( READ !!!!! THE EXECUTIVE ORDER BELOW)

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Posted: 10/05/2009

SACRAMENTO, Calif.—Gov. Arnold Schwarzenegger has signed an executive order allowing California agencies to bypass state contracting rules when responding to swine flu.

The Republican governor says agencies will need to cut through red tape to fight the spread of the 2009 H1N1 strain.

Schwarzenegger signed the order Monday. It allows state agencies to quickly hire medical staff, transport vaccines and acquire items such as hand sanitizer and paper masks.

Schwarzenegger says California received its first shipment of the vaccine from the federal government on Monday. The initial doses are targeted for children.

California public health officials say 2,510 people have been hospitalized and 188 people have died statewide this year after contracting swine flu.

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The full text of the EO is below:

EXECUTIVE ORDER S-22-09

WHEREAS on April 28, 2009, following a report from the World Health Organization that an outbreak of H1N1 Influenza in Mexico had caused multiple deaths and confirmation from the United States Center for Disease Control of cases of the disease in California, I proclaimed a State of Emergency to exist in the State of California; and

WHEREAS the Secretary of the United States Department of Health and Human Services declared a nationwide public health emergency as a consequence of confirmed cases of H1N1 Influenza in the United States; and

WHEREAS the World Health Organization has raised its pandemic alert for the H1N1 Influenza Virus to phase 6; and

WHEREAS the H1N1 Influenza virus has now spread throughout the world and cases have been reported in all California counties; and

WHEREAS public and private schools from the kindergarten through the university levels have resumed classes for the fall semester; and

WHEREAS the fall and winter seasons of colder weather during which influenza is more easily spread are approaching; and

WHEREAS the H1N1 Influenza strain disproportionately affects younger persons; and


WHEREAS vaccines have been developed to provide immunity against H1N1 infection; and

WHEREAS the federal government started distributing H1N1 vaccines at the beginning of October, 2009 to the California Department of Public Health for allocation to local distribution points; and

WHEREAS there will not be sufficient vaccine initially to vaccinate all Californians, and vaccine will first be allocated for administration to priority target populations to minimize the spread of H1N1 Influenza and to reduce the potential for morbidity and mortality from the virus; and


WHEREAS it is essential that the public, including healthcare practitioners, be informed about the H1N1 Influenza, the need to observe hygiene and other practices to prevent the spread of the virus, the vaccines, the vaccination program, and the importance of receiving a vaccination when vaccine becomes available for each target population; and

WHEREAS a large number of contracts will need to be executed in a very short time to carry out activities to respond to the H1N1 Influenza pandemic, including but not limited to the distribution of vaccine, as well as the tracking of vaccine administration and other activities related to the program to immunize all Californians; and

WHEREAS the State of Emergency proclaimed on April 28, 2009 continues to exist, and it is essential in order to mitigate the effects of that emergency to issue orders to facilitate emergency response.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, including the Emergency Services Act and in particular Government Code sections 8567 and 8571, do hereby issue the following orders to become effective immediately:

IT IS ORDERED THAT that all agencies and departments of state government utilize and employ state personnel, equipment, and facilities as necessary to assist the California Department of Public Health and the Emergency Medical Services Authority in immediately performing any and all activities designed to distribute vaccine, to administer and monitor vaccinations, and take such other actions as these agencies deem necessary to carry out an effective vaccination program, consistent with the State Emergency Plan as coordinated by the California Emergency Management Agency.

IT IS FURTHER ORDERED that the California Health and Human Services Agency and all departments and offices within that agency, as well as the California Emergency Management Agency, the Department of Veterans’ Affairs, the Highway Patrol, the Department of Forestry and Fire Protection, the Department of General Services, and the Department of Corrections and Rehabilitation enter into such contracts as they deem appropriate to provide services, material, personnel and equipment for the purpose of responding to the H1N1 Influenza pandemic; including, but not limited to, distributing vaccine, administering and monitoring vaccinations, and supplementing the extraordinary preventive measures implemented by local jurisdictions if needed.

IT IS FURTHER ORDERED that, pursuant to Government Code sections 8567 and 8571, the provisions of the Government Code, the Public Contract Code, the State Contracting Manual and Management Memo 03-10, and all policies applicable to state contracts for all agencies and departments of state government, including, but not limited to, advertising and competitive bidding requirements and approvals for non-competitively bid contracts, are hereby temporarily suspended with respect to contracts to provide services, material, personnel and equipment to distribute vaccine, to administer and monitor vaccinations, and take such other actions as the California Health and Human Services Agency and all departments and offices within that agency, as well as the California Emergency Management Agency, the Department of Veterans’ Affairs, the Highway Patrol, the Department of Forestry and Fire Protection, the Department of General Services, and the Department of Corrections and Rehabilitation deem necessary to carry out an effective vaccination program and such other measures as may be necessary to respond to the H1N1 Influenza pandemic, to the extent that such laws would prevent, hinder, or delay prompt mitigation of the effects of this emergency.

IT IS FURTHER ORDERED that, pursuant to Government Code section 8567 to ensure adequate availability of technical personnel, I am invoking Standby Order Number 1, which waives the period of time permissible for emergency appointments for the hiring of necessary emergency personnel.

This Order is not intended to create, and does not create, any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 5th day of October 2009.

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