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20-2177 Declaring State of Emergency Covid 19EMERGENCY ORDINANCE NO. 20-2177 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, DECLARING A STATE OF EMERGENCY WITHIN THE CITY OF LONGWOOD IN ACCORDANCE WITH THE DECLARATION OF EMERGENCY BY THE GOVERNOR; ADOPTING EMERGENCY REGULATIONS TO ADDRESS PREPARATION FOR AND MITIGATION OF COVID- 19; PROVIDING FOR NON -CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE AND A SIXTY DAY EXPIRATION UNLESS TERMINATED EARLIER. WHEREAS a respiratory illness due to a novel coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting many countries, including the United States; and WHEREAS the State of Florida has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC), with the United States Health and Human Services Agency, and with local health departments since December 2019 to monitor and plan for the potential spread of COVID-19 to the United States; and WHEREAS on January 23, 2020, the CDC activated its Emergency Response System to provide ongoing support for the response to COVID- 19 across the country; and WHEREAS on March 1, 2020, Governor Ron DeSantis of the State of Florida issued Executive Order No. 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 7, 2020, Governor Ron DeSantis of the State of Florida directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS on March 9, 2020, Governor Ron DeSantis of the State of Florida issued Executive Order No. 20-52 declaring a state of emergency within the State of Florida in response to the COVID-19 Public Health Emergency; and Ordinance No. 20-2177 Page - 1- of 6 WHEREAS in accordance with § 252.38, Florida Statutes, Executive Order No. 20-52 authorizes the City to waive the procedures and formalities otherwise required of the City by law pertaining to (1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; (2) Entering into contracts (however, the City is cautioned against entering into time and materials contracts without ceiling as defined in 2 CFR 200.3180) or cost plus percentage contracts as defined by 2 CFR 200.323(d)); (3) Incurring obligations; (4) Employment of permanent and temporary workers; (5) Utilization of volunteer workers; (6) Rental of equipment; (7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and (8) Appropriation and expenditure of public funds; WHEREAS City is granted the authority under § 2(b), Art. Vill of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS this Emergency Ordinance is authorized by City of Longwood Charter Section 3.12, Chapter 166, Florida Statutes, Section 252.38, Florida Statutes, and other applicable provisions of law; and WHEREAS the Florida Department of Public Health has been in regular communication with hospitals, clinics and other health providers and has provided guidance to health facilities and providers regarding COVID-19; and WHEREAS experts anticipate that while a high percentage of individuals affected by COVID-19 will experience mild flu -like symptoms, some will have more serious symptoms and require hospitalization, particularly individuals who are elderly or already have underlying chronic health conditions; and WHEREAS it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases in Longwood, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization; and WHEREAS the City must use all available preventative measures to combat the spread of COVID-19, which will require access to services, personnel, equipment, facilities, and other resources, potentially including resources beyond those currently available, to prepare for and respond to any potential cases and the spread of the virus; and WHEREAS the conditions caused by COVID-19 are likely to require the Ordinance No. 20-2177 Page -2-of6 combined forces of a mutual aid; and WHEREAS, the City finds that this Ordinance is in the interests of the public health, safety, and welfare. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and accurate and are incorporated herein. SECTION 2. Declaration of Emergency. The City Commission finds, due to those reasons enumerated herein and in the recitals incorporated herein, that a State of Emergency is hereby declared to exist within the City of Longwood immediately upon the Effective Date of this Ordinance. The City Commission therefore makes this formal declaration of a State of Emergency, which shall expire sixty (60) days from the Effective Date of this Ordinance unless terminated earlier by ordinance or resolution of the City Commission. Further, the City Commission hereby ratifies actions taken by the City of Longwood and its officers and employees to prepare for the COVID-19 virus that were taken in a manner consistent with this Ordinance occurring during the time period from the issuance of Executive Order Number 20-52 to the Effective Date of this Ordinance. SECTION 3. Emergency Powers. A. In accordance with applicable statutory, executive and common law authority, the City Commission hereby elects to suspend the effect of any statute, ordinance, procedure, rule or order, to the extent necessary to procure any and all necessary supplies, commodities, services, temporary premises, and other resources, including, but not limited to, any and all statutes, rules, ordinances, or orders which affect budgeting, leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees, provided that any such statute, ordinance, rule or order is suspended only to the extent necessary to ensure timely performance of COVID-19 response and mitigation functions. The City Manager should, however, attempt to obtain the most competitive pricing available given the circumstances, and to the extent possible piggyback on existing government contracts. B. The City Manager shall have the authority on behalf of the City to execute contracts with third parties and other governmental agencies as deemed necessary to prepare for and mitigate and counteract the ill effects of the declared emergency. Any emergency contracts so executed shall be limited to the purpose of mitigating or otherwise managing the emergency declared and shall not obligate the City to the purchase of products or services beyond the timeframe of such emergency. Ordinance No. 20-2177 Page -3-of6 C. The City shall have the right to exercise any of the powers specifically provided to local governments pursuant to § 252.38, Fla. Stat., and authorizes and directs City Manager to execute those activities deemed necessary to respond to and mitigate the effects and conditions attributable to COVID-19 and any other related adverse health conditions concomitantly impacting the City. For the purpose of carrying out pandemic mitigation, the City Manager is directed and encouraged to seek assistance from any and all applicable federal, state, and local agencies that may be capable of providing emergency services, compensation, or reimbursement to the City. D. The City Manager has the right to determine a threat to public health and safety that may result from COVID-19 and that the contagious nature of such virus constitutes a hazardous environment for the citizens of Longwood. To such end, the City Manager shall have the authority to close public spaces or otherwise cancel, rescind, close, or postpone any special events, assemblies, or gatherings, scheduled or unscheduled, within the City where COVID-19 may be spread or otherwise transmitted to others. The City Manager may further close any public offices, facilities, parks, or buildings of the City or otherwise limit access thereto to further assist in any quarantine efforts. To assist in maintaining safe and sanitary living and functioning conditions and protect property from immediate threat, the City Manager shall have the power, but not the obligation, to authorize and issue sanitary processes and supplies to reduce or otherwise mitigate potential sources of contagion. The City Manager is further authorized to enter into temporary lease or license agreements for real property which is necessary for creating and operating temporary medical staging areas to process, quarantine, and/or otherwise treat any persons diagnosed with or suspected of being infected by COVID-19. E. The City Manager shall have the authority to authorize the City or the City's contracted agent(s) right of access to private roads or gated communities as needed by emergency vehicles such as, but not limited to, police, fire, medical care, and sanitation to alleviate immediate threats to public health and safety. F. During the state of emergency declared by this Ordinance, the City Manager has the power to invoke any or all of the following prohibitions or restrictions: (1) Restrictions. In the interest of protecting citizens and property during a declared state of emergency, the City Manager may apply additional restrictions contained in this subsection to certain neighborhoods, subdivisions, or sections of the City impacted or threatened by a disaster. (2) Restricted Access Areas. No person may enter an area designated as a Restricted Access Area by the City Manager unless he/she is in performance Ordinance No. 20-2177 Page -4-of6 of his/her official governmental duties, has written permission of the City Manager or his/her designee, or resides in such area. (3) Curfew. If it is necessary to preserve peace and order within the City, the City Manager may impose a curfew for a restricted area or the entire City as required by the circumstances surrounding a declared state of emergency. Such curfew shall not apply to persons in the bona fide performance of designated essential services such as fire, police, medical and physician services, public service, government, or government -contracted employees in the execution of their delegated duties, or other employees, with verifiable identification, traveling to and from their place of employment. (4) Notice of Restrictions. Should the City Manager or his/her designee invoke any or all of the foregoing provisions contained in this subsection F, he shall inform City staff, law enforcement, and emergency personnel of such and provide local news media with written notification thereof for immediate dissemination to the public. G. During this declared state of emergency, all procedural and notice time periods affecting the normal functions of the City, including those set forth in ordinances and rules of the City, to the extent such requirements cannot be complied with due to the emergency, shall be temporarily suspended during the emergency. Such functions include, but are not limited to, permitting, development applications, code enforcement matters, and other municipal review and approval procedures. H. During this declared state of emergency and in the interest of minimizing exposure to COVID-19, the City Commission is hereby permitted to meet via videoconferencing or telephonic means, provided that such meetings are noticed pursuant to the appropriate notice requirements, whether such meeting is a regular, special, or emergency meeting. A quorum for any such meetings will be three (3) or more Commission members, whether physically or virtually present. The Commission is authorized to vote at such meetings on any measures the Commission deems necessary for the continued orderly operation and administration of the City and the management and mitigation of conditions arising from the declared emergency. For such meetings, the City will, to the extent possible or otherwise feasible, ensure that Commission members attending the meeting remotely can both hear any Commission or public comment and speak to the Commission and the public. The City must also, to the extent possible or otherwise feasible, further provide interactive internet access to the public and make computers or other similar systems available for citizens without internet access at designated places within the City. Upon the conclusion of the state of emergency, any and all Commission actions taken at meetings held via videoconferencing or telephonic means must be reviewed and, Ordinance No. 20-2177 Page -5-of6 subject to the Commission's discretion and receipt of public comment, ratified at a regular meeting of the City Commission noticed and conducted according to the City's ordinary rules and procedures. SECTION 4. Severability. If any portion of this Ordinance is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the Ordinance shall continue in full force and effect. SECTION 5. Non -Codification. Given the temporary nature and effect of this Ordinance, it is the intent of the City Commission that this Ordinance will not be codified. SECTION S. Effective Date. This Ordinance will become effective immediately and pursuant to City Charter. This Ordinance will expire sixty (60) days from the effective date unless sooner repealed by the City Commission by ordinance or resolution or otherwise extended as permitted by applicable law. SECTION 7. Conflicts. In the event of a conflict between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. READ AND ADOPTED this 16th day of March, 2020 ATTEST: Michelle Long6-,"CMC, FCRM, City Clerk CITY OF LONGWOOD, FLORIDA ql,*,*, - Matt Morgan, Mayor Approved as to legal form and sufficiency for the City of Longwood only. DaIlliel W. 1-6110f,y A rney Ordinance No. 20-2177 Page -6-of6