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2012-148B
6001 - 1 �. 15 .83 . Public Work 12� f y 8 B F . S . Chapter 255 .05 ( 1) (a) � v Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713 .23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 .05(2) OR SECTION 713.23 FLORIDA STATUTES, BOND NO: K08695222 CONTRACTOR NAME: Mancil 's Tractor Service , Inc . CONTRACTOR ADDRESS: 4551 SE Hampton Court Stuart , FL 34997 CONTRACTOR PHONE NO: (772 ) 288-0951 SURETY COMPANY NAME: Westchester Fire Insurance Company SURETY PRINCIPAL 436 Walnut Street - WA1 OH BUSINESS ADDRESS: Philadelphia . PA SURETY PHONE NO: Z15 - 640 - 1982 OWNER NAME: Indian River County OWNER ADDRESS : 1800 27th Street Vero Beach , FL 32960 OWNER PHONE NO: (772 ) 226-1416 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $ 1411892 . 50 CONTRACT NO: Bid #2012047 (If applicable) DESCRIPTION OF WORK Milling , Grading , Paving , and Earthwork from County Roadway and encompassing the looped drop-off lanes at disposal facilities . PROJECT LOCATION: 7860 130th Street, Sebastian , FL 32958 & 3955 65th Street Vero Beach FL 32967 , & 4801 41st Street , Vero Beach FL 32967 LEGAL DESCRIPTION: (1f applicable) FRONT PACE 2236213 THIS DOCUMENT HAS BEEN All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. RECORDED IN THE PUBLIC RECORDS 2 OF INDIAN RIVER COUNTY FL BK : 2604 PG : 1484 , Pagel of 3 09/07 /2012 at 10 : 25 AM , JEFFREY R SMITH , CLERK OF COURT PUBLIC CONSTRUCTION BOND Bond No . K08695222 ( enter bond number ) Westchester Fire BY THIS BOND , We Mancil 's Tractor Service , Inc . , as Principal and Insurance Co . a corporation , as Surety , are bound to Indian River County herein called Owner , in the sum of $ 141 ,892.50 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated �, 2012 between Principal and Owner for Indian River County Solid Waste Disposa partmi'm datornerZ&wenience construction of Center Pavement Improvements the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 ( 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney' s fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract ; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 (2 ) , Florida Statutes . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety' s obligation under this bond . DATED ON August 22 , 2012 Mancil ' s Tractor Service , ,. Iia . .,` .r' ; ut, ( Name of Princi al .� �= Id hey BW-.doo Sjr V LC` �;' . '�., Don R . M nc i r1 1, r 44e t � . W r ' rSEAL r n N e ure y,�x L AiLl ` Robert Barra Attji6 i An ' : '� F a0t .A } , 3 ' ® YY) DATE (MM/DD/YY A4"Ro CERTIFICATE OF LIABILITY INSURANCE 08/22/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S ) , AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy ( ies ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ) . CONTACT PRODUCER NAME: Bouchard Insurance for WBS PHONE , ( 866) 293- 3600 ext . 623 A/c No) : P . O . BOX 6090 E-MAIL Clearwater , FL 33758 -6090 ADDRESS : INSURERS AFFORDING COVERAGE NAIC # INSURER A : American Zurich Insurance Company 40142 INSURED INSURER B : Workforce Business Services , Inc . Alt . Emp : Mancils Tractor Services Inc INSURER C : 1401 Manatee Ave . West Ste 600 Bradenton , FL 34205-6708 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : 11FL079807825 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DDlYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO N COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN' L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ Ea accident)AUTOMOBILE LIABILITY SINGLE LIMIT ANY AUTO BODILY INJURY ( Per person) $ ALL OWNED SCHAUTOS EDULED BODILY INJURY (Per accident ) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIARCLAIMSMADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X WC STATUS OTH- li AND EMPLOYERS' LIABILITY T R MIT R ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E L. EACH ACCIDENT $ 1 , 000 ,000 A OFFICER/MEMBER EXCLUDED? N / A WC 90-00-81 $-01 12/31 /2011 12/31 /2012 ( Mandatory in NH) E. L DISEASE - EA EMPLOYE $ 17000 , 000 If yes , describe under DESCRIPTION OF OPERATIONS below E . L DISEASE - POLICY LIMIT $ 11000 , 000 Qualifier: Don Mancil Jr Location Coverage Period : 12/31 /2011 12/31 /2012 Client# 051157 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) Mancils Tractor Services Inc Indian River County Bid # 2012047 Coverage is provided for 4551 SE Hampton Ct Solid Waste Disposal District (SWDD) Customer Convenience Center Pavement only those employees Stuart , FL 34997 Improvements leased to but not subcontractors of: Endorsements : 30 days written cancel notice ( 10 days for non payment of premium) CERTIFICATE HOLDER CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1800 27th Street THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Vero Beach , FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. li AUTHORIZED REPRESENTATIVE /� AOOO n ^ AO A ^ nM A T1 ^ k1 A11 � . � LA � . . . . ... . .. J 1�� MANCT-1 OP ID: KR , `..•/ CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE °"'� ` "' ` 08//24/12411 "2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s . CONTAPRODUCER 772-286113 NAME: Cabot Lord _ Stuart Insurance, Inc- 772-286-9389 PHONE 772-28611334 3070 S W Mapp H No Ext : _ ac No): 772-286-9389 Palm City FL 34990 �E�: clord@stuartinsurance. net Cabot W Lord, CIC . — — INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A : Westfield Insurance 124112 relce, nC.INSURED ncils rc INSURER B : 4551 SE Hampton Ct. - Stuart, FL 3497 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSRADDL WEIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER M MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 19000, 00 A X COMMERCIAL GENERAL LIABILITY X TRA7416829 02/04!12 02/04/13 PREMISES Ea occurrence $ 150100 CLAIMSWADE a OCCUR MED EXP (Any one person) $ 10 ,00 PERSONAL & ADV INJURY $ 1 ,000 ,00 GENERAL AGGREGATE $ 21000100 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 20000,00 17 POLICY I X I PROT F7 LOC $ AUTOMOBILE LIABILITY COMBINED SIR?;�� Ea accident $ 1 ,000,00 A X ANY AUTO TRA7416829 02/04112 02104/13 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-0VoNED PROPERTY Per $ HIRED AUTOS AUTOS accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1 ,000 ,00 A EXCESS UAB CLAIMS-MADE TRA7416829 02/04/12 02/04/13 AGGREGATE $ 11000 ,00 DED I X I RETENTION $ 0 Prod/COA $ 11000900 WORKERS COMPENSATION V C STATU- OTH- AND EMPLOYERS LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ OFFICEMMEMBER EXCLUDED ? ❑ N / A (Mandatory in NH) E. L. DISEASE - EA EMPLOYE $ K yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ A Inland Marine TRA7416829 02/04/12 02/04/13 Rented 2251 equip. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, H more space is required) GRADING OF LAND / State of Florida CERTIFICATE HOLDER CANCELLATION IRCBC -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 1840 25th Street AUTHORI7EDREPRESENTATIVE _ - - - Vero Beach , FL 32960 ( 4e © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD K08693222 Power Of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all mea by these presents : That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the follottvtg Resolution, adopted by the Board of Directors orthe said Company on December I 1 20060 to wit . "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bands, undertakings, -recognizances:.contracts and other wmlten commitments of the Company entered Into )be ordinary course of business (each a "Written Commitment"); ( I ) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commantenf for and on behalf of the Company, under the seal of the Company or ndterwlse. IF I ( ?) Each drily, appointed attotney -In-fact of the Company is hereby authorized to execute MY Written Commitment for and on behalf of the Company, under the seal ofthe Company or othensase, to du exi ml that such action is authorized by,the grant or powers provided for in 'such persons written appointment as such anomey-in-fact ( 3 ) Each of the Chairman, the President and the Vice Preside power and authority nu of the Company is hereby authorized, for and on behalf of the Company, to appoint In writing any person the anomey-indact of the Company stlth lull ty to execute; for and on behalf of the Company., under the seal of the Company or otherwise, such Written Comhutments of the Companv as may:be specified in such Nommen appointment, which Specification may be by general IF class 'of Writs" Commitments or by specificauon of one or more particul at Wnuen:Commitments. (4 ) Each of the Chairman, the President and Vice Presidents of the Companyin hereby authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the authority to execute, for and an behalf of the Company, under the Company' s seal or othenvise, such Written Commitments of the Company as are specified in such written delegation, which sped Gcation may be by general type or class of Written Commitments or by specification of one or more paniculu Written Commitments. ( 5) lbe signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal or the Company may:be affixed ed by- facsimile on such Written Commitment or wrinen appointment or delegation FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the posyers and authority .of onicers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not tinct orotherxstse errect the exerciseof any such power or authority otherwise validly granted or vested, Does hereby nominate, constitute and appoint Robert Barra, all ofthe City of Coral Springs , Florida, each individually If there be more than one named, its true and IF lawful attoiney- in- fact, to make , execute , seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof m penalties not exceeding Ten million dollars & zero `cemds .($ 10, 000,000. 00) and the execution of such writings, in pursuance of these presents shall be as binding upon said Company , as fully and amply as if they had been duly executed and acknowledged by the regglarly elected officers of the Company at its principal office, 1 14 IN WITNESS WHEREOF, the said Stephen M . Haney, Vicelorpresident, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COoIPANY this 13 day of February 2012 , WESTCHESTER FIRE INSURANCE COMPANY r rV. . G� - St4Foodplxu M. Haocy a Vogt PtcSidF . tY1[ COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIAss . IF On this 13 day of February . 2012 before me a. Notary Pubhc of the Commonwealth of Pennsylvania in and for the County. of Philadelphia came Stephen M , Haney , Dice-Presided of the . WESTCHESTER FUZE INSURANCE :COMPANY to me personally kn' 4 1own to be the indivlduai and gliicer whtl Xecutcd the preceding instrument, and he acknowledged that he exe1 + . 1 the same, wild that the seal affixed to the preceding instrument iFI s the corporate seal of said Company, that the said corporate seal and his signature IF ,were duly affixed by the authority and direction of the said corporation, and hat Resolution , adopted by the Board of IF Directors of said Company, referred to in the preceding iIII nstrument, is now In force,. < IF IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the da1 . y and year first above written ' } 171 F .I IF ,, . I stLafi � lr � � T w # cG d y ]� COaI►/OsfWrJLLTNO/>•wWNdYIVAMIA s T lot njw otj . v k •t 5d a d IjIFFFF,qTF IF IF 1 s tit ; �t (1AFJi BIWIDT, sapid �� ') ; ri FFFI to ' 7111 IF e� { Itsa x �+ :� rr � FidlioIii, � ' Rr y+f 'tiktr 1u [ FWNI lie 1 , the undersigned Assistant Secretary of the WESTCHESTER `TIRE INSURANCE COMPANY , do .hereby; certify that the original POWL rEaFIT o It T IllFIT + which the foregoing Is a substantially Irut and correct : copy, IS in full force and effect. s� 0 „of �t P. FIT d tslt ' �� Ittlot „ In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation , this2 2 cT p, Ivx ? , ` 1 r t � ,�Q a• 'YLha' rI J` F t : + +' ,r , y r s To I IF Jto 0 IT t: t fI I W'Illcatn L, .Keli7r, lt3Yl►lant t#Nrry 'Y IF I ::t . j �. fxt 17 i h a 4 ” IT I IF I THIS PO\VFR OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER February 13 , 2014 i i THE 84rlc tic Tutc nn� I IN aCal+ I , .. T.. OFF. . FIT . . _ - - ---- - _ AGREEMENT THIS AGREEMENT made and entered into this 31 St- day of August , 20129 by and between Mancil ' s Tractor Service, Inc . hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2012047 - Indian River County Solid Waste Disposal Department Customer Convenience Center Pavement Improvements ; CONTRACTOR , as an independent CONTRACTOR and not as an employee, shall furnish , for the sum of One Hundred and forty-one thousand , eight hundred and ninety- two dollars and fifth ( $ 141 , 892 . 50 ), all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 40 Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices, and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount , quality , fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR , and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications , Bid Documents , Insurance Requirements ( Exhibit A ) , Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County , Florida, or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . (Contractor) (Owner) Mancil ' s Tractor ServiQe, Inc . Indian River County , Florida J� ✓ I r Don R . Mancil , Jr . - Pr sident Gary WhFeler, BCC Chairman i% Witnessed by : Approved by BCC 08- 21 - 12 Attest : APPROVED Jeffrey R . Smith , Clerk of Court and Comp roller IF o4, CApproved seph . Baird , County Administrator :; C0MM/SS� Deputy Clerk as to F7 Legal Sufficiency `�o�? F ;L 45 * 60 BY County Attorney 0 9R " 11coU N ��' , „ .