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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 51

OREGON SEISMIC REHABILITATION GRANTS PROGRAM

123-051-0100

Purpose

(1) The Infrastructure Finance Authority, pursuant to Oregon Revised Statutes ORS 401.910, 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 285A.093, 285A.098, 286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.098, 286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0200

Definitions

(1) “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.

(2) “Applicant” means 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.

(3) “Authority” means the Infrastructure Finance Authority within the Oregon Business Development Department.

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

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

(8) “Grant Program” means The Seismic Rehabilitation Grant Program (SRGP).

(9) “Grant Selection Committee” means 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 Office of Emergency Management/Oregon Military Department, 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, The Confederation of Oregon School Administrators and others who possess expertise in construction, construction grants and structural design as determined by the Authority.

(10) “Grantee” means applicant awarded grant funds for seismic rehabilitation project.

(11) “Holistic Project” means a project emphasizing the whole building instead of the separation of its parts.

(12) “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.

(13) “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.

(14) “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.

(15) “Project” means seismic rehabilitation activity (or activities) to be performed on a building that is eligible for assistance from the Seismic Rehabilitation Grant Program.

(16) “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 is based on standards adopted by the State of Oregon or by local governments.

(17) “Structural” means components of a building that support or resist loads. Parts of a building that bear weight.

(18) “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.

(19) “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 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0300

Eligible Applicants

The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Authority 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 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0400

Program Information

(1) The Authority 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 the Authority is incorporated as part of these rules by reference.

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

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

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0500

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 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0600

Project Eligible Activities

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

(1) Education building rehabilitation to life safety seismic safety performance level as defined in OAR 123-051-0200(14); or

(2) Emergency services building rehabilitation to immediate occupancy seismic safety performance level as defined in OAR 123-051-0200(13).

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0700

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 123-051-0200(19).

(3) Rehabilitation of a building located in the 100 flood zone.

(4) Partial rehabilitation of a building that does not holistically address all known seismic deficiencies, as defined in OAR 123-051-0200(12).

(5) Reimbursement for already budgeted staff and routine or ongoing expenses of the recipient.

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0800

Application Submittal, Review and Approval

(1) The Authority 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 the Authority on a preliminary determination of eligibility and otherwise follow the Authority’s procedures for submitting applications. The application must be in the form provided by the Authority and must contain or be accompanied by such information as the Authority may require. The Authority will process only completed applications.

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

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

(5) Once a completed application is evaluated for a grant award, the applicant will be notified within 90 days of the status of their grant application.

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-0900

Project Administration

(1) The Authority 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 the Authority prior to disbursal of funds.

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

(4) Prior to final disbursement, the Authority 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 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-1000

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 to 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 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-1100

Grant Agreement Conditions

(1) The Authority 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 Authority 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 Authority 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 the Authority.

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

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

123-051-1200

Waivers, Exceptions and Appeals

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

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

Stat. Auth.: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782
Stats. Implemented: ORS 285A.093, 285A.098 & 401.910
Hist.: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14

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Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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