Or. Admin. Code § 104-010-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 104-010-0005 - Participation of Local and Tribal Governments in the Emergency Management Performance Grant (EMPG) Program of the Federal Emergency Management Agency (FEMA)

(1) The Oregon Department of Emergency Management (ODEM), and local and tribal emergency management/services agencies participating in the Emergency Management Performance Grant (EMPG) Program will implement the EMPG Program in the State of Oregon consistent with these rules, the Federal Emergency Management Agency's (FEMA) annual EMPG Program guidance, and an annual grant agreement and work plan agreed to by ODEM and each participating local or tribal emergency management agency.

(2) Eligible applicants for participation in the Oregon EMPG Program include the state's 36 counties, nine (9) federally recognized tribes, and cities with a population of over 85,000.

(3) Each county, tribal government and city must meet the following requirements to be eligible to participate in the program:

(a) Have an assigned emergency manager.

(b) Be National Incident Management System (NIMS) compliant.

(c) Have an Emergency Operations Plan (EOP) that is consistent with ODEM's statewide planning guidance, updated every two years, and promulgated by agency officials every four years.

(d) Have a FEMA approved Hazard Mitigation Plan that is updated every five years.

(e) Have an Emergency Operations/Coordination facility.

(f) Have an incident command structure.

(4) Each county, tribal government and city must meet the following additional requirements to participate in the program:

(a) Conduct emergency exercises as outlined in the annual grant program work plan.

(b) Ensure that each agency staff member funded in any part with EMPG funds participates in emergency exercises as outlined in the annual grant program work plan.

(c) Ensure that each agency staff member funded in any part with EMPG funds completes all training identified in the annual grant program work plan and attends a minimum of 20 hours of emergency management professional development training during the grant performance period.

(d) Comply with additional federal mandates as outlined in the annual federal EMPG Funding Opportunity Announcement and included in the agency's approved annual work plan.

(5) ODEM will allocate EMPG funds to the participating agencies each fiscal year based on the program funds made available by FEMA and the Oregon EMPG funding formula policy implemented by ODEM. The funding formula policy will be reviewed every three years by ODEM and a workgroup of EMPG eligible applicants unless a sooner review is needed due to changes identified by federal, state, or local partners. A one-year extension of the review may be granted if it appears changes are about to be released by federal or state partners.

(6) The EMPG is a 50% non-federal cost share grant and grant funds are provided on a reimbursement basis. All EMPG Program funds must be spent and accounted for in accordance with applicable OMB Circulars and Title 44 of the Code of Federal Regulations.

(7) Work Plan Submission and Reporting Requirements:

(a) Each participating agency must prepare and submit a proposed annual work plan in accordance with guidance provided by ODEM.

(b) The county emergency manager of each county with a participating city or cities is encouraged to collaborate with participating cities when developing annual work plans.

(c) ODEM will review and approve each participating agency's annual work plan. Upon approval, ODEM will prepare a formal grant agreement and forward the agreement and approved work plan to the participating agency.

(d) The work plan and formal grant agreement must be approved by the governing body of the participating agency and the signed documents returned to ODEM by a date set by ODEM.

(e) Each participating agency must submit quarterly program reports detailing its accomplishment of work plan objectives. When completion of an objective produces a tangible product (e.g., a plan, annex, analysis, etc.) a copy of the product must be submitted to ODEM with the corresponding quarterly program report. Quarterly program reports must be received by ODEM within 15 days of the close of each fiscal year quarter. If the fifteenth day falls on a weekend or legal holiday, program reports must arrive no later than the next working day.

(A) Annual Programmatic Reporting Deadlines:

(B) October 15;

(C) January 15;

(D) April 15;

(E) July 15.

(f) Each participating agency must submit monthly or quarterly fiscal reports detailing the costs for which it is seeking reimbursement and providing the appropriate cost documentation. Monthly fiscal reports must be received by ODEM within 30 days of the end of each month. Quarterly fiscal reports must be received by ODEM within 30 days of the end of each fiscal year quarter. If the thirtieth day falls on a weekend or legal holiday, fiscal reports must arrive no later than the next working day.

(A) Annual Fiscal Reporting Deadlines:

(B) October 30;

(C) January 31;

(D) April 30;

(E) July 30.

(8) Penalties:

(a) Failure to meet the requirements spelled out in the annual work plan, whether determined by review of program and fiscal reports or through an audit, may result in no funding for the next fiscal year, forfeiture of grants funds already received for the year covered by the work plan, non-reimbursement of outstanding requested expenditures, or any combination thereof.

(b) Failure to submit program or fiscal reports by the prescribed reporting deadlines may result in program suspension.

(9) Reinstatement:

(a) Upon receipt of a late program or fiscal report from a suspended agency, the ODEM Director may reinstate the agency if it satisfactorily demonstrates its desire, commitment, and ability to continue in the program.

(b) When an agency's participation is reinstated, the agency's funding allocation will be reduced for each day the program or fiscal report was late. The reduction will be in an amount equal to one day's allocation (1/365) multiplied by the number of days the report was late.

(c) If the reinstated agency satisfactorily demonstrates to the ODEM Director that the lateness of the report causing its suspension was due to circumstances beyond the control of the agency's emergency program manager, the ODEM Director may waive all or a portion of the late penalty.

Or. Admin. Code § 104-010-0005

OEM 1-2000, f. & cert. ef. 10-17-00; OEM 1-2014, f. & cert. ef. 12/15/2014; OEM 3-2023, minor correction filed 04/07/2023, effective 4/7/2023; OEM 33-2023, amend filed 10/11/2023, effective 10/11/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 401.092

Statutes/Other Implemented: ORS 401.096