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Resolution 2020-31312R E S O L U T IO N N O . 2020-31312 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN THE CITY OF MIAMI BEACH TO ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED THROUGH JULY 17, 2020, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DA YS, COMMENCING AT 12:00 A.M. ON JULY 18, 2020 AND ENDING AT 11:59 P.M. ON JUL Y 24, 2020; FURTHER AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR ONE (1) ADDITIONAL 5-DAY INCREMENT, WHICH WOULD COMMENCE AT 12:00 A.M. ON JULY 25, 2020, AND END AT 11:59 P.M. ON JULY 29, 2020; PROVIDED THAT THE SCOPE OF ANY EMERGENCY MEASURES ORDERED BY THE CITY MANAGER SHALL, CONSISTENT WITH ALL PRIOR EMERGENCY MEASURES IMPOSED BY THE CITY MANAGER TO DATE, BE LIMITED TO RESPOND TO IMMEDIATE THREATS POSED BY THE COVID- 19 PANDEMIC; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE CITY MANAGER SHALL BE BINDING ON THE CITY COMMISSION BEYOND THE PERIOD OF THE COVID-19 STATE OF EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE CITY COMMISSION TO UNDO ANY ACTION OF THE CITY MANAGER, WHETHER CONTRACTUALLY OR LEGISLATIVELY; AND, FINALLY, PROVIDING THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person and cause serious illness or death, constitutes a clear and present threat to the lives, health, welfare and safety of the people of the City of Miami Beach; and WHEREAS, on March 9, 2020, Governor Ron Desantis issued Executive Order 20-52, declaring a State of Emergency for the State of Florida related to COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the rapidly spreading coronavirus outbreak a pandemic; and WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez declared a State of Emergency for all of Miami-Dade County due to the threats associated with COVID-19; and Page 20 of 74 W HER EA S, on March 12, 2020, the City Manager for the City of Miami Beach declared a State of Emergency for the City of Miami Beach, as COVID-19 poses a health risk to the City's residents, particularly elderly residents and those who are immunosuppressed or otherwise have high risk of medical conditions, which declaration was amended on March 13, 2020, and the findings of which are hereby incorporated by reference; and WHEREAS, on March 13, 2020, the Mayor and City Commission of the City of Miami Beach unanimously adopted Resolution No. 2020-31192, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on March 12, 2020, and ending on March 19, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, on March 13, 2020, President Trump declared a national emergency due to COVID-19; and WHEREAS, on March 18, 2020, the Mayor and City Commission unanimously adopted Resolution No. 2020-31219, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on March 19, 2020, and ending on March 26, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, the rate of infection throughout the world and in the United States has accelerated rapidly, with more than 13,132,491 confirmed cases worldwide as of July 14, 2020; and WHEREAS, as the result of the rapid and exponential spread of COVID-19, countries such as Spain, Italy, India, Czech Republic, France, Jordan, and the United Kingdom have imposed strict measures limiting travel, and ordering citizens to stay at home to avoid or minimize the community spread of COVID-19; and WHEREAS, Dr. Anthony S. Fauci, the Director of the National Institute of Allergy and Infectious Diseases and the United States government's top infectious disease expert, warned early during the pandemic that COVID-19 could kill between 100,000 to 200,000 Americans, despite social distancing measures already taken across the country; and WHEREAS, as of July 14, 2020, the United States has recorded over 3,364,916 confirmed cases, with more than 135,616 deaths; and WHEREAS, during March and April of 2020, the accelerating infection rate for COVID-19 led at least 42 states (including Florida), and countless local governments, including Miami-Dade County, to issue orders curtailing mobility and travel, through "Shelter in Place," "Stay at Home," or "Safer at Home" orders, in order to minimize contact through social distancing measures and reduce the risk of COVID-19 infection, with over 316 million Americans subject to such orders as of Ap ril 27, 2020, accounting for over 97% of the country's population; and 2 Page 21 of 74 W HER EA S, on July 12, 2020, the Florida Department of Health (the "FDOH") repor ted 15 ,3 0 0 ad dition al cases in Florida, shattering both state and national records for daily new cases re p o rt e d sin c e th e sta rt of th e pandemic; and WHEREAS, as of July 14, 2020, the FDOH lists 282,435 positive cases of COVID-19 and 4 ,2 4 2 de a th s , w ith S o u th F lo rid a e m e rg in g a s a "hotspot" for these infection s - with 31,484 co n firm e d ca se s in B ro w a rd C o u n ty , 2 1,8 0 6 co n firm e d ca se s in P a lm B e a ch County, and 67,713 co n firm e d ca se s in M ia m i-D a d e C o u n ty, to g e the r ac co u n tin g fo r ne a rly ha lf of th e sta te's to ta l; a n d WHEREAS, as of Jul y 14, 2 0 2 0, 1,13 9 in d iv id u a ls in M ia m i-D a d e C o u n ty ha ve die d du e to co m p lica tio n s fr o m C O V ID -19 ; an d WHEREAS, he a lth e x p e rt s urg e pe o p le to pra c tic e e xtre m e so c ia l dista n c in g in o rd e r to "fla tt e n th e cu rv e ," w h ic h re fe rs to the us e of pro te ctiv e p ra ctice s to slo w the ra te of C O V ID -19 in fe ctio n , so th a t ho sp ita ls ha v e su ffi c ie n t ro o m , su p p lie s , a n d m e d ica l pe rso n n e l fo r all o f th e pa tie n ts w h o m a y ne e d ca re d u e to C O V ID -19 ; an d WHEREAS, th e fa ilu re to "fla tte n th e cu rv e " at th e e a rly on se t of the C O V ID -19 pa n d e m ic in Ita ly ha s fi lle d m a n y ho sp ita ls in Ita ly be y o n d th e ir ca p a c ity , fo rcing e m e rg e nc y ro o m s to clo se the ir do o rs to ne w pa tie n ts, a llo ca te ve ntila to rs a n d IC U be d s to pa tie n ts w ith hig h e st ch a n c e s o f su rv iv a l, hire hu n d re d s of ne w do cto rs an d he a lth c a re pe rso n n e l, an d re q u e st e m e rg e ncy su p p lie s of ba s ic m e d ic a l eq u ip m e n t, lik e re sp ira to r m a s k s, fr o m a b ro a d ; a n d WHEREAS, C O V ID -19 co n tin u e s to im p a ct fi rst re s p o n d e rs o n a g lo b a l an d na tio na l sca le - in Ita ly, 8 ,3 5 8 he a lth w o rke rs ha v e te ste d po sitiv e fo r co ron a vi rus, accor di n g to th e Ita lia n N a tio n a l In stitute o f H e a lth , a n d o v e r 6 0 do cto rs w h o w e re in fe cte d w ith th e co ro n a v irus ha v e d ie d ; a n d WHEREAS, a s S p a in ov e rt o o k C h in a o n M ar ch 30 , 2 0 2 0, in the nu m b e r of co n fi rm e d co ro n a v iru s in fe ctio ns , th e pa n d e m ic stre tche d S p a n is h ho s p ita ls to the ir bre a k in g po in ts - at le a st six of S p a in 's 17 re g io n s ha d re a c h e d the ir lim it o f IC U be d s an d th re e m o re reg io n s w e re ap p ro a c h in g it, a c co rd in g to S p a n is h a u th o ritie s ; a n d WHEREAS, th e C O V ID -19 o u tb re a k ha s a lre a d y ov e rw h e lm e d so m e U n ite d S tate s ho s p ita ls in a re a s w ith the hig h e st in fe ctio n rate s , le a d in g th e U .S . m ilita ry to pre p a re to de p lo y fie ld ho s p ita ls in N e w Y o rk a n d S e a tt le , se n d m ilita ry ho s p ita l sh ip s to Lo s A ng e le s a n d N e w Y o rk C ity , a n d ta s k th e A rm y C o rp s o f E n g in e e rs to co n v e rt ho te ls an d do rm ito rie s in to tre a tm e n t fac ilitie s fo r sic k pa tie n ts; a n d WHEREAS, th e sp re a d of C O V ID -19 via tra v e l, in c lu d in g bu s in e ss a n d le isu re tra ve l, pre se n ts un iq u e ch a lle n g e s to a re so rt co m m u n ity lik e M ia m i B e a c h , a s att ra c tin g visito rs an d to u rists is utt e rly in c o m p a tib le w ith so c ia l d ista n c in g e ffo rt s ; a n d WHEREAS, in sp ite of w a rn in g s fr o m C ity , C o u n ty , S tate , an d F e d e ra l g o ve rn m e nta l ag e n c ie s , in c lu d in g the C e n te rs fo r D ise a se C o n tro l a n d P re v e n tio n (th e "C D C"), th o u san d s of stu d e n ts a n d o th e r pe rso n s co n g re g a te d in M ia m i B e a c h fo r "S p rin g B rea k " a n d o th e r so cia l ac tiv itie s , an d co n g re g a te d in a n d a ro u n d pa rks, be a c h e s , ho te ls, re sta u ra n ts, ba rs, nig h tclu b s , an d oth e r pla c e s of p u b lic as se m b la g e , w itho u t o b se rv in g the so cia l dista n c in g g u id e line s re c o m m e n d e d by th e C D C , th u s in c re a sin g th e ris k of tra n s m iss io n ; a n d 3 Page 22 of 74 WHEREAS, as of April 2, 2020, at least four Miami Beach police officers, one of which was assigned to patrol the Ocean Drive area during a peak "Spring Break" period, have contracted COVID-19; and W HER E A S, there is reason to believe that COVID-19 may be spread amongst the population by various means of exposure, including the propensity to spread person-to-person and the propensity to attach to surfaces for prolonged periods of time, thereby spreading from surface to person and causing property loss and damage in certain circumstances; and WHEREAS, the media has reported that two religious leaders in the Surfside/Bal Harbour area have contracted COVID-19, and accordingly, continued gatherings in places of public assemblage, such as religious institutions, pose a risk to the health, safety and welfare of the people of the City of Miami Beach; and WHEREAS, since Miami-Dade County's initial declaration of a State of Emergency, Miami-Dade County has issued various Emergency Orders temporarily closing public and private facilities, including the temporary closure of all non-essential retail and commercial establishments within Miami-Dade County (as such term is defined in Miami-Dade County's Emergency Orders), subject to any further restrictions as may be ordered by municipalities within their jurisdictions; and WHEREAS, in response to the threat posed by COVID-19 to the health, safety and welfare of the City's residents, since March 12, 2020, the City Manager of the City of Miami Beach has imposed a number of temporary emergency measures to limit the inflow of leisure guests to the City and require the closure of, and limit crowds in, public facilities, public property, and places of public assemblage (including, without limitation, hotels, restaurants, bars, nightclubs, concert halls, entertainment venues, movie theaters, and houses of worship), as well as other restrictions on travel and gatherings of any number of people, including imposition of a general curfew throughout the City, in order to reduce community spread, relieve pressure on hospitals and healthcare personnel, protect workers, and maintain social order; and WHEREAS, other counties and municipalities in Florida, including Miami-Dade County, Monroe County, and Key Biscayne, have issued emergency orders with restrictions on commercial lodging establishments within their jurisdictions; and W HE R E A S , many countries have enacted travel restrictions in response to the spread of COVID-19, including the United States, which issued a Level 4 "Do Not Travel" global health advisory, advising United States citizens to avoid all international travel due to the global impact of COVID-19; and W HE R E A S, in an effort to further implement social distancing practices to curb the spread of COVID-19, on March 23, 2020, the City Manager issued a "Safer at Home" Emergency Order, requiring all persons living in the City to remain in their homes to the maximum extent possible, except to engage in essential activities as set forth in the Order; and W H E R E A S, other cities in Miami-Dade County, including Miami, Hialeah, Coral Gables, Surfside, North Bay Village, Golden Beach, Aventura, Bay Harbor Islands, and Doral have also issued similar orders for residents; and 4 Page 23 of 74 W HEREAS, however, domestic air travel remains unrestricted and Florida continues to receive guests and visitors from high risk areas, such as visitors from New York seeking shelter in Florida, potentially further compounding the public health emergency and straining resources for local governments in Florida; and WHEREAS, on March 23, 2020, Florida Governor Ron Desantis issued Executive Order No. 20-80, requiring visitors entering the State of Florida through airports from New York, New Jersey, and Connecticut to isolate or quarantine for a period of 14 days following their arrival in Florida, in an effort to stop the spread of COVID-19; and WHEREAS, subsequently, on March 27, 2020, Governor Desantis issued Executive Order 20-86, requiring visitors entering the State of Florida from Louisiana to isolate or quarantine for a period of 14 days following their arrival in Florida; and WHEREAS, on March 27, 2020, Governor DeSantis also issued an executive order suspending operations of all vacation rentals in Florida and prohibiting them from making new reservations or bookings and accepting new guests for check-in for the duration of the order; and WHEREAS, on March 27, 2020, the United States Congress approved the largest economic relief package in United States history, allocating $2 trillion to provide immediate assistance to individual Americans, small businesses, and major industries on the brink of economic collapse amid the ongoing pandemic; and WHEREAS, on March 29, 2020, in recognition that extreme social distancing measures are critical to containment of the pandemic, President Trump extended federal social distancing guidelines through April 30, recommending that all Americans must continue to avoid nonessential travel, going to work, eating at bars and restaurants, or gathering in groups of more than 10 persons; and WHEREAS, on March 30, 2020, Governor Desantis issued an executive order directing Miami-Dade County, Broward County, Palm Beach County, and Monroe County (which together account for over sixty (60) percent of Florida's identified COVID-19 cases), to restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami-Dade County pursuant to its March 19, 2020 Emergency Or d er 07-20, as amended; and WHEREAS, on March 31, 2020, Governor Desantis issued a stay-at-home order for Miami-Dade County, Broward County, Palm Beach County, and Monroe County; and WHEREAS, on April 3, 2020, the CDC announced national guidelines recommending that all persons use non-medical grade masks when engaging in any activities outside the home; and WHEREAS, on April 3, 2020, the City issued an Emergency Order requiring all employees and customers of grocery stores, pharmacies and restaurant facilities to wear a form of covering over their nose and mouth at all times when inside these establishments, and strongly encouraging the use of such coverings in all other essential retail and commercial businesses; and 5 Page 24 of 74 W HER EA S, in order to create additional capacity in hospitals, the State of Florida has determined that there is an urgent need to construct, rehabilitate and install treatment facilities to house and treat those residents and visitors of the State who are suffering from COVID-19 and non-COVID-19 illnesses; and WHEREAS, on Wednesday, April 8, 2020, City of Miami Beach Mayor Dan Gelber, along with Governor Desantis, Miami-Dade County Mayor Carlos Gimenez and U. Gen. Todd T. Semonite, Commanding General of the United States Army Corps of Engineers, announced an initiative to repurpose the Miami Beach Convention Center as a temporary medical facility for COVID-19 patients, which will initially include up to 450 beds, with capacity for additional beds if necessary ; and WHEREAS, on April 29, 2020, Governor Desantis issued Emergency Or der 20-112, which, in pertinent part, permitted certain businesses required to close pursuant to previous executive orders to reopen {subject to certain restrictions), effective May 4, 2020; and WHEREAS, in recognition of widespread transmission of COVID-19 in South Florida, and the need to continue emergency measures in South Florida, Executive Order 20-112 exempted Miami-Dade, Broward, and Palm Beach counties from the reopening provisions of the Order, pro viding that "allowances for services and activities from ... this order will be considered in consultation with local leadership"; and WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of the Florida Statutes, the City Manager of the City of Miami Beach is authorized to declare a state of emergency and order and promulgate discretionary emergency measures, with such limitations and conditions as the City Manager may deem appropriate; and WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a State of Emergency {and any such discretionary emergency measures implemented pursuant thereto) is limited to a period of 72 consecutive hours, unless an extension is authorized by the City Commission by duly enacted resolution in a regular or special session of the City Commission; and WHEREAS, Section 252.38, Florida Statutes, provides that the duration of each State of Emergency declared locally is limited to a period of seven {7) days; however, Section 252.38 also provides that such local State of Emergency may be extended, as necessary, in 7-day increments; and WHEREAS, in Resolution No. 2020-31219, the Mayor and City Commission further authorized the City Manager to continue to extend the Declaration of a State of Emergency in the City of Miami Beach, for four (4) additional 7-day increments, which would commence on March 26, 2020, and end on April 23, 2020; and WHEREAS, on April 2, 2020, and pursuant to Resolution No. 2020-31219, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 3, 2020, and ending on April 9, 2020; and WHEREAS, on April 9, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 1 O, 2020, and ending on April 16, 2020; and 6 Page 25 of 74 W HEREAS, on Ap ril 16, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 17, 2020, and ending on April 23, 2020; and WHEREAS, on April 22, 2020, the Mayor and City Commission unanimously adopted Resolution No. 2020-31245, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, Resolution No. 2020-31245 further authorized the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, on April 30, 2020, for an additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020; and WHEREAS, on April 30, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on May 1, 2020, and ending on May 7, 2020; and WHEREAS, on May 1, 2020, the Mayor and City Commission adopted Resolution No. 2020-31246, and authorized the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, for an additional 7-day increment, which would commence on May 8, 2020, and end on May 14, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, on May 7, 2020, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on May 8, 2020 and ending on May 14,2020; and WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31273, authorizing the City Manager to extend the Declaration of a State of Emergency for an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020, and further authorizing the City Manager to extend the Declaration of a State of Emergency by one (1) additional day, commencing at 12:00 a.m. on May 22, 2020, and ending at 11:59 p.m. on May 22, 2020; and WHEREAS, on May 14, 2020, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020; and WHEREAS, on May 15, 2020, Miami-Dade County Mayor Carlos Gimenez issued Emergency Order 23-20, effective May 18, 2020, permitting certain retail and commercial establishments and other establishments or facilities in Miami-Dade County to reopen, subject to strict compliance with social distancing guidelines issued by the County ("EO 23-20"); and WHEREAS, the provisions of EO 23-20 serve as minimum standards, and municipalities may impose more stringent standards within their jurisdictions; and 7 Page 26 of 74 WHEREAS, on May 16, 2020, an d pursuant to the City's Declaration of a State of Emergency, the City Manager issued the City's Ph ase 1 Reopening Order, permitting certain retail and commercial establishments to reopen subject to strict compliance with social distancing guidelines in EO 23-20, and the additional requirements set forth in the City's Order; and WHEREAS, on May 21, 2020, the City Manager extended the Declaration of a State of E m e rg e n cy fo r one (1) additional day, commencing at 12:00 a.m. on May 22, 2020 and ending at 11 :5 9 p.m . o n M a y 22, 20 2 0; a n d W H E R E A S , o n M a y 22, 2020, the City Commission adopted Resolution No. 2020-31280, authorizing the City Manager to extend the duration of the Declaration for an additional period of se v e n (7 ) da y s, co m m e nc ing on May 23, 2020, and ending on May 29, 2020; and WHEREAS, on May 22, 2020, pursuant to Resolution No. 2020-31280, the City Manager e x tended the Declaration of a State of Emergency for additional seven (7) days, commencing at 12:00 a.m. on May 23, 2020, and ending at 11:59 p.m. on May 29, 2020; and W H E R E A S , o n M a y 2 8 , 2 0 20, the Mayor and City Commission adopted Resolution No. 2020-31282, authorizing the City Manager to extend the Declaration of a State of Emergency for additional seven (7) days, commencing on May 30, 2020 and ending on Jun e 5, 2020; and W H E R EAS, on May 29, 2020, pursuant to Resolution No. 2020-31282, the City Manager e x te n d e d the D e c la ra tio n of a S ta te of E m e rg e n c y fo r ad d itional seven (7) days, commencing on M a y 30, 20 2 0 a n d e n d in g o n Ju n e 5 , 20 2 0 ; a n d W H E R E A S , o n M a y 2 9, 20 2 0, an d pu rsu a n t to th e C ity 's D eclaration of a State of E m e rg e nc y, the C ity M a n a g e r is s u e d th e C ity's P h a se 2 R e o p e n ing O rd e r, pe rm itt in g co m m e rcia l lo d g in g e stab lis h m e n ts, sw im m in g po o ls , an d be a ch e s to re o p e n e ff e ctiv e Jun e 1, 20 2 0 , sub j e ct to strict co m p lia n c e w ith so c ia l dista n c in g g u id e lin e s in E O 2 3 -2 0, an d the ad d itio n a l requirements se t fo rt h in th e C ity's O rde r; a n d W H E R E A S , o n Jun e 5 , 20 2 0, th e M a yo r a n d C ity C o m m is s io n ad o p te d R e so lu tio n N o . 20 2 0 -3 12 8 4, au th or izi ng th e C ity M a n a g e r to exte n d th e D e c la ra tio n of a S ta te of E m e rge n cy fo r ad d itio n a l se v e n (7 ) da y s, co m m e n c in g o n Jun e 6, 2 0 2 0 a n d en d in g on Jun e 12, 20 2 0; an d W H E R E A S , o n Ju n e 5, 20 2 0 , pur suant to Resolution No. 2020-31284, the City Manager e x te n d e d the D e c la ra tion of a State of Emergency for additional seven (7) days, commencing on Ju n e 6 , 2 0 2 0 a n d e n d in g o n Ju n e 12 , 20 2 0; a n d W H E R E A S , o n Jun e 12, 20 2 0, th e M a yo r a n d C ity C o m m iss io n ad o p te d R e solution No. 2 0 2 0 -3 12 8 7, au th or izi ng th e C ity M a n a g e r to exte n d th e D e cla ra tio n of a S ta te of E m e rg e n cy fo r an ad d itio n a l se ve n (7 ) da y s, co m m e n c in g a t 12 :0 0 a .m . o n Ju n e 13 , 2 0 2 0 an d e n d in g at 11 :5 9 p .m . o n Jun e 19, 20 2 0, an d fu rt he r a u th o riz in g th e C ity M a n a g e r to exte n d th e D e c la ra tio n of a S ta te of E m e rg e n c y fo r an ad d itio n a l pe rio d of five (5 ) da y s, co m m e n c in g at 12 :0 0 a .m . on Ju n e 2 0 , 20 2 0, an d e n d in g at 11 :5 9 p.m . o n Ju n e 24 , 20 2 0; a n d W H E R E A S , o n Jun e 12, 20 2 0, pu rsu a n t to R e so lu tio n N o . 2 0 2 0 -3 12 8 7, th e C ity M a n a g e r e x te n d e d the D e c la ra tio n o f a S ta te of E m e rg e n c y fo r a n ad d iti o n a l se ve n (7 ) da ys, co m m e n c in g o n Ju n e 13, 2 0 2 0 an d e n d in g o n Ju n e 19 , 20 2 0 ; a n d 8 Page 27 of 74 W HEREAS, on June 19, 2020, pursuant to Resolution No. 2020-31287, the City Manager extended the Declaration of a State of Emergency for an additional five (5) days, commencing on June 20, 2020, and ending on June 24, 2020; and WHEREAS, on Jun e 24, 2020, the Mayor and City Commission adopted Resolution No. 2020-31308, authorizing the City Manager to extend the Declaration of a State of Emergency for an additional seven (7) days, commencing at 12:00 a.m. on June 25, 2020 and ending at 11:59 p.m. on July 1, 2020, and further authorizing the City Manager to extend the Declaration of a State of Emergency for two (2) addition al 7-day increments, and one ( 1) additional 2-day incr em ent, commencing at 12:00 a.m. on July 2, 2020, and ending at 11:59 p.m. on July 17, 2020; an d WHEREAS, on June 24, 2020, and pursuant to Resolution No. 2020-31308, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on June 25, 2020, and ending on July 1, 2020; and WHEREAS, commencing on June 28, 2020, and in response to a rapid increase in the, rate of new cases of COVID-19, Miami-Dade County Mayor Carlos Gimenez issued a number of emergency orders, intended to close certain facilities, limit public gatherings, and curb the spread of COVID-19: • Amendment No. 4, dated June 28, 2020, to Emergency Order 23-20, prohibiting the sale of alcoholic beverages for on-site consumption betw een 12:01 a.m. and 6:00 a.m. each day, and ordering the closure of hookah lounges; • Emergency Order 25-20, dated June 28, 2020, closing all beaches in Miami- Dade County commencing Friday, July 3, 2020, and extending through Monday, July 6, 2020; and prohibiting parades; • Amendment No. 5, dated June 30, 2020, to Emergency Order 23-20, closing restaurants and other food service establishments for on-premises dining between 12:01 a.m. and 6:00 a.m. each day; • Amendment No. 1, dated June 30, 2020, to Emergency Order 25-20, impo sing restrictions on the operation of hotel pools; • Amendment No. 1, dated July 2, 2020, to Emergency Order 20-20, requiring all persons throughout Miami-Dade County to wear a mask or other facial covering when in public, subject to certain exceptions; • Emergency Order 26-20, closing all movie theaters, concert houses, auditoriums, playhouses, bowling alleys, arcades, indoor amusement facilities, and casinos; • Emergency Order 27-20, imposing a curfew throughut Miami-Dade County, effective from 10:00 p.m. each night through 6:00 a.m. the next morning; • Amendment No. 1, dated July 3, 2020, to Emergency Order 26-20, ordering the closure of outdoor amusement facilities, adult theaters, special cabarets, and unlicensed massage establishments; and • Amendment No. 2, dated July 7, 2020, to Emergency Order 26-20, closing banquet halls and balroom s; requiring masks or facial coverings to be worn inside gyms and fitness centers; limiting restaurants and cafeterias to outdoor service only for on-site consumption between the hours of 6:00 a.m. and 10:00 9 Page 28 of 74 p.m. each day, and requiring that outdoor on-premises service cease at 10:00 a.m.; and imposing occupancy restrictions on short-term vacation rentals, and prohibiting new rental agreements entered into except on a monthly basis; and WHEREAS, on July 1, 2020, and pursuant to Resolution No. 2020-31308, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on July 2, 2020, and ending on July 8, 2020; and WHEREAS, on July 8, 2020, and pursuant to Resolution No. 2020-31308, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on July 9, 2020, and ending on July 15, 2020, and WHEREAS, on July 15, 2020, the City Manager extended the Declaration of a State of Emergency for an additional two (2) days, commencing on July 16, 2020, and ending on July 17, 2020; and WHEREAS, as continued measures are required to address the COVID-19 pandemic, the City Manager hereby requests that the Mayor and City Commission authorize the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, for an additional 7- day increment, which would commence on July 18, 2020, and end on July 24, 2020; and WHEREAS, the City Manager hereby further requests that the Mayor and City Commission provide authorization to continue to extend the Declaration of a State of Emergency for one (1) additional 5-day increment, which would commence at 12:00 a.m. on July 25, 2020, and end at 11:59 p.m. on July 29, 2020; and WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the aforestated 7-day incremental extension and the additional 5-day incremental extension; provided, however, that at any duly-noticed regular or special City Commission meeting, the Mayor and City Commission may determine whether any further extensions of the City Manager's Declaration of a State of Emergency are necessary and warranted; and WHEREAS, should the currently scheduled meetings of the Mayor and City Commission be canceled or rescheduled to a subsequent date, the City Manager shall call a special emergency meeting of the City Commission, pursuant to Section 2.04 of the City Charter, for the express purpose of terminating or continuing to extend the Declaration of a State of Emergency. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. The City Manager is hereby authorized to extend the Declaration of a State of Emergency in the City of Miami Beach to address the COVID-19 pandemic; said extension for an additional period of seven (7) days, commencing at 12:00 a.m. on July 18, 2020, and ending at 11:59 p.m. on July 24, 2020. 2. The City Manager is further authorized to extend the Declaration of a State of Emergency in the City of Miami Beach for one (1) additional 5-day increment, which would commence at 12:00 a.m. on July 25, 2020, and end at 11:59 p.m. on July 29, 2020. 10 Page 29 of 74 3. The scope of any em ergency m easures ordered by the C ity M anager pursuant to the Decl aration of a State of E m ergency shall, consistent w ith all prior em ergency m easures im posed by the C ity M anager to da te, be lim ited to respond to im m ediate threats posed by the C O VI D-19 pand em ic . Furt her, no em ergency action taken by the C ity M anager shall be binding on the C ity C om m ission beyond the period of the C O VI D -19 State of Em ergency, or otherw ise lim it the ability of the C ity C om m ission to undo any action of the C ity M anager, w hethe r contractually or legislatively. 4. The City Commission may, at a duly-noticed City Commission meeting, determine whether the then-current extension of the Declaration of a State of Emergency should be rescinded, or whether any further extensions are warranted. Should the currently scheduled meetings of the Mayor and City Commission be canceled or rescheduled to a subsequent date, the City Manager shall call a special emergency meeting of the City Commission, pursuant to Section 2. 04 of the City Charter, for the express purpose of terminating or continuing to extend the Declaration of a State of Emergency. PASSED and ADOPTED this_'' day of ATTEST: 7uly_ ,zozo 2• Dan G elber, M ayor APPR O V ED AS TO FO R M AN D LA NG U A G E A N D FO R EX E C UT IO N 'y "i- y +f es Ci ty At torn ey [) Date 11 Page 30 of 74 R e s o lu ti o n s - R 7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: July 17, 2020 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN THE CITY OF MIAMI BEACH TO ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED THROUGH JULY 17, 2020, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING AT 12:00 A.M. ON JULY 18, 2020 AND ENDING AT 11:59 P.M. ON JULY 24, 2020; FURTHER AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR ONE (1) ADDITIONAL 5-DAY INCREMENT, WHICH WOULD COMMENCE AT 12:00 A.M. ON JULY 25, 2020, AND END AT 11:59 P.M. ON JULY 29, 2020; PROVIDED THAT THE SCOPE OF ANY EMERGENCY MEASURES ORDERED BY THE CITY MANAGER SHALL, CONSISTENT WITH ALL PRIOR EMERGENCY MEASURES IMPOSED BY THE CITY MANAGER TO DATE, BE LIMITED TO RESPOND TO IMMEDIATE THREATS POSED BY THE COVID-19 PANDEMIC; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE CITY MANAGER SHALL BE BINDING ON THE CITY COMMISSION BEYOND THE PERIOD OF THE COVID-19 STATE OF EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE CITY COMMISSION TO UNDO ANY ACTION OF THE CITY MANAGER, WHETHER CONTRACTUALLY OR LEGISLATIVELY; AND, FINALLY, PROVIDING THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. BACKGROUND/HISTORY The attached Resolution requests authorization, pursuant to City Code Section 26-35, to further extend the duration of the Declaration of a State of Emergency, dated March 12, 2020, in order to continue to address threats associated with the coronavirus disease 2019 ("COVID-19") pandemic. On March 12, 2020, the City Manager declared a State of Emergency for the City of Miami Beach, on the basis that the COVI D-19 pandemic poses a health risk to the City's residents, Page 17 of 74 particularly elderly residents and those who are immunosuppressed or otherwise have high risk of medical conditions (the "Declaration"). On March 13, 2020, the City Commission adopted Resolution No. 2020-31192, authorizing the City Manager to 'extend the duration of those discretionary emergency measures that the City Manager deemed necessary to address the COVID-19 pandemic beyond the 72-hour time period set forth in City Code Section 26-35, for a period of seven (7) days commencing March 12, 2020, and ending on March 19, 2020. On March 18, 2020, the City Commission adopted Resolution No. 2020-31219, which, in pertinent part, authorized the City Manager to extend the duration of the Declaration in additional 7-day increments, through April 23, 2020. On April 22, 2020, the City Commission adopted Resolution No. 2020-31245, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020. The Resolution further authorized the City Manager to extend the duration of the Declaration on April 30, 2020, for an additional 7- day increment, which would commence on May 1, 2020, and end on May 7, 2020. On May 1, 2020, the City Commission adopted Resolution No. 2020-31246, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 8, 2020, and ending on May 14, 2020. On May 13, 2020, the City Commission adopted Resolution No. 2020-31273, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020, and further authorizing the City Manager to extend the Declaration by one (1) additional day, commencing at 12:00 a.m. on May 22, 2020, and ending at 11:59 p.m. on May 22, 2020. On May 22, 2020, the City Commission adopted Resolution No. 2020-31280, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 23, 2020, and ending on May 29, 2020. On May 28, 2020, the City Commission adopted Resolution No. 2020-31282, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 30, 2020, and ending on June 5, 2020. On June 5, 2020, the Mayor and City Commission adopted Resolution No. 2020-31284, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing on June 6, 2020 and ending on June 12, 2020. On June 12, 2020, the Mayor and City Commission adopted Resolution No. 2020-32187, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on June 13, 2020, and ending at 11:59 p.m. on June 19, 2020, and further authorizing the City Manager to extend the Declaration for an additional period of five (5) days, commencing at 12:00 a.m. on June 20, 2020, and ending at 11:59 p.m. on June 24, 2020. Page 18 of 74 On June 24, 2020, the Mayor and City Commission adopted Resolution No. 2020-31308, authorizing the City M anager to ext end the Declaration for an additional seven (7) days, com m encing at 12:00 a.m . on June 25, 2020, and ending at 11:59 p.m . on July 1, 2020, and further authorizing the C ity M anager to extend the Declaration for two (2) additional 7-day increments, and one (1) additional 2-day increment, commencing at 12:00 a.m. on July 2, 2020, and ending at 11:59 p.m. on July 17, 2020. ANALYSIS The attached Resolution authorizes the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing at 12:00 a.m. on July 18, 2020, and ending at 11:59 p.m. on July 24, 2020. In addition, the Resolution authorizes the City Manager to extend the Declaration for one additional 5-day increment, commencing at 12:00 a.m. on July 25, 2020, and ending at 11:59 p.m. on July 29, 2020. The Resolution further provides that the scope of any emergency measures ordered by the City Manager pursuant to the Declaration shall, consistent with all prior emergency measures imposed by the City Manager to date, be limited to respond to immediate threats posed by the COVI D-19 pandemic. Further, no emergency action taken by the City Manager shall be binding on the City Commission beyond the period of the COVI D-19 State of Emergency, or otherwise limit the ability of the City Commission to undo any action of the City Manager, whether contractually or legislatively. Applicable Area Not Applicable Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Legislative Tracking Office of the City Attorney Does this item utilize G.O. Bond Funds? No ATTACHMENTS: Description D Resolution Page 19 of 74