Agenda 03/16/2020 Item #2B03/16/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 2.B
Item Summary: Recommendation to Consider Declaring a Local State of Emergency for Collier
County.
Meeting Date: 03/16/2020
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
Approved By:
Review:
County Manager's Office Level 4 County Manager Review Pending
Board of County Commissioners MaryJo Brock Meeting Pending 03/16/2020 2:00 PM
2.B
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PROCLAMATION/RESOLUTION NO. 2020-___
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, DECLARING A LOCAL STATE OF EMERGENCY
WHEREAS, the World Health Organization (“WHO”) raised its assessment of the
Coronavirus Disease 2019 ("COVID-19") threat from high to very high and declared a public
health emergency of international concern related to COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention has declared the potential
public health threat posed by COVID-19 as 'high', both in the United States and throughout
the world; and
WHEREAS, on March 1, 2020, Governor Ron Desantis issued Executive Order 20-
51, declaring that appropriate measures to control the spread of COVID -19 in the State of
Florida are necessary, and therefore directed that a Public Health Emergency be declared in
the State of Florida; and
WHEREAS, on March 12, 2020, Governor Ron Desantis issued Executive Order 20 -
52, declaring a state of emergency exists in the State of Florida and, in part: (1) designating
the Director of the Division of Emergency Management as the State Coordinating Officer for
the duration of this COVID-19 emergency and directing him to execute the State’s
Comprehensive Emergency Management Plan and other response, recovery, and mitigation
plans necessary to cope with the emergency, as well as exercising all powers delineated in
sections 252.36(5)-(10), Florida Statutes, as needed to meet this emergency, subject to the
limitations of section 252.33, Florida Statutes, and (2) designating the State Health Officer and
Surgeon General as a Deputy State Coordinating Officer and State Incident Commander; and,
(3) activating the Florida National Guard, as needed; and
WHEREAS, Executive Order 20-52, in part, also recognizes the special duties and
responsibilities resting upon State, regional, and local agencies, such as Collier County, and
authorizes each political subdivision within the State of Florida to waive the procedures and
formalities otherwise required of the political subdivision by law pertaining to: (1) the
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, caution is
directed to political subdivisions with respect to entering into time and materials contracts
without ceiling as defined in 2 CFR 200.318(j) 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; and
WHEREAS, under current circumstances, certain people will have an increased risk
of infection, for example healthcare, first responders, and emergency medical services workers
caring for patients with COVID-19 and other close contacts of persons with COVID-19; and
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WHEREAS, it is the duty of Collier County to take protective measures - including
development of incident action response plans, procurement of personal protective equipment,
pandemic preventative training and exercise coordination, and similar activities to support the
public health and safety of the community; and
WHEREAS, the Bureau of Emergency Services-Emergency Management Division
declares the initiation of the operational period for this event effective March 12, 2020 at 12:00
noon, EST; and
WHEREAS, the County Manager is authorized to make adjustments and
accommodations to its compensation and leave policies as needed in support of governmental
operations and its employees; and
WHEREAS, Section 252.38(3)(a)(5), Florida Statutes, provides authority for counties
to declare a Local State of Emergency; and
WHEREAS, Section 38-56 of the Code of Laws and Ordinances of Collier County,
Florida, grants the authority to declare a local state of emergency to the Chair of the Board of
County Commissioners; or the Vice-Chair of the Board of County Commissioners in the event
of the Chair’s absence; or in the event of the Chair and Vice-Chair’s absence, the next County
Commissioner in order of seniority, or if two or more were appointed on the same date, then
in alphabetical order among them; and in the absence of any Commissioner, the County
Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk’s
absence the Deputy County Manager, are designated and empowered to declare a local state
of emergency whenever the designated person, according to the above order of preference
shall determine that a natural or manmade disaster has occurred or that the occurrence or threat
of one is imminent and requires immediate and expeditious action; and
WHEREAS, Section 38-68 of the Code of Laws and Ordinances of Collier County,
Florida, grants the Chair, Vice-Chair, the County Commissioners, County Manager, Clerk of
Courts, and Deputy County Manager, in the order designated in the above Whereas clause, the
power and authority to invoke authorized emergency measures set forth in that section, including but
not limited to waiving the procedures and formalities otherwise required of the County by law
or ordinance pertaining to the performance of public work and taking whatever prudent action
is necessary to ensure health, safety, and welfare of the community, while under a Governor
declared State of Emergency or a Local State of Emergency.
NOW, THEREFORE, BY THE AUTHORITY VESTED IN ME, IT IS HEREBY
ORDERED THAT:
Section 1. Declaration of Local State of Emergency. The Coronavirus Disease
2019 ("COVID-19") poses a serious threat to the health of the residents and guests of Collier
County. A Local State of Emergency is declared effective immediately. The Local State of
Emergency will remain in effect within the legal boundaries of Collier County, Florida for
seven (7) days from the date hereof and may be extended by as necessary in seven (7) day
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increments.
Section 2. Waiver of Procedures and Formalities Otherwise Required. Due to
the Local State of Emergency, effective immediately, the procedures and formalities required
of the County by law or ordinance are hereby waived as they pertain to:
(a) Performance of public work and taking whatever prudent
action is necessary to ensure the health, safety and welfare of
the community;
(b) Entering into contracts;
(c) Incurring obligations;
(d) Employment of permanent and temporary workers;
(e) Utilization of volunteer workers;
(f) Rental of equipment;
(g) Acquisition and distribution, with or without compensation, of
supplies , materials and facilities; and
(h) Appropriation and expenditure of public funds.
Section 3. Alterations or Rescission. This declaration of a Local State of
Emergency may be altered or rescinded either by the issuance of a subsequent Proclamation
or an appropriate Resolution of the Board of County Commissioners.
ORDERED this ____ day of March, 2020.
COLLIER COUNTY CLERK OF
COURT, CRYSTAL K. KINZEL
Attest:
______________________________
,Deputy Clerk
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
______________________________
BURT L. SAUNDERS
Chair
Approved as to form and legality:
______________________________
County Attorney
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