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OREGON MILITARY DEPARTMENT,
OFFICE OF EMERGENCY MANAGEMENT

 

DIVISION 50

OREGON SEISMIC REHABILITATIONGRANTS PROGRAM

104-050-0000

Purpose

(1) The Director of the Office of Emergency Management (OEM), pursuant to Oregon Revised Statutes (ORS) 401.300, shall develop and administer grant programs for the seismic rehabilitation of critical public buildings.

(2) The funds for the seismic rehabilitation of critical public buildings under the grant program are provided from the issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N of the Oregon Constitution.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0010

Definitions

(1) “OEM”: Office of Emergency Management, Oregon Military Department.

(2) “Acute inpatient care facility”: Means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for, but not limited to acutely ill patients and accident victims. “Acute inpatient care facility” includes the Oregon Health and Science University.

(3) “Applicant”: A school district, community college, education service district, higher education institution, police, sheriff, fire, hospital which is applying for a grant from the Seismic Rehabilitation program.

(4) “Collapse Prevention”: Means a building at this performance level is capable of maintaining gravity loads though structural damage is severe and risk of falling hazard is high as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(5) “Critical Public Buildings”: Includes hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district, or municipal law enforcement agencies and buildings with a capacity of 250 or more persons that are routinely used for student activities by kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education.

(6) “Director”: The Director of the Office of Emergency Management.

(7) “Distressed or Impoverished”: All Oregon cities and counties designated by Oregon Business Development Department as distressed or impoverished by established methodology.

(8) “Division”: Office of Emergency Management.

(9) “Education Service District (ESD)”: Means a district created under ORS 334.010 that provides regional educational services to component school districts.

(10) “Grant Program”: The Seismic Rehabilitation Grant Program.

(11) “Grant Selection Committee”: The committee that is charged with evaluating grant applications for the purpose of determining which projects receive funding. The grant selection committee membership shall include representatives of Oregon Department of Education, The Department of Human Services, The State Department of Geology and Mineral Industries, Oregon Seismic Safety Policy Advisory Commission, The Oregon Department of Administrative Services, The Oregon Fire Chiefs’ Association, The Oregon Association of Chiefs of Police, Community Colleges and Workforce Development, Oregon University System, The Oregon Association of Hospitals and Health Systems, and others who possess expertise in construction, construction grants and structural design as determined by the Director.

(12) “Grantee”: Means applicant awarded grant funds for seismic rehabilitation project.

(13) “Holistic Project”: Means a project emphasizing the whole building instead of the separation of its parts.

(14) “Immediate Occupancy”: Means a building at this performance level is expected of being sufficiently functional for occupancy as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(15) “Life Safety”: Means a building at this performance level is expected to present low risk of life threatening injury to building inhabitants as set forth in the American Society of Civil Engineers Standard for Seismic Evaluation of Existing Buildings newest edition.

(16) “Match”: is any contribution to a project that is non-seismic grant funds. Match may include:

(a) Cash on hand or cash that is pledged to be on hand prior to commencement of the project; and,

(b) Secured funding commitments from other sources.

(17) “Project”: Seismic rehabilitation activity (or activities) to a building that is eligible for assistance from the Seismic Rehabilitation Grant Program.

(18) “Seismic Rehabilitation”: Means construction of structural improvements to a building that results in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

(19) “Small Impoverished Community”: As defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5133, means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. Small and impoverished community must meet all of the following criteria:

(a) Must be a community of 3,000 or fewer individuals that is identified by the State as a rural community, and is not a remote area within the corporate boundaries of a larger city;

(b) Must be economically disadvantaged, with residents having an average per capita annual income not exceeding 80% of the national per capita income, based on best available data. (The Department of Commerce Bureau of Economic Analysis (BEA) website states that the per capita personal income for the United States in 2006 was $31,794.) More up-to-date information may be used. Please see the BEA website at: http://www.bea.gov;

(c) Must have a local unemployment rate that exceeds by one-percentage point or more the most recently reported, average yearly national unemployment rate. (According to the US Bureau of Labor Statistics (USBL), the current average unemployment rate for 2006 is 4.6%.) For up-to-date information, please see the USBL website located at: http://stats.bls.gov/; and

(d) Must meet any other factors as determined by the State in which the community is located.

(20) “Structural”: Means components of a building that support or resist loads. Parts of a building that bear weight.

(21) “Tsunami Inundation Zone”: Means for purposes of the SRGP, the area depicted as the tsunami inundation zone in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-09 through O-95-38, O-95-43 through O-95-66 and O-97-31 through O-97-32.

(22) “Useful Life”: Means the length of time that the building or structure is expected to be used, or 30 years, whichever is greater.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0020

Eligible Applicants

The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Department because of nonperformance under a prior Seismic Rehabilitation Grant contract:

(1) All hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district or municipal law enforcement agencies.

(2) Kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education buildings with a capacity of 250 or more persons that are routinely used for student activities and are owned by the State Board of Higher Education, a school district, an education service district, a community college district or a community college service district.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0030

Program Information

(1) OEM shall prepare a Grant Application Package. The application package may contain a guidance document, application forms, and other supplementary information that may help eligible applicants prepare grant applications.

(2) The guidance document will include a description of eligibility criteria, and ranking factors used to evaluate and select applications for funding.

(3) The Grant Application Package on file with OEM is incorporated as part of these rules by reference.

(4) OEM will provide to Seismic Rehabilitation grantee a Grant Contract which specifies legal requirements for grant management, reporting, and record keeping, and OEM's monitoring and grant closeout procedures.

(5) OEM shall administer Seismic Rehabilitation Grants in compliance with the requirements of applicable statutes, rules, and the Grant Guidance Document.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0040

Program Sanctions

The grantee shall be responsible for taking all actions necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0050

Project Eligible Activities

Projects must meet the following criteria to be eligible for this program:

(1) Education buildings rehabilitated to life safety seismic safety performance level as defined in OAR 104-050-0010.

(2) Emergency services buildings rehabilitated to immediate occupancy seismic safety performance level as defined in OAR 104-050-0010.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0055

Project Ineligible Activities

Project ineligible activities include, but are not limited to:

(1) The demolition and rebuild of an existing critical public building.

(2) Rehabilitation to a building located in the Tsunami Inundation Zone as defined in OAR 104-050-0010.

(3) Rehabilitation of a building located in the flood zone, with no previous mitigation activities completed.

(4) Partial rehabilitation of a building that does not holistically address all known seismic deficiencies, as defined in OAR 104-050-0010.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0060

Application Submittal, Review and Approval

(1) OEM shall announce deadlines for submitting applications, how to obtain an application form, and required supplemental documents.

(2) An eligible critical public building may submit an application after consulting with OEM on a preliminary determination of eligibility and otherwise follow OEM’s procedures for submitting applications. The application must be in the form provided by OEM and must contain or be accompanied by such information as OEM may require. OEM will process only completed applications.

(3) Upon receipt of signed application, OEM will notify the applicant within 30 days as to the receipt of the application.

(4) Upon receipt of a completed application, OEM will provide the Grant Selection Committee with copies of the application materials to evaluate the application using ranking factors and point values to determine the project’s prioritization ranking during a public meeting.

(5) Once a completed application is evaluated for a grant award, the Grant Selection Committee will, within 90 days, notify applicants of the status of their grant application.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0070

Project Administration

(1) OEM and the applicant must execute a grant contract prior to disbursal of grant funds.

(2) Documentation of project costs incurred by entity must be submitted to OEM prior to disbursal of funds.

(3) Disbursal of grant funds to entity will be made on the schedule determined by OEM.

(4) Prior to final disbursement, OEM will review and evaluate all documents produced as a result of the project, perform a final on-site inspection of the completed project and determine how closely the project delivered the outcome anticipated in the application.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0080

Grant Awards and Match

(1) Grants will be awarded only when there are sufficient funds available in the Seismic Rehabilitation Grants program.

(2) Grant funds shall be distributed proportionately between public education facilities and emergency services facilities as allocated by the Legislative Assembly.

(3) The maximum grant award is $1.5 million.

(4) There is no required match for this program. Additional application points may be considered for applicants that provide matching funds.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0090

Grant Agreement Conditions

(1) OEM will only enter into new agreements or amendments to existing agreements, with prior Grantees, if all reporting obligations under earlier agreements have been met.

(2) If the grant agreement has not been fully executed by all the parties within 60 days of grantee receiving contract document, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the grant committee.

(3) The Director or designee shall establish grant agreement conditions. Grantees shall comply with all grant agreement conditions.

(4) The Grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be done under the agreement.

(5) Upon notice to the Grantee in writing, the Director may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the grant committee.

(6) The Grantee will account for funds distributed by the grant committee, using project expense forms provided by OEM.

(7) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies and provide a copy to OEM.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

104-050-0100

Waivers, Exceptions and Appeals

(1) The Director may provide authority to the grant committee to waive non-statutory requirements of the grant program based on special circumstances, such as:

(a) Proximity to fault hazards;

(b) The community value of the structure;

(c) Emergency functions provided by the structure; and,

(d) Storage of hazardous materials.

(2) The Director may consider appeals of the grant committee’s funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final.

(3) The Director may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals or objectives of the program.

Stat. Auth.: ORS 401.300
Stats. Implemented: ORS 401.300
Hist.: OEM 1-2009, f. & cert. ef. 4-22-09; OEM 3-2010, f. & cert. ef. 11-1-10

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