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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-047 Temp. Reso. #13443 June 10, 2020 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020- °if 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY, FLORIDA RELATED TO COVID-19 EMERGENCY ORDER ENFORCEMENT AND AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 9, 2020, Governor Ron DeSantis signed Executive Order No. 20-52, thereby declaring a public health emergency in the State of Florida due to public health threat resulting from the spread of the Novel Coronavirus Disease 2019 ("COVID- 19"); and WHEREAS, on March 10, 2020, Broward County Administrator Bertha Henry declared a state of emergency in Broward County; and WHEREAS, on May 8, 2020, Governor Ron DeSantis issued Executive Order No. 20-114 extending the state of emergency declared in Executive Order 20-52 until July 7, 2020; and WHEREAS, on May 14, 2020, Governor DeSantis issued Executive Order 2020-122 permitting Broward County to participate in the Phase 1 reopening identified in Executive Order 20-112, Executive Order 20-120, and any future orders pertaining to Phase 1; and WHEREAS, on May 14, 2020, the Broward County Administrator executed Emergency Order 20-10 (the "County Phase 1 Order") providing for a Phase 1 re-opening for Broward County; and; WHEREAS, Broward County Order 20-10 has been supplemented and amended by subsequent orders, including Emergency Orders 20-11, 20-12, and 2013 (all of which are collectively referred to as "Emergency Order"); and, WHEREAS, Broward County has proposed the City and Broward County enter into an Interlocal Agreement to provide for the City's enforcement of the Emergency Order, a copy of which is attached hereto as Exhibit "A"; and, WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in [0.3,7765.1 2704-05016401 Temp. Reso. #13443 June 10, 2020 Page 2 of 3 the best interest of the citizens and residents of the City of Tamarac to approve and to authorize the appropriate City Officials to an execute an Interlocal Agreement Related to COVID-19 Emergency Order Enforcement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof, and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY approves the Interlocal Agreement Related to COVID-19 Emergency Order Enforcement with Broward County, attached hereto as Exhibit "A". SECTION 3: The proper City Officials are HEREBY authorized to execute the Interlocal Agreement Related to COVID-19 Emergency Order Enforcement with Broward County . SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any count of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally" [00377765.z 2704-050 6401 Temp. Reso. #13443 June 10, 2020 Page 3 of 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. 1� PASSED, ADOPTED AND APPROVED this day of c i-l'^''` 2020. / / /1"U: M CHELLE Jq()JfaEZ MAYOR ATTE JrNNIFER OHNSO , CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ ,:r____ DIST 1: V/M BOLTON DIST 2: COMM. GELIN 3: COMM. FISHMAN DIST 4: COMM. PLACKO _` I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION ASV FORM: __,tPcorii/A-ILA- cfrAdzo- ) SAMUEL S. GOREN CITY ATTORNEY [00377765.1 2704-050.640} Return recorded document to: Josie P. Sesodia, AICP, Director Planning and Development Management Division One North University Drive, Box 102 Plantation, FL 33324 Document prepared by: Maite Azcoitia, Deputy County Attorney Broward County Attorney's Office Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 INTERLOCAL AGREEMENT RELATED TO COVID-19 EMERGENCY ORDER ENFORCEMENT This Agreement is made and entered into by and between Broward County, a political subdivision of the State of Florida, hereinafter referred to as "County," and City/Town of Tamarac, a municipal corporation existing under the laws of the state of Florida, hereinafter referred to as "City/Town," collectively referred to as the "Parties." A. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969." B. Pursuant to Chapter 252, Florida Statutes, and Chapter 8 of the Broward County Code of Ordinances, Broward County Emergency Order No. 20-10 was issued on May 14, 2020, providing for a phased reopening of business activity beginning on Monday, May 18, 2020, with restrictions in accordance with a modified Phase 1 of Governor Ron DeSantis' Statewide reopening plan. C. Pursuant to Section 8-56 of the Broward County Code of Ordinances, County and City/Town are authorized to implement and enforce the provisions of Emergency Orders issued by County including, but not limited to, Emergency Order Nos. 20-10, 20-12, 20-13, and any subsequent Emergency Orders issued by County (collectively, "Emergency Order"). D. The Parties are desirous of providing for enforcement of the Emergency Order and Section 8-56 of the Broward County Code of Ordinances within municipal boundaries by City/Town and for County's reimbursement to City/Town for said enforcement functions in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the Parties agree as follows: ARTICLE 1 - SCOPE OF SERVICES 1 1.1. City/Town agrees to enforce the provisions of the Emergency Order and Section 8-56 of the Broward County Code of Ordinances within municipal boundaries. City/Town enforcement shall consist of City/Town responding to all complaints of alleged violations of the Emergency Order within municipal boundaries no later than twenty-four(24) hours after receipt of the complaint(s) and, no later than forty- eight (48) hours after receipt of the complaint(s), City/Town shall input the "Outcome" of the complaint(s) into Broward County's 311 system (QAlert). An "Outcome"shall consist of one (1) of the following for each complaint: (a) complaint not substantiated; (b) warning notice issued; or (c) citation issued. 1.2. If a complaint is not originated via the QAlert or mybroward systems (i.e., complainant calls, e-mails, or otherwise contacts City/Town directly), City/Town shall enter the complaint into the QAlert and shall respond and input the Outcome consistent with the timeframes of Section 1.1. 1.3. City/Town shall enforce the provisions of Section 8-56 of the Broward County Code of Ordinances, that provides for penalties of up to One Thousand Dollars ($1,000) per day, up to Fifteen Thousand Dollars ($15,000) per violation, pursuant to the code enforcement processes of City/Town. Fines assessed against any person(s) and liens recorded against any property for enforcement action taken by City/Town pursuant to this Agreement shall run in favor of City/Town. 1.4. The QAlert system provides that, if a warning notice or citation is issued, the complaint will be reflected on County's searchable web-based COVID-19 enforcement dashboard. If a complaint is not substantiated, the complaint will not appear on the enforcement dashboard. 1.5. No later than seven (7) calendar days after the Effective Date of this Agreement, City/Town shall provide County with the name, phone number, and e-mail address of a designated City/Town employee who will be granted access to the QAlert and shall be responsible for entering new complaints and inputting the Outcome of new and existing complaints into QAlert. 1.6. County shall provide employee designated by City/Town with training and web-based tutorials on QAlert operation. ARTICLE 2 — COMPENSATION 2.1. County shall provide a monthly payment to City/Town of Tamarac $15,500 totaling $108,500 for the seven-month term of this MOU. 2.2. The Parties agree that the amounts set forth in Section 2.1 are flat fee amounts and are inclusive of all costs incurred by City/Town in performing the enforcement functions herein including, but not limited to, the cost of hearings, mailings, publication, photos, posting of property, and other ancillary costs of enforcement. 2 In no event shall the monthly reimbursement amount or the total reimbursement to City/Town for the term of the Agreement exceed the amount set forth in Section 2.1. 2.3. City/Town shall invoice County monthly for enforcement action taken in the preceding month. Such invoice(s) shall include a list of all complaints received by City/Town the preceding month, whether through QAlert or directly by City/Town, and the Outcome for each complaint. 2.4. County shall reimburse City/Town no later than thirty (30) calendar days after the date of receipt of the invoice and proper documentation provided by City/Town pursuant to Section 2.3. If County reasonably determines that, during any month, based on the complaints City/Town is repeatedly failing to enforce any provision of the restrictions of the Emergency Order, City/Town shall not be eligible for reimbursement of any portion of the invoiced amount for that month and, if previously paid by County, City/Town shall be obligated to return such reimbursement in full. ARTICLE 3 -TERM OF AGREEMENT This Agreement shall commence on June 1, 2020, provided it is fully executed by the Parties and recorded in the public records of Broward County ("Effective Date") before June 30, 2020, and, unless written notice of termination by County or City/Town is provided pursuant to Article 6, Notices, shall continue in full force and effect until midnight, February 28, 2021. City/Town shall be entitled to reimbursement for enforcement services performed commencing on the Effective Date through and including December 31, 2020. ARTICLE 4— IMMUNITY; INDEMNIFICATION Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. City/Town and County are state agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for the acts and omissions of their agents or employees to the extent permitted by law. ARTICLE 5 - INSURANCE City/Town is an entity subject to Section 768.28, Florida Statutes, and City/Town shall furnish Countywith written verification of liabilityprotection or self-insurance, in accordance with State law, prior to execution of this Agreement. ARTICLE 6 -TERMINATION 3 This Agreement may be terminated by either party upon thirty (30) days notice to the other party of such termination pursuant to Article 7, Notices. ARTICLE 7 — NOTICES Whenever any party desires to give notice to another party, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgment of delivery, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, together with a contemporaneous copy via e-mail, to the addresses listed below and will be effective upon mailing or hand-delivery (provided the contemporaneous e-mail is also sent). The manner in which and persons to whom notice may be provided will remain the same unless and until changed by providing notice of such change in accordance with this article. The Parties respectively designate the following persons for receipt and issuance of notice: To County: Josie P. Sesodia, AICP, Director Planning and Development Management Division One North University Drive, Box 102 Plantation, FL 33324 E-mail address: JSesodia@Broward.org With copy to: County Administrator 115 South Andrews Avenue, Suite 409 Fort Lauderdale, FL 33301 E-mail address: To City/Town: Tea r� c> eel-4eci - /ti _r . a C `"— .�332/ E-mail address:717 ,e_k to J. GGrne c Lc. 7j,_/zcaz a e . ARTICLE 8 - MISCELLANEOUS PROVISIONS 4 8.1. Public Records. The Parties shall comply with all public records requirements of Chapter 119, Florida Statutes, as may be required by law. IF EITHER PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE BROWARD COUNTY CUSTODIAN OF PUBLIC RECORDS, ALBERT CUMMINGS, AT (954) 357-8695, ACUMMINGS@BROWARD.ORG, ONE NORTH UNIVERSITY DRIVE, Box 102, PLANTATION, FLORIDA 33324, OR CITY OF TAMARAC RECORDS CUSTODIAN JENNIFER JOHNSON, AT (954) 597-3505, JENNIFER.JOHNSON(a7TAMARAC.ORG, 7525 NW 88TH AVE. TAMARAC, FL 33321. 8.2. ASSIGNMENT: Neither party shall have the right to assign this Agreement. 8.3. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 8.4. SEVERABILITY: In the event any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 8.5. ENTIRE AGREEMENT: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8.6. INDEPENDENT CONTRACTOR: City/Town is an independent contractor under this Agreement. Services provided by City/Town pursuant to this Agreement shall be subject to the supervision of City/Town. In providing such services, neither City/Town nor its agents shall act as officers, employees, or agents of County. This Agreement shall not constitute or make the parties a partnership or joint venture. 8.7. MODIFICATION: It is further agreed that no modifications, amendments, or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.8. THIRD PARTY BENEFICIARIES: Neither County or City/Town intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 5 8.9. COMPLIANCE WITH LAWS: The Parties shall comply with all applicable federal, State, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 8.10. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the State courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the Parties agree that the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY/TOWN AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 8.11. PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.12. DRAFTING: This Agreement has been negotiated and drafted by the Parties and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 8.13. INTERPRETATION. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. 8.14. INCORPORATION BY REFERENCE. Any and all Recital clauses stated above are true and correct and are incorporated herein by reference. 8.15. REPRESENTATION OF AUTHORITIY. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full and legal authority. 6 8.16. RECORDING: This Agreement shall be recorded in the Public Records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. 8.17. NO CONTINGENT FEES. City/Town warrants that is has not employed or retained any company or person, other than bona fide employees working solely for County, to solicit or secure this Agreement, and that has not paid or agreed to pay any person, company, corporation, individual, or firm, other than bona fide employees working solely for City/Town, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. [Remainder of page intentionally left blank] IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement between County and City/Town related to COVID-19 Emergency 7 Order enforcement on the respective dates under each signature: Broward County, signing by_and tough its County Administrator, and City/Town, signing by and through its 111at� , duly authorizeddo execute same by Commission action on the gi i day of PApieh , 20 'd-U . County WITNESSES: Broward County, by and through ‘ -4 its Broward County Administrator Print Name: TAMARA BRANNON By l zt1/1----,... "� Bertha Henry Coun ministrator \, \\‘ '.1 —d-°----i----1 1 ' day of , 2096 Print Name: Approved as to form by ` wsnii$iri,i Andrew J. Meyers �0`‘ G O M M/ii,/,, Broward County Attorney 4s .. `."t �▪ -4. . . • . Governmental Center, Suite 423 ` 115 South Andrews Avenue 'p co CREATED •• % = Fort Lauderdale, Florida 33301 U :xi OCT 1st Q n•ye Telephone: (954) 357-7600 .� 1915 °• i •'•,'QQ QQ;• : Digitally signed by MARE \' MAITE AZCOITIA AzCORIA I �i CO(/N� �� By Date:2020.07.0811:2536-04'00' ',�'1,e, ••• •• • • ``���`��� Maite Azcoitia (Date) • "fild+lukti%•- Deputy County Attorney 8 INTERLOCAL AGREEMENT RELATED TO COVID-19 EMERGENCY ORDER ENFORCEMENT City/Town City/Town of /di7 ai'Gt G FL Attest: By �:�u��-�v• ayor Ci /Town C rk 2 day of . , 20 0 T A M,�� '!, - �. ••.'0 City/Town Mana ES-McL190ED v day of 31.417 20 1963 �'• SEAL :O; APPROVED AS TO FORM: ///1/1111,to-\\ / By )44 "' t/24/2z', City/Town At rney MA/ 05/26/2020 COVID-19-final-frm 9 BROWARD COUNTY ADMINISTRATOR'S EMERGENCY ORDER 20-10 WHEREAS, COVID-19, a respiratory illness caused by a virus that spreads rapidly from person to person and may result in serious illness or death, constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Broward County; WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20-52, declaring a State of Emergency as a result of COVID-19; WHEREAS, on March 10, 2020, I declared a Local State of Emergency; WHEREAS, on March 11, 2020, the World Health Organization declared the spread of COVID-19 to be a global pandemic; WHEREAS, on March 13, 2020, President Trump declared a national emergency concerning COVID-19; WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention ("CDC") and the Florida State Department of Health recommend implementation of community mitigation strategies to increase containment of the virus, including cancellation of large gatherings and social distancing of at least six (6) feet between persons in smaller gatherings; WHEREAS, on March 10, 2020, the Broward County Board of County Commissioners authorized me to take any appropriate and necessary action to protect the health and safety of Broward County residents and visitors in connection with COVID19, and other emergency powers, including under the state-approved emergency management plan, had previously been delegated to me (as further outlined below); 1 WHEREAS, on April 1, 2020, Governor DeSantis issued Executive Order 20-91, ordering all persons in Florida to limit their movements and personal interactions outside their homes to onlythose necessaryto obtainor provide essential services or conduct essential activities; WHEREAS, on April 9, 2020, I issued Broward County Emergency Order 20-06, as required by the Governor's Executive Order 20-89, restricting public access to businesses and facilities deemed nonessential pursuant to the guidelines established by Miami-Dade County Emergency Order 07-20, as modified by amendments prior to March 30, 2020 (collectively, the "Miami-Dade Emergency Order 07-20"); WHEREAS, Broward County took additional steps to minimize the spread of COVID-19 and avoid harm to the South Florida community, including closing parks, golf courses, and other recreational amenities in Broward County (Broward County Emergency Orders 20-04 and 20-05), and requiring facial coverings when obtaining essential services and during in-person interactions with the public by persons providing essential services (Broward County Emergency Order 20-07); WHEREAS, on April 28, 2020, as part of a coordinated effort with the local municipalities and the adjoining counties, I reopened certain parks, golf courses, and other recreational facilities in Broward County pursuant to the guidelines in Broward County Emergency Order 20-08, as amended by Broward County Emergency Order 20-09; WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order 20-112, establishing Phase 1 of a step-by-step plan for Florida's recovery, and adding (for counties other than Broward, Miami-Dade, and Palm Beach) certain additional services 2 to the activities previously permitted for individuals under Executive Order 20-91, including on-premises consumption of food and beverage at restaurants, operation of in- store retail, and opening of museums and libraries (if permitted by the local government), subject to a twenty-five percent (25%) capacity limitation and certain other conditions; WHEREAS, on May 9, 2020, Governor DeSantis issued Executive Order 20-120, authorizing (for counties other than Broward and Miami-Dade) licensed professionals, including barbers and cosmetologists, to provide personal services as part of Phase 1; WHEREAS, on May 14, 2020, Governor DeSantis issued Executive Order 20-122 permitting Broward County to participate in the Phase 1 reopening identified in Executive Order 20-112, Executive Order 20-120, and any future orders pertaining to Phase 1 or the phased reopening of Florida; WHEREAS, many aspects of COVID-19 remain unknown, but what is known is that the virus spreads easily and can be deadly; medical experts strongly advise that reopening of communities include full observance of the social distancing, facial covering, and sanitation requirements stated in the CDC Guidelines and reflected in Broward County Emergency Order 20-07, as amended, by both the operator of the establishment and by persons patronizing the establishment, in order to minimize the risk of a dramatic increase in infections that might overwhelm the available public health resources and require reclosure of public amenities, restaurants, and stores; and WHEREAS, in continued coordination with the local municipalities, the County Administrator desires to take certain measured steps to participate in the Phase 1 reopening of Broward County, including designating certain business activities as 3 permitted activities and reopening additional portions of recreational amenities, subject to the requirements stated herein, NOW, THEREFORE, I, Bertha Henry, the Broward County Administrator, pursuant to my emergency authority under Sections 8-53 and 8-56 of the Broward County Code of Ordinances, as well as the authority granted to me by the Declaration of Emergency issued by Governor DeSantis in Executive Order 20-52, by Chapter 252, Florida Statutes, by the Board of County Commissioners, and by the Broward County Comprehensive Emergency Management Plan, hereby order as follows: Section 1. Continuing Adherence to CDC Guidelines Regarding Social Distancing and Facial Coverings. All persons shall continue to adhere to the guidelines from the Centers for Disease Control and Prevention available at https://www.cdc.gov/coronavirus/2019-ncov/prevent- getting-sick/social-distancing.html (referred to as the "CDC Guidelines"), and the facial covering requirements stated in Broward County Emergency Order 20-07, as amended. Social distancing requirements do not apply to members of the same household. Facial coverings are in addition to, and not a substitute for, the required social distancing. In addition, pursuant to the Governor's Executive Order 20-112, groups of more than ten (10) people are not permitted to congregate in any public space that does not readily allow for the required social distancing. All owners, operators, and persons involved in the provision of essential services or other additional goods, services, or amenities permittedEmergency b Y this Emer enc Order shall ensure compliance with the CDC Guidelines and all additional requirements stated in this Emergency Order by all workers (to the extent they exercise any supervisory authority or 4 control over such workers) providing any goods, services, or amenities and by all persons receiving or availing themselves of such goods, services, or amenities. To the greatest extent practical, and notwithstanding the openings at physical business locations permitted under this Emergency Order, all businesses permitted to operate under this Emergency Order or any Executive Order of the Governor are encouraged to perform remote operations and permit personnel to utilize teleworking or other remote working methods. Section 2. Additional Services Permitted. All essential services permitted pursuant to the Governor's Executive Order 20-91, as amended, and Broward County Emergency Order 20-06, and the amenities permitted under Broward County Emergency Order 20-08, as amended, shall continue to be permitted but must also comply with Attachment 1. In addition, Sections 3 through 10 below constitute "Additional Services" permitted to be conducted, provided the Additional Services comply with the applicable requirements stated in this Emergency Order and in Attachment 1. Although the businesses and entities specified in this Emergency Order may open subject to the guidelines set forth herein, no business or entity is required to reopen if such business or entity does not wish to do so or believes it cannot do so safely and in compliance with the requirements of this Emergency Order; any decision by a particular business or entity to reopen or remain closed is also subject to any applicable internal rules or regulations of that business or entity. Section 3. Other Professional Businesses. To the extent designated as essential services pursuant to the Governor's Executive Order 20-91, professional services and other businesses located in multi- 5 business office buildings in Broward County may continue normal operations, subject to the following: (a) public access is only permitted to the extent the business is an essential service, as provided in the Governor's Executive Order 20-91; (b) such businesses are encouraged to provide teleworking for workers as stated in Section 1 of this Emergency Order; (c) all operations must comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended; and (d) all operations must comply with the guidelines of Attachment 1. Section 4. Restaurants and Food Establishments. As provided in Governor's Executive Orders 20-112, 20-122, and subsequent orders, restaurants and food establishments are permitted to open provided all such operations (a) are consistent with the guidelines stated in Attachment 2; (b) comply with the CDC Guidelines, including the six foot (6') distancing requirement, and Broward County Emergency Order 20-07, as amended; and (c) comply with the following capacity limitations: indoor seating areas must not exceed fifty percent (50%) of the maximum indoor seating capacity of the establishment (or the maximum capacity permitted by the applicable Executive Order of the Governor, if less); total indoor and outdoor seating (defined as areas with exclusively open-air customer seating) combined shall not exceed existing total maximum occupancy (100%) for the establishment. Outdoor seating areas shall be subject to any additional limitations imposed by the applicable municipality, and nothing in this Emergency Order precludes any municipality from waiving or modifying municipal regulations regarding outdoor seating restrictions. 6 Section 5. Retail Establishments. Retail establishments selling goods or other commodities (other than personal services) may operate to sell such goods or other commodities provided all such operations (a) are consistent with the guidelines stated in Attachment 3; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended; and (c) comply with the following capacity limitations: indoor retail establishments must limit occupancy to no more than fifty percent (50%) of the maximum capacity of the retail location (or the maximum capacity permitted by the applicable Executive Order of the Governor, if less). To the extent any such establishment is subject to any other capacity or operational limitation by any state or local government authority, the establishment must comply with the more stringent or restrictive limitation. Retail establishments that were permitted to operate as essential services or essential businesses under the Governor's Executive Order 20-91 are not subject to the fifty percent (50%) maximum occupancy limitation stated in this section. Section 6. Personal Services. Businesses and establishments providing personal services by licensed professionals, such as barbershops, cosmetologysalons, and cosmetology specialty salons, may operate provided all such operations (a) are consistent with the guidelines stated in Attachment 4; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended, to the full extent possible without preventing delivery or receipt of the applicable service; (c) are consistent with the Frequently Asked Questions issued by the Florida Department of Business & Professional Regulation located at http://www.myfloridalicense.com/DBPR/os/documents/2020.05.09%20DBPR 7 %20FAQs%20re%20Executive%200rder%2020-120.pdf; and (d) comply with the Information for Barbershops, Cosmetology Salons, and Cosmetology Specialty Shops located at http://www.myfloridalicense.com/DBPR/os/documents/2020.05.09%20DBPR %20-%20lnformation%20for%20Barbers-Cosmetology%20Reopeninq.pdf. Section 7. Movie Theaters. Existing licensed outdoor movie theaters (drive-in only) may operate provided all such operations (a) are consistent with the guidelines stated in Attachment 5; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended; and (c) comply with the following capacity limitation: occupancy must not exceed fifty percent (50%) maximum capacity. Indoor movie theaters shall remain closed until further notice. Section 8. Community Rooms, Fitness Centers, and Gyms in Housing Developments. Golf courses and other recreational amenities permitted to operate under Emergency Order 20-08 may continue to operate, subject to the CDC Guidelines and the requirements of Emergency Order 20-08. Community rooms, fitness centers, and gyms, to the extent such amenities are located within multi-family housing developments or community associations, but excluding standalone commercial facilities, may operate provided all such operations (a) are consistent with the guidelines stated in Attachment 6; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended; and (c) comply with the following capacity limitation: occupancy must not exceed fifty percent (50%) maximum capacity. 8 Section 9. Public Community Pools and Private Club Pools. Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08. All other pools and pool decks located within private clubs (such as YMCAs, yacht clubs, etc.), and including county or municipal pools, but excluding pools that are part of a commercial fitness facility, may operate provided all such operations (a) are consistent with the guidelines stated in Attachment 7; (b) comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended (except while swimming); and (c)comply with the following capacity limitation: occupancy must not exceed fifty percent (50%) maximum capacity. Section 10. Museums. Museums may open and operate at no more than twenty-five percent (25%) of their maximum building capacity (if an interior portion of the museum has a separate capacity restriction, then that interior portion is also subject to a limitation of not more than twenty-five percent (25%) of the maximum capacity of that interior portion), provided that (a)any components of museums that have interactive functions or exhibits, including child play areas, remain closed; (b) all operations are consistent with the guidelines stated in Attachment 8; and (c) the museums comply with the CDC Guidelines and Broward County Emergency Order 20-07, as amended. Section 11. Enforcement; Penalties. The Broward Sheriff's Office, other law enforcement agencies including municipal law enforcement agencies, code enforcement officers, and other personnel as provided 9 for in the Broward County Code of Ordinances, are authorized to enforce this Emergency Order against any person or entity violating any provision of this Emergency Order. Violations of this Emergency Order shall be prosecuted in the same manner as misdemeanors are prosecuted, including fines not to exceed $500 per violation, imprisonment not to exceed 60 days, or both. Section 12. Applicability; Severability. This Emergency Order supersedes any contrary provision in any prior Broward County Emergency Order. Except as superseded, all Broward County Emergency Orders remain in full force and effect. This Emergency Order applies to incorporated and unincorporated areas within Broward County, but has no application outside of Broward County. The provisions of this Emergency Order shall serve as minimum standards, and municipalities within Broward County may establish more stringent standards within their jurisdictions, to the extent permitted by law. Any provision(s)within this Emergency Order that conflict(s) with any state or federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently-issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Emergency Order, with the remainder of the Emergency Order remaining intact and in full force and effect. To the extent application of some or all of the provisions of this Emergency Order is prohibited on the sovereign land of a federally or state recognized sovereign Indian tribe, such application is expressly excluded from this Emergency Order. Occupancy limitations stated in this Emergency Order shall be based upon the total maximum occupancy established by the certificate of occupancy. 10 Section 13. Effective Date; Duration. This order shall be effective as of 12:01 a.m. on May 18, 2020. This Emergency Order shall expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Emergency Order. S .toptilittiaairof, �``°G . p 0fl M./,s � ea �A// �., _. .. . _ l / v '' /. . Qom';, BRO RD CO NTY, FLORID ?2 :' CREATE® . try= / ® :� oCT 1st : 73_ By: it A.. !� U :ate 1915 0: B ha Henry .YR kV•° County Administrator 1i •-• COUtit:••° e.. lb ovo RECEIVED AND FILED in' am° ds, Taxes and Treasury Division on this �1 day of May, 2020, at y =ao a.m./gym 11 ATTACHMENT 1 ADDITIONAL SERVICES A. General Business Requirements. 1. Establish and continue communication with local and State authorities to determine current mitigation measures in your community. 2. Whenever feasible, allow employees to telework or establish a rotation or staggered schedule to reduce the number of employees working on site. 3. Where telework is not possible, consider how your current workspace can be reconfigured by installing physical barriers or implementing other measures that allow for social distancing. 4. To the extent possible, implement flexible sick leave policies and reiterate existing sick time and paid time off policies to discourage employees from coming to work if they feel ill. 5. Develop a plan for monitoring your employees' health, with a particular focus on COVID-19 symptoms, with the goal of preventing ill employees from working. 6. Establish contingency plans for the handling of a positive case of COVID-19 in your workplace. OSHA's guidelines give specific steps on how to manage and isolate employees displaying COVID-19 symptoms (https://www.osha.gov/Publications/ OSHA3990.pdf). 7. Develop or update your employee contact system (e.g. phone tree, social media, texting) so you have a way to quickly reach all staff if there is a workplace COVID- 19 exposure. 8. Ensure that employees wear facial coverings in the workplace when within six feet of someone else and when required by Broward EO 20-07, as amended. Social distancing of six feet should be practiced to the maximum extent possible, even when facial coverings are worn. 9. Require customers, clients, and other visitors to the business to wear facial coverings in accordance with Broward County EO 20-07, as amended. 10. Limit the number of employees simultaneously using employee common areas. 11. Implement regular, more intensive cleaning, particularly in heavily trafficked areas such as bathrooms, kitchens, escalators, elevators, and other common areas. 12. Provide hand-sanitizing stations or supplies throughout the workplace. 12 13. Establishments that utilize shopping carts or baskets must establish and implement sanitation protocols to disinfect these items prior to each new customer use. 14. Enforce the CDC's health and safety guidelines when employees return to work. Provide employee training on safety measures, including proper use of personal protective equipment and social distancing. 15. Communicate clearly all plans and policies you develop regarding PPE, social distancing, and employee health monitoring to your staff, customers, vendors, partners, and other interested parties. Take the time to answer any questions and concerns. 16. Establishments must display signs setting forth the rules and the establishment's expectation that all persons shall comply with those rules. 17. Social distancing requirements do not apply to members of the same household. 13 ATTACHMENT 2 RESTAURANTS AND FOOD ESTABLISHMENTS All tables and chairs, whether indoor or outdoor, shall be at least six feet apart between parties (at their closest point); bar counters shall remain closed to seating. Patrons are prohibited from congregating at the bar counters or elsewhere. Parties shall be limited to no more than ten (10) persons. Drive-through, curbside take out, or delivery service may continue in accordance with CDC Guidelines and all applicable Broward County Emergency Orders. Social distancing requirements do not apply to members of the same household. A. Operations Requirements. 1. Establishments shall comply with the following capacity limitations: indoor seating areas must not exceed fifty percent (50%) of the maximum indoor seating capacity of the establishment (or the maximum capacity permitted by the applicable Executive Order of the Governor, if less); total indoor and outdoor seating (defined as areas with exclusively open-air customer seating) combined occupancy shall not exceed existing total maximum occupancy (100%) for the establishment. 2. Ensure adequate supplies to support healthy hygiene practices for both employees and customers, including soap, hand sanitizer with at least 60 percent alcohol, and tissues, and make hand sanitizer readily available to guests. Signs on how to stop the spread of COVID-19, including signs on properly washing hands, everyday protective measures, facial coverings, and social distancing should be conspicuously posted. 3. To the extent possible, restaurants and food establishments shall provide single use disposable one-time menus, utilize chalkboard menus, digital menus that are sanitized after each use, other digital menu options available on a personal device, or other means to avoid customers sharing such items. 4. Whenever possible, use disposable (and when possible, biodegradable) food service items (utensils, dishes, etc.) and single serving seasonings and condiments to avoid customers sharing such items. If disposable items are not feasible, ensure that all non-disposable food service items are handled with gloves and are washed in between each customer usage with dish soap and hot water or in a dishwasher. Establishments must use packets or pre-rolled bags or wraps of utensils and eliminate table presets. Avoid using food and beverage implements brought in by customers. 5. Use touchless payment options whenever available. Ask customers and employees to exchange cash or card payments by placing on a receipt tray or on the counter rather than hand to hand. Sanitize any pens, counters, or hard surfaces between each use. 14 6. Ensure that ventilation systems operate properly to provide adequate air circulation in all parts of the facility and increase circulation of outdoor air as much as possible by opening windows and doors, using fans, or other methods. 7. Provide physical guides, such as tape on floors or sidewalks, to ensure that customers remain at least six feet apart when in lines. Ask customers to wait in their cars or away from the establishment while waiting for a table or to pick up food. If possible, alert patrons on their cellphone that their table or food is ready to avoid use of restaurant provided "buzzers." Post signs to inform customers of food pickup protocols. 8. Use placards or other easily visible means to identify tables closed due to social distancing and to identify tables that have been sanitized and are ready for the next use. 9. Restrict the number of employees in shared spaces, including kitchens, break rooms, and offices to maintain at least a six-foot distance between people if possible; when a six-foot distance cannot be maintained, employees must wear facial coverings. Where possible, stagger workstations instead of having employees standing opposite one another. If there is a break room, limit the number of employees simultaneously allowed inside. 10. Wherever possible, install physical barriers, such as sneeze guards and partitions, at cash registers, check-in stations, food pickup areas, and other areas where consistently maintaining physical distance of six feet is difficult. 11. Ensure that all suppliers and third-party delivery staff are aware of social distancing requirements. 12. Child or adult gaming and play spaces located in dining establishments shall remain closed. 13. Consider options for a reservations-only model or to have dine-in customers order ahead of time to limit the amount of time spent in the establishment. 14. Buffets and salad bars are to remain closed. Self-service drink stations must provide single use tissues or wipes to use the equipment, and the stations must be washed and sanitized frequently. Remove cut fruit, unwrapped utensils, and unwrapped straws from drink stations. B. Sanitation and Safety Requirements. 1. Employers must enforce hand washing and use of facial coverings by employees in accordance with Broward County EO 20-07, as amended. This includes the requirement that all staff who have direct customer contact must wear facial coverings 15 when in direct contact with customers. All employees handling food must wear facial coverings consistent with Broward County EO 20-08. Food preparers are also required to wear gloves while handling food. 2. Clean and disinfect frequently touched surfaces (for example, door handles, workstations, cash registers), and frequently shared objects (for example, payment terminals, tables, countertops/bars, receipt trays, pens, condiment holders, and any re- used menus) between each use. Tables and other dining areas must be sanitized after each use. Host stations must be sanitized at least hourly. Use products that meet EPA's criteria for use against COVID-19 and that are appropriate for the surface. 3. Restrooms must be sanitized no less frequently than hourly. 4. Implement procedures to increase how often you clean and sanitize surfaces in the back-of-house (non-public areas of the establishment). Ensure that disinfectants used on food contact surfaces are appropriate and do not leave a toxic residue. 5. Train all employees in the above safety protocols, in addition to the importance of frequent handwashing, and give them clear instructions to avoid touching hands to face. 6. Conduct daily health checks (e.g., temperature and symptom screening) of employees in accordance with the Governor's EO 20-68 and in accordance with any applicable privacy laws and regulations. Remind employees to report any illness to their manager and have them verify that they have not had any COVID-19 symptoms each day prior to them coming to work. 7. Employees with symptoms of COVID-19 (fever, cough, or shortness of breath, among others) at work should immediately be sent home. Provide with or refer sick staff members to the CDC guidelines and advise them not to return until they have met the CDC's criteria to discontinue home isolation. Sick employees not exhibiting COVID-19 symptoms should also be immediately sent home and not be allowed to return until they are symptom-free. 8. Notify local health officials, staff, and customers (if possible) immediately of any confirmed case of COVID-19 while maintaining confidentiality as required by HIPAA, the Americans with Disabilities Act (ADA), or other applicable laws. 9. Deep clean the establishment at least once every twenty-four hours. 16 ATTACHMENT 3 RETAIL ESTABLISHMENTS A. Capacity Requirements. 1. Limit the number of customers inside a store at a given time, excluding employees and representatives of third-party delivery companies, to a maximum of 50°/0 of the store's maximum occupancy (or the maximum capacity permitted by the applicable Executive Order of the Governor, if less). Social distancing requirements do not apply to members of the same household. 2. Food courts, restaurants, and other food establishments in shopping malls shall reconfigure to limit seating to at least 6 feet between separate groups (at the closest point) to allow for proper social distancing. Food courts, restaurants, and other food establishments in shopping malls must also comply with the requirements in Attachment 2. B. Operations Requirements. 1. Consider dedicated shopping hours or appointment times for the elderly, medically vulnerable, and health care workers. 2. Social distancing reminders to customers are required, including but not limited to social distancing "reminder" signs, personal stickers, floor decals, and audio or audible announcements. Signs shall be conspicuously posted. 3. Establish one-way aisles and traffic patterns for social distancing. 4. Encourage curbside, online, or call-in pickup and delivery service options to minimize contact and maintain social distancing. C. Sanitation and Safety Requirements. 1. Prohibit or limit the use of changing rooms while ensuring proper sanitation and compliance with social distancing protocols. 2. Establish procedures for safe exchange and returns of goods and materials. 3. Do not allow self-serve products (e.g., "testers"); consider limiting customer contact with retail products before purchase. 4. When possible and appropriate, use plastic shields or barriers between customers and clerks at service counters and clean them (the shields and service counters) frequently. 5. Prohibit the use of reusable bags (reusable bags may carry COVID-19). 17 ATTACHMENT 4 PERSONAL SERVICES A. Capacity Requirements. 1. Services shall be provided by appointment only. 2. Services shall be scheduled with at least 15 minutes between appointments to allow time for proper disinfecting of the area. 3. Customers waiting for appointment should be encouraged to wait outside and practice social distancing. Social distancing requirements do not apply to members of the same household. B. Sanitation and Safety Requirements. 1. If there are partitions or walls that are solid (such as plexiglass, metal, or other solid non-fabric material) between each chair/workstation, then each chair/workstation can be used at any given time. Partitions must be thoroughly sanitized between each customer. 2. If there are no partitions or walls between each chair/workstation, the business must only use every other chair/workstation, or otherwise arrange seating, such that there is at least 6 feet separation between chairs/workstations to achieve social distancing. 3. Personal service employees must wear facial coverings. Customers or clients must wear facial coverings to the full extent practicable for the service required. 4. Personal service employees must wash their hands immediately before performing a service and must wash their hands before performing a service for the next customer or client. 5. Businesses must remove all books, magazines, and any shared material for customers. 6. Ensure thorough workstation and equipment disinfection after each customer(i.e. sanitize all equipment, instruments, capes, smocks, linens, chairs and work area); alternatively, utilize single-use or disposable items. 7. Implement enhanced sanitation of commonly touched surfaces and equipment as frequently as necessary using CDC recommended sanitizers and disinfecting protocols. 18 8. Discard any single-use or disposable tools (e.g., files, buffers, neck strips) immediately after use on a single customer. 9. Encourage touchless payment methods where possible. 10. Hand sanitizers must be placed at the entrance, and customers must be informed that they must sanitize their hands upon entering. 11. Do not allow self-serve products (e.g., "testers"); consider limiting customer contact with retail products before purchase. 12. Daily deep cleaning and sanitation to be completed frequently for high-touch areas. Areas such as salon chairs, manicure UV machines, nail drying stations, etc. are to be cleaned after each client use. 13. Use appropriate temperatures for washers and dryers to ensure thorough sanitation of towels, linens, capes, smocks, etc. 19 ATTACHMENT 5 MOVIE THEATERS Only existing licensed outdoor drive-in movie theaters may operate. Indoor movie theaters shall remain closed. A. Capacity Requirements. 1. Automobiles shall be spaced at least 6 feet apart, with appropriate signage posted notifying patrons of the spacing requirement. 2. Restrooms must not exceed 50% capacity and shall be staffed by dedicated sanitation personnel at all times when open. 3. Persons shall remain in their vehicles except for the sole purpose of utilizing the restroom facility. B. Sanitation and Safety Requirements. 1. Food service areas will be closed, and food and beverage sales are prohibited. 2. Touch free payment options for entry are encouraged. 3. All staff shall use PPEs including, but not limited to, gloves and masks at all times. 4. Additional hand sanitizing stations shall be provided. 20 ATTACHMENT 6 COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity. A. Capacity Requirements. 1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household. 2. Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed. 3. Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times. 4. No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household. B. Sanitation and Safety Requirements. 1. Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily. 2. Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use. 3. Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment. C. Gym and Fitness Center Amenities. 1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed. 21 ATTACHMENT 7 PUBLIC COMMUNITY POOLS AND PRIVATE CLUB POOLS No pool is required to be opened if the owner or operator does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular entity is also subject to any applicable internal rules or regulations of that entity. A. Capacity Requirements. 1. All seating and tables around any pool shall be set up with social distancing of at least 6 feet between groups at their closest point. Social distancing requirements do not apply to members of the same household. 2. Pool and pool deck occupancy is limited to no greater than 50% maximum occupancy. 3. No groups larger than 10 people. 4. The use of the pool and pool deck are to be supervised by a sufficient number of employees or other person(s) designated by the operator of the facility to ensure compliance with the requirements of this attachment, and either (i) employees or other designees of the establishment shall sanitize the facility's chairs, railings, gates, tables, showers, and other equipment, or (ii) all furnishings must be removed from the pool deck. 5. Private club pools are limited to use by their members only. No guests shall be allowed. B. Sanitation and Safety Requirements. 1. Employees or other designees of the operator of the facility shall supervise the pool during operating hours to ensure compliance with this attachment and shall also ensure the facility's pool chairs, railings, gates, tables, showers, and other pool and pool deck equipment are sanitized on a regular basis and, at a minimum, between users. 2. The pools and operation thereof shall meet the standards set by the CDC https://www.cdc.gov/healthywater/swimming/index.html and Florida Administrative Code § 64E-9.004 for disinfectant protocol. 3. Employees working in pool houses, locker rooms, or in similar areas in close proximity to pools or pool decks shall wear facial coverings during in-person interactions with the public in accordance with Broward County Emergency Order 20-07, as amended. 22 C. Pool Amenities. 1. Hot tubs, saunas, steam rooms, and indoor showers shall remain closed. Indoor showers can remain open if they are the only shower available to rinse before entering the pool. 23 ATTACHMENT 8 MUSEUMS A. Capacity Requirements. 1. Operate at a capacity of no more than twenty-five percent (25%) occupancy (if an interior portion of the museum has a separate capacity restriction, then that interior portion is also subject to a limitation of not more than twenty-five percent (25%) of the maximum capacity of that interior portion). Social distancing requirements do not apply to members of the same household. 2. Determine what exhibitions and events to have or postpone based on space and group capacity management and scale in phases. 3. On-site food establishments must operate in accordance with Attachment 2. 4. Gift shops and other on-site retail capacity shall be limited to 50% maximum occupancy (or the maximum capacity permitted by the applicable Executive Order of the Governor, if less) and operate in accordance with Attachment 3. B. Sanitation and Safety Requirements. 1. Encourage advance mobile ticketing and use touchless payment options, where available, throughout the museum. 2. Offer special hours for visitors with potential health vulnerabilities, members, corporate members, and donors. 3. Reduce staff/visitor contact points and consider clear protective dividers for front-line workstations. 4. Eliminate moveable elements and other hands-on activities that may transmit germs (e.g., manipulatives and props, sensory materials, refer to the American Alliance of Museums guidelines https://www.aam-us.org/wp- content/uploads/2020/04/Considerations-for-Museum-Reopenings-5.4.2020.pdf). 5. Prohibit use of interactive functions or exhibits including child play areas. 6. Redesign and restrict exhibition floorplans to comply with social distancing. 7. Use floor decals to help visitors differentiate spaces and signage to regulate capacity per area. 8. Facility rentals are prohibited at this time. 24