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Office of The Governor Hagåtña, Guam 96910 U.S.A. Executive Order No. 2019-01, Relative to Declaring A State Of Emergency

OFFICE OF THE GOVERNOR
HAGÅTÑA, GUAM 96910
U.S.A.

EXECUTIVE ORDER NO. 2019-01
RELATIVE TO DECLARING A STATE OF EMERGENCY IN ORDER TO ANTICIPATE AND ALLEVIATE IMPACTS TO GUAM ARISING FROM THE APPROACH OF TYPHOON YUTU

WHEREAS, on October 24, 2018, the Joint Information Center issued a press release advising that the National Weather Service, Guam Weather Forecast Office (NWS), that the projected path of Typhoon Yutu has shifted from its previous northward track and is now projected to bear south, closer to Guam; and

WHEREAS, the NWS predicts that the typhoon is expected to impact Guam with both damaging winds and destructive winds. Landfall of damaging winds of 39 mph or more is expected to be made on the afternoon of October 24, with destructive winds of 58 mph or more expected in the morning of October 25;

WHEREAS, Typhoon Yutu is a Category 3 Typhoon, which is referred to as a “Strong Typhoon.” A Category 3 Typhoon has maximum sustained winds of 111 to 129 mph and peak gusts of 140 to 164 mph. Typhoon Yutu continues to gain strength and may become a Category 4 Typhoon, which is a “Very Strong Typhoon” with maximum sustained winds of 130 to 156 and peak gusts of 165 to 198 mph;

WHEREAS, based upon current forecasts and modeling, the growing strength and westward track of the developing typhoon represent an imminent, credible, and significant threat to the health, safety and welfare of Guam; and

WHEREAS, in anticipation of the typhoon’s closest approach, the GHS/OCD and other territorial agencies must take precautionary and proactive steps over the next several days in order to secure the safety of the island and to reduce the potential destruction of property and loss of life; and

WHEREAS, an emergency situation exists such that in order to safeguard the community, the critical infrastructure, and the general welfare of the island against the impending dangerous onset of destructive winds and rains forecast to strike Guam within the next several days, it is critical that timely precautions be taken and that resources be immediately identified, mobilized and prepositioned upfront as contemplated in the GHS/OCD-FEMA 2018 GUAM CATASTROPHIC TYPHOON PLAN and in the 2016 GUAM COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.

NOW, THEREFORE, I, EDDIE BAZA CALVO, Governor of Guam, by the authority vested in me by the Organic Act and laws of Guam, do hereby order and direct as follows:

1. Declaration of State of Emergency. A state of emergency is hereby declared for the island of Guam as a result of Typhoon Yutu.

2. Emergency Procurement and Emergency Expenses. Pursuant to Section 5215 of Title 5, Guam Code Annotated, authorizing emergency procurement upon executive order, and § 22402 of Title 5, Guam Code Annotated, this Executive Order shall authorize

overtime and emergency procurement for heavy equipment rental, debris removal, nursing and other medical or support services for the Department of Public Health and Social Services (including the North Region, Southern Region, and Mangilao Community Health Centers), GDOE typhoon shelter operations, lodging for displaced residents, and the purchase of supplies, materials, goods, services or other expenditures, up to a combined total maximum of Two Hundred Fifty Thousand Dollars ($250,000.00).

3. Authorization for Overtime. Authorization is given for the payment of overtime, both for exempt and non-exempt Government of Guam and National Guard employees, to work in excess of forty (40) hours a week in order to mitigate and respond to the effects of Typhoon Yutu throughout Guam. The GHS/OCD Administrator is authorized to determine the eligibility of overtime expenditures resulting from work performed by the government agencies, and the approval shall be obtained prior to incurring any overtime or other expenses. The failure to obtain such prior approval shall be grounds for denying reimbursement.

4. GHS/OCD to be Lead Agency; Purpose of Emergency Procurement. GHS/OCD shall be the lead agency for the emergency procurement of any goods and services relative to this Executive Order, the effective period of which shall be for thirty (30) days as provided in § 5215 of Title 5, Guam Code Annotated. This emergency procurement is not being used solely for the purpose of avoidance of the provisions of the Guam Procurement Law, Title Guam Code Annotated Chapter 5.

5. Documentation of Expenses. All departments and agencies are instructed to keep appropriate documentation on all emergency expenses authorized by this Executive Order for inspection by the Executive and Legislative Branches and by the Public Auditor of Guam, and in anticipation of federal disaster assistance approval by the President of the United States to be administered by FEMA.

SIGNED AND PROMULGATED at Hagåtña, Guam, this 24th day of October, 2018.

___________________________________

EDDIE BAZA CALVO

I Maga’Låhen Guåhan

Governor of Guam

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