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INDIAN RIVER COUNTY
<br /> EMERGENCY CONTRACT
<br /> [Hurricane Jeanne]
<br /> [ Highland Drive Storm Sewer Replacement at IRFWCD B - 10 Canal]
<br /> THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement" or
<br /> " Contract" ) , entered into as of this 9th day of November, 2004 by and between INDIAN
<br /> RIVER COUNTY , a political subdivision of the State of Florida , ( " County" ) and TIMOTHY
<br /> �. ROSE CONTRACTING , INC . , a Florida corporation , whose address is 1360 Old Dixie
<br /> Highway , SW , Suite 106 , Vero Beach , FL 32962 ( " Contractor" ) .
<br /> BACKGROUND RECITALS :
<br /> .. WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management )
<br /> was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that
<br /> declared that Hurricane Frances , alone and in combination with the destruction by
<br /> Hurricane Charley , threatens the State of Florida with a catastrophic disaster; and
<br /> WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management )
<br /> declared that a state of emergency exists in the State of Florida for sixty ( 60 ) days from
<br /> September 1 , 2004 , unless extended ; and
<br /> WHEREAS , EXECUTIVE ORDER NUMBER 04-206 ( Emergency Management)
<br /> dated September 10 , 2004 , extended , due to Hurricane Ivan , the state of emergency that
<br /> exists in the State of Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until
<br /> November 10 , 2004 , unless further extended ; and
<br /> WHEREAS , EXECUTIVE ORDER NUMBER 04 -217 ( Emergency Management )
<br /> " dated September 24 , 2004 , extended the state of emergency that exists in the State of
<br /> Florida for sixty (60 ) days from September 24 , 2004 , that is , until November 24 , 2004 ,
<br /> unless further extended ; and
<br /> WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found
<br /> that the special duties and responsibilities resting upon some state , regional and local
<br /> r. agencies and other governmental bodies in responding to the disaster may require them to
<br /> deviate from the statutes , rules , ordinances , and orders they administer, and therefore
<br /> gave such agencies and other governmental bodies the authority to take formal action by
<br /> emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida
<br /> Statutes , to the extent that such actions are needed to cope with this emergency ; and
<br /> WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS ,
<br /> Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County
<br /> �., Resolutions 2004 — 95 , 2004 — 096 , and 2004 — 118 , the Indian River County Board of
<br /> County Commissioners sitting as the Board of Commissioners of the Emergency Services
<br /> District of Indian River County has the authority to issue orders and rules during the period
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