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<br /> fA
<br /> JA
<br /> Off-{
<br /> INDIAN RIVER COUNTY
<br /> EMERGENCY CONTRACT
<br /> [ Hurricane Frances and Hurricane Jeanne
<br /> Debris Removal from former Dickerson site]
<br /> THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement " or " Contract " ) ,
<br /> entered into as of this 22nd day of October , 2004 ( " Effective Date " ) by and between
<br /> INDIAN RIVER COUNTY , a political subdivision of the State of Florida , having its principal
<br /> address at 1840 25th Street , Vero Beach , FL 32960 ( " County" ) and Coastal Services of
<br /> Florida , LLC a Florida limited liability corporation , having its principal address at 3175
<br /> Willfee Road , Fort Pierce , Florida 34982 .
<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 the state of emergency that exists in the State of
<br /> Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until November 10 , 2004 ,
<br /> 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 /> 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
<br /> F :\Public Works\Capital Projects\Hurricane Debris Removal\emergency contract CoastaIMULCH . doc 1
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