HomeMy WebLinkAbout2020-031RESOLUTION NO. 2020- 031
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING MARCH 18, 2020, THROUGH AND
INCLUDING APRIL 6, 2020, OR IN THE EVENT OF A LOCALLY
DECLARED STATE OF EMERGENCY DUE TO COVID-19, UNTIL THE
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IS
ABLE TO MEET, AND FURTHER DELEGATING TO THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE
ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF
THE COUNTY DURING THE PERIOD COMMENCING MARCH 18, 2020,
THROUGH AND INCLUDING APRIL 6, 2020 OR IN THE EVENT OF A
LOCALLY DECLARED STATE OF EMERGENCY DUE TO COVID-19,
UNTIL THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY IS ABLE TO MEET.
WHEREAS, at the November 5, 2019 Board of County Commissioners meeting, the Board
approved the scheduled Board meetings for 2020, with the last meeting in March, being March 17th
and the first meeting in April, being April 7th;
WHEREAS, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52,
declaring a state of emergency in the State of Florida concerning COVID-19;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of
County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee;
RESOLUTION NO. 2020- 031
WHEREAS, pursuant to Resolution No. 2019-55 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator, or his designee, the authority: (i) to declare a state of local emergency for Indian River
County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued
Executive Order concerning Emergency Management issued by the Governor of the State of Florida
declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section
252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including,
without limitation, the ability to issue Emergency Orders for Indian River County. during the period
of the declared emergency, and such delegation in Resolution No. 2019-55 remains in full force and
effect; and
WHEREAS, pursuant to Resolution No. 2019-56, the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of Florida
emergency affecting Indian River County, and such delegation in Resolution No. 2019-56 remains in
full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions
on behalf of the Board of County Commissioners to call letters of credit which might expire or
otherwise require action to be taken during the period commencing March 18, 2020, through and
including April 6, 2020, or in the event of a locally declared state of emergency due to COVID-19,
until the Board of County Commissioners is able to meet. Any resolutions executed by the County
Administrator or his designee, to call letters of credit during the period commencing March 18, 2020,
through and including April 6, 2020, or in the event of a locally declared state of emergency due to
COVID-19, until the Board of County Commissioners is able to meet, are to be accompanied by a
copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
March 18, 2020, through and including April 6, 2020, or in the event of a locally declared state of
emergency due to COVID-19, until the Board of County Commissioners is able to meet, provided
that all such documents signed during such interval are brought to the Board of County
Commissioners for ratification, once the Board of County Commissioners is able to meet, again.
3. The Effective Date of this Resolution is March 18, 2020, and this Resolution shall expire
without further action of this Board at the close of business on April 6, 2020 or in the event of a
locally declared state of emergency due to COVID-19, until the Board of County Commissioners is
able to meet.
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RESOLUTION NO. 2020- 031
This Resolution was moved for adoption by Commissioner Peter D. O'Bryan and the
motion was seconded by CommissionerJoseph Flescher , and, upon being put to a vote. the vote
was as follows:
Chairman Susan Adams
Vice -Chairman Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
AYE
AYE
AYE
AYE
AYE
The Chairman thereupon declared this Resolution duly passed and._adopte,
March, 2020.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
Deputy Clerk
Approved as to form and
legal suffici ey
By
Dylan Reingold, County Attorney
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BOARD OF COUNTY.
INDIAN RIVER COUN
By Lam" 0i_
Susa Adams, ai an