDE N D UM TO EMPLOYMENT CONTRACT BETWEEN INDIAN RIVER COUNTY, FLORIDA (hereinafter COUNTY) AND CHARLES P. VITUNAC (hereinafter ATTORNEY) oal 2u - �,9� c R, rrn� sCt �c.��Ss; v The Employment Contract, dated this 12th day of July, 1985, by and between COUNTY and ATTORNEY, WITNESSETH THAT: A. The Employment Contract, which is attached hereto as Exhibit "A," is amended as follows: 1. The County Attorney's salary shall be capped at $82,000 for fiscal f4i ow GAP year 1991-92. This cap would be adjusted each year by a recognized and current cost -of -living percentage. 2. The County Attorney's salary beginning Oetober'1, 1991, and each October 1 thereafter, shall be adjusted by the general. ►/0,1 04^ J the Board of County =XCe<d fJ cAp• cost -of -living percentage given by /jfUwAG ADY/S� Commissioners to County department heads.,—rather than by the 7 • -94 9/ A6R�', percentage increase established by the State of Florida for the Board of County Commissioners. 3. The base number of vacation days to which the County Attorney I shall be entitled annually shall be increased from 10 to 15. i 0- 0A),-5 B. All other provisions of the agreement shall remain in full force an effect. IN WITNESS WHEREOF, COUNTY and ATTORNEY have entered into this addendum on this 2 3 r dday of July 1991. Attest: y K Barton C erk l Approved by BCC on 7/23/91 �_,� As_s INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COM14ISSIONERS By Richard N. Bird Chairman Charles P. Vitunae RECEIVED i -s' • :'t �tiR� CLERK TO THE BOARD MR J 1:i, '® 40 with nil the w, The County Shp" provide Attorney bcneflts occruing to County employees under the Rules and Regulollons for kite Personnel binnngemenl System of Indian River County for nit ndinlnintrnlive posltlon; howover, the Attorney shrill he exempt from all employee mnnni;cnieitt provislons of lite Rules and Regulations for the Personnel management System and shnll report (llrectly to the Board of County Commissioners under the provision of the Indian River County Administrntive ordinnuce. I,,, . 5. The Attorney shall nek ns the aegat"ntiViser to kite Board of County Commissioners of Indian River County according to Athe terms of Section 1 - (Ordinance No. 92-100 Section /5, 6/2/82) of the Code of Laws and ordinances of Indian River County. 6. 1'1119 employment contract may be terminated by the County only for cause according to the procedures set forth in Section 1-33 (ordinance No. 87.-10, Section 3, 6/2/82) of tike Code. of Laws and ordinnnees of Indian River County or In accordance wIt11 Paragraph 7 hereof. Failure to diligently etnd conscientiously discharge the dutks of the office of County Attorney Shall constitute Just cause for termination under this paragraph. Should the County terminate Attorney under this paragraph, Attorney shnit be entitled to Severance pay, calculated bused on Attorney's nnlnry at the date of termination according the following table and years of service: Years of Service Severance Pay 2 or less 60 days 3 90 .days q 120 dnys 5 or more 150 days Attorney shnll also be entitled to pay for nil accrued vncatlon time nod nick lenve occordi"n to the regulntionn set forth In the Itidinn RIv9 r !'tli"sill inn, Ls"d wguinuons ror tit;; Personnel Miluagemnnt System for ndnilnlstrative employees. �V. 7. Thin employment conlrnct mny niso be terminnled by the County r:t the end of the Initinl term or any subseclnc,rit yenriy QXtenslon thereof by lrivinj! the Attn!i;, r.it dIt Y!! %V. •• ,••;i i. -2- i 40 40 edvnnce of the e. I of the IriltlnI term ..r ' Vpnrly extension: whichaver Is nppilcnbie, lir wtllch event Attorney; §Irir11 ha elltitte.d d ` to severance pay In necordnnca with the solred.41 —in 11nrnrrreph G'/ hereof. Tlris einploylit aitt contract finny ba terininntad uy the Attorney at the end of the Initial term or any subsequent ye.nrly extension thereof by giving the County GO days written notice in advance of the end of lila Initial term or nubscrlulent extension, In winch event Attorney shnll not be eirtitled to any severance pay. 5;/9/ This contrnet corrtnlna the antire agreement between the partles and shnll not be nioditieu, waived, altered or chnnred except by an Instrument In wrllinr duly nlgned by both pnrtics. DONE AND rXGCIJ'I*P]3 the date first above written. HOARD Or COUN'T'Y COMMISSIONMIS INDIAN RIVER COUNTY, FLORIDA Attent. Freda lVrlght, Cle / �y Doti C. ScuFtoek, Jr �4 7c�iL �C,. Vice Chnirmoir •r l Cj1AltLTis 11. VITUNAC— STnrE or tLORID ,,, rrIDIn1� RIVF.R Co r111s IS tilts Is TO CERi1rY 111AT r r1 n TRUE AND COIN EFILE 114 OW? T1o115 y11E ORIGINNL O ort ICE. � .0 R1(,11T. C1 rREDA r ii 'r D C. Dl\I E-�