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HomeMy WebLinkAbout2000-18960 01 40 40 EMPLOYMENT AGREEMENT between Paul Gary Bangel, Indian River County Attorney, and the Indian River County Board of County Commissioners This agreement, made and entered into this 13_t day of lune _ 2000, by and between Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, 1840 25"' Street, Vero Beach, FL 32980 (hereinafter "COUNTY"), and Paul Gary Bangel, whose address is c3 ► rade. _,2rs , (hereinafter "ATTORNEY"), for employment commencing July 10, 2000, WITNESSETH THAT: SECTION I. ATTORNEY'S DUTIES In consideration of ATTORNEY's employment by COUNTY, ATTORNEY shall devote full time and attention to the practice of law on behalf of COUNTY. ATTORNEY shall not engage in the compensated practice of law except as an employee of COUNTY, unless authorized by the Board of County Commissioners to do so. COUNTY shall have the power to determine the matters to be assigned to ATTORNEY, the specific duties to be performed by ATTORNEY, and reasonable standards of performance to be maintained. SECTION 2. GENERAL POWERS OF COUNTY Subject to the Rules of 'Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the COUNTY shall have the power to review all work performed and to require ATTORNEY to revise such work or work product; to determine the time and the manner of the performance of all work, and to determine standards of performance, all of which shall be reasonable. SECTION 3. ETHICS OF ATTORNEY ATTORNEY shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice of law. SECTION 4. ANNUAL COMPENSATION For all services rendered by ATTORNEY, ATTORNEY shall be paid a salary of Ninety - Five Thousand and 001100 Dollars ($95,000.00) annually, payable in 25 biweekly installments of $8,553.85, as adjusted for necessary deductions. In addition to salary, ATTORNEY's full compensation Includes a car allowance of $275.00 monthly. ATTORNEY's salary shall be increased by any cost -of -living increase granted other County employees. SECTION S. At}DITIONAL BENEFITS COUNTY provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to AT'T'ORNEY on the same terms and conditions that they are available to a full-time, regular non -contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the C-mty •• 40 40 Administrative Policy Manual. In addition, Continuing Legal Education, as necessary, to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by ATTORNEY, will be paid by COUNTY. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. COUNTY shall pay ATTORNEY's Florida Bar dues, Florida Bar section fees, board certification fees, American Bar Association dues, and local bar association dues. ATTORNEY shall be included in the "Senior Management Service Class" of the Florida Retirement System. Moving expenses, which shall include those associated with moving from ATTORNEY's present residence, storage, moving expenses from temporary housing, mileage, and lodging expenses incurred in connection with visits to Indian River County, not to exceed $2,000.00, shall be provided by County. Credit for 225 hours of sick leave shall be provided by County. ATTORNEY shall accrue vacation leave at the rate of 9- 3R hours per month SECTION 6. CONTRACT The ATTORNEY acquires no property rights in employment but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7. TERMS oil This employment contract is for one year from ##�a-slat�tt- The contract is not continuing in nature and must be renewed on an annual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. COUNTY shall provide ATTORNEY at least sixty days' written notice of non -renewal. SECTION 8. TERMINATION This contract may be terminated by either party by 30 days' written notice given to the other party. SECTION 9. SEVERANCE If COUNTY terminates this initial contract at any time during this initial term it shall pay ATTORNEY full compensation for the remainder of the contract year or an amount equaling six months' pay, whichever is greater. In the event of any termination by COUNTY of a renewal contract, or in the event of COUNTY's failure to renew an employment contract with ATTORNEY containing equal or more favorable terms for ATTORNEY, COUNTY shall pay ATTORNEY one month's severance pay for each year of service (prorated by month) or an amount equal to six months' pay, whichever is greater, not to exceed 12 months' pay. Any accrued annual leave and sick leave will be paid in full when a contract is terminated or not renewed. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach and Braderrfon, respectively, on the date set forth above. 1r., Serx INDIAN RIVER COUNTY FLORIDA cj�o/snY 8 � N&-JTK-0 Fran B. Adams, Chairman INDIAN RIVER COUNTY ITORNEY Paul ry Bang,, an I so 40 i Prepared by and return to: Michael O'Halre, Esq Attorney at Law O'HAIRE, QUINN & CANDLER, CHARTERED 3111 Cardinal Drive Vero Beach, Florida 32963 561-231-6900 [Space Above This Line For Recording Do [a] Deed THIS DEED made this 131A day of tx/t , 2000, between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a water control district under the laws of the State of Florida, whose post office address Is 440D 20'" Street. Vero Beach, FL 32966, party of the first part, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is 184025'" Street, Vero Beach, FL 32960, party of the second part. WITNESSETH, that said party of the first part, for and In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) to it In hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the party of the second part, its heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit. Real property described on Exhibit "A" attached hereto and, as such, made a part hereof. TOGETHERWITH the West 300 feet of Sublateral B-4Canal right-of-way, being more particularly described as: The West 300 feet of the North 30 feet of Tract 12, Section 18, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company as recorded in Eclat Book 2, Page 25, St. Lucie County Public Records, said properly now lying and being in Indian River County, Florida. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of Supervisors, acting by the President of said Board, the day and year aforesaid. Signed, seated and delivered in our presence: Witness Name: Witness Name, STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER FARMS WATER CONTROL DISTRICT By:� David E nter, P r t Attest: o S. Amo , acretary The foregoing instrument was acknowledged before true this3#h day of ;June , 2000, by David E. Gunter and John S, Amos, President end Secretary, respectively, of the INDIAN RIVER FARMS WATER CONTROL 01STRICT, who are pc•sonaliy known to me or have produced a Drivers License as Idanllflea IIon, on bahaIf of said DIstricl. [Notary Seal] Notary Public Printed Name: A Eta n 4. V LAeINJ My Commission explros: ..— urarra 3 a r,mn �erurrwwWjww.+w o 00 • 4w L: j EXHIBIT j A THAT PART OF TRACT 8 LYTNO SOUTH OF MAIN CANAL, IN SECTION 4, TOWNSHIP 33 SOU'ru, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; EXCEPTING, HOWEVER, THE FOLLOWING PARCEL: THAT PORTION OF TRACT 8, SECTION 4, TOWNSHIP 33 SOUTH RANGE 39 EAST, LYING SOUTH OF THE MAIN CANAL AND WEST OF 43&° AVE, AS DESCRIBED IN WARRANTY DEED TO SIBARCO CORPORATION, RECORDED IN OFFICIAL RECORD BOOK 112, PAGE 54, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ABOVE DESCRIBED PARCEL BEING THE SAME DESCRIPTION AS CONTAINED IN WARRANTY DEED FROM KATHERINE M. COX, A SINGLE WOMAN, TO INDIAN RIVER FARMS DRAINAGE DISTRICT, DATED DECEMBER 15, 1972, AND RECORDED IN OFFICIAL RECORD BOOK 426, PAGE 600, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID TRACT 8 (SAME BEING THE LAST % CORNER OF SAID SEC'T'ION 4) RUN N. 89"05'54"W. A DISTANCE OF 25 FEET; THEN RUN N. 00120'11"E. A DISTANCE OF 64.85 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF 43" AVENUE AND THE NORTH RIGHT-OF-WAY OF STATE ROAD 60; THENCE CONTINUE N. 00°20'1 I"E. ALONG THE WEST RIGHT-OF-WAY OF 43"D AVENUE A DISTANCE OF 106.04 FEET, MORE OR LESS, TO THE SOUTH RIGHT-OF-WAY OF THE MAIN CANAL; THENCE RUN S. 70°21'49"W, ALONG SAID SOUTH RIGHT-OF- WAY A DISTANCE OF 1335 FEET TO THE POINT OF BEGINNING AT THE NORTHEAST CORNER OF THE 11EREIN DESCRIBED PARCEL; FROM THE POINT OF THE BEGINNING CONTINUES. 70°2T'49"W. ALONG THE SOUTH RIGHT-OF-WAY OF THE MAIN CANAL, A DISTANCE OF 154.31 FEET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF STATE ROAD 60; THENCE RUN EAST ON SAID NORTH RIGHT-OF-WAY OF STATE ROAD 60 ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 68,711 FEET, ON A CHORD BEARING OF S. 88°04'43"E., A CHORD DISTANCE OF 145.61 FEET TO A POINT, SAID POINT LYING 125 FEET WESTERLY OF THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF 43RO AVENUE AND THE NORTH RIGHT-OF-WAY OF STATE ROAD 60 AS MEASURED ALONG SAID NORTH RiGnT-OF-WAY; THtNCE RUN N. 00°11'39"W., ALONG THE WEST LINE OF PROPERTY CONVEYED BY ATLANTIC RICHFIELD COMPANY TO MOBIL OIL CORPORATION AS DESCRIBED IN SPECIAL WARRANTY DEED, DATED MARCH 20, 1972, AND RECORDED IN OFFICIAL RECORD BOOK 405, PAGE 520, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 56.74 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.