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oy ' TLA <br /> 0 <br /> ` INDIAN RIVER COUNTY <br /> EMERGENCY CONTRACT <br /> [Hurricane Frances and Hurricane Jeanne] <br /> [Sheriff' s Office] <br /> THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement" or <br /> " Contract" ) , entered into as of this 28th day of September, 2004 by and between INDIAN <br /> RIVER COUNTY , a political subdivision of the State of Florida , ( "County" ) and BARTH <br /> CONSTRUCTION , INC . , 1717 Indian River Blvd . , Suite 202A , Vero Beach , FL 32960 <br /> ("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 , due to Hurricane Jeanne , the state of emergency <br /> that exists in the State of Florida for sixty (60 ) days from September 24 , 2004 , that is , until <br /> November 24 , 2004 , 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 /> 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 /> 1 <br />