Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.11-001 - Weatherization Assistance Program

Universal Citation: AR Admin Rules 016.20.11-001

Current through Register Vol. 49, No. 9, September, 2024

PART I ANUAL FILE

OVERVIEW

A. Background

Arkansas Department of Human Services, Division of County Operations, Office of Community Services (DHS) will administer the Low-Income Weatherization Assistance Program in compliance with Title IV, Energy Conservation and Production Act, as amended. DHS will administer the weatherization program in compliance with the applicable law, including regulations contained in 10 CFR Part 440 (issued February 1, 2002), and other procedures applicable to this regulation as the United States Department of Energy may prescribe for the administration of financial assistance. The plan is for a one year period beginning April 1, 2011 through March 31, 2012.

DHS will monitor subgrantee performance in an effort to increase production of weatherized units. Quarterly production reports and leveraging reports will be submitted to DOE on time.

All units weatherized using funds from DOE will comply with all requirements for a completed unit and will be reported to DOE.

The primary purpose of the weatherization program is to conserve energy. The only health and safety measures installed with DOE funds will be "energy-related" health and safety measures. The state ensures that it will comply with the DOE "prudent use" policy for health and safety funds.

B. General Funding

The federally appropriated DOE funds and the LIHEAP funds are included in the plan for DOE approval. The DOE allocation is $1,622,103 and the HEAP allocation is $5,230,142. A total of $1,000,000 from LIHEAP funds will be dedicated to capital intensive efficiency measures.

C. Adjusted Average

The adjusted average of $6,572 will be in use for program year 2011.

D. Funds for Administrative Purposes

The state uses 5% for administration. The subgrantees receiving less than $350,000 will be allowed to use 10% for administration.

E. Leveraged Resources

The local agencies will use DOE resources to leverage with the Arkansas Weatherization Program.

F. Training and Technical Assistance

The state will use the DOE T/TA funds to provide training and technical assistance to subgrantees and to monitor subgrantees.

G. Application Package

The state will comply with E-Gov requirements as prescribed by DOE.

The Master file has been eliminated from the plan. The state, however, will keep relevant information on file.

The state does not use funds for Low-Cost/No-Cost. The state will use the MHEA and NEAT energy audits. These plans are kept on file but are not included in this plan.

The state will revise the budget to include carryover prior to June 30.

The source of labor is no longer required to be reported.

The Congressional Districts served by the various subgrantees are included in this plan. However, a breakdown of the percentage of funds going to the various districts is no longer required.

The production, as required by DOE, is included in this plan. There are no downsizing efforts this program year.

The potential energy savings are included in this plan.

The Training and Technical Assistance Plan and the Monitoring Plan are combined into one plan. A house may be re-weatherized if it was previously weatherized prior to September 30, 1994.

The annual application includes both DOE and LIHEAP funds. The weatherization program is exempt from the Davis-Bacon Act (wage rate requirements).

Subgrantees use DOE funds for leveraging purposes with the Arkansas Weatherization Program. Electric base load measures are included in the NEAT/MHEA Audits.

A list of PAC members is included in this plan.

A transcript is included in this plan. The state requires subgrantees and contractors to maintain adequate liability insurance and pollution occurrence insurance.

H. Public Hearing

The state conducts a public hearing in compliance with DOE requirements.

I. Training and Technical Assistance Plan

The Training and Technical Assistance Plan is combined with the Monitoring Plan.

J. Client Education

The state provides client information and material at the time of weatherization.

K. Program Evaluation

The Office of Energy Efficiency and Renewable Energy (EERE) began conducting a national evaluation of the program in September 2010. The evaluation will assess a variety of program structures and options for program development.

L. Grantee Program Oversight

The state will monitor each subgrantee on a quarterly basis for monitoring and oversight of work and mre frequent quality assurance reviews will be performed if quality issues are discovered during the initial visit. The state will review a minimum of 25 percent (25%) of the work completed; however, if significant deficiencies are discovered (helath and safety violations, poor quality installation of materials, major services missed, etc.) the monitor will increase the number of homes reviewed and the frequency of visitation until the deficiencies are no longer found. The monitor will resume the 25 percent sampling of the subgrantee work in subsequent visits.

M. Energy Audit Criteria

The state will use the MHEA and the NEAT energy audits. DOE approved the state's energy audit for single family homes and mobile homes on October 5, 2010.

N. Health and Safety

The Health and Safety Plan is included in the Master File and is not included in this Annual File. The plan has been amended to include DOE requirements regarding mold and mildew.

O. Vehicle Purchases

The state will allow vehicle purchases with an acquisition price of $5,000 or more to be spread over the entire life of the vehicle and the number of homes served during that period.

P. Policy Advisory Council

The state will maintain the Policy Advisory Council instead of using a State Council.

Q. Reporting Requirements

The state will comply with the financial and program reporting requirements of DOE.

R. Reporting DOE Completed Units

The state will report all units to DOE that contain DOE funds. All units weatherized with DOE funds will comply with the DOE definition of a completed unit.

S. Financial Audits

Subgrantees may budget financial audit cost as a separate budget category.

T. Newly Legalized Aliens

The Immigration and Nationality Act made certain aliens legalized under the Immigration and Control Act of 1986 temporarily ineligible for weatherization assistance. The provisions of this law have expired. The only potential implications are those cases that were open while this law was in effect. Local agencies that are charitable and nonprofit are exempt from implementing new status verification requirements for nonqualified aliens. However, local government agencies must conduct status verification when serving nonqualified aliens.

U. Multi-Family Eligibility

The Department of Energy has advised states that a multi-family building may be weatherized if two-thirds of the units are eligible. Certain multi-family buildings with significant energy efficiency improvements or leverage resources require only one-half of the units to be eligible. A building containing two or four units may be weatherized if one-half of the units are eligible. A nonqualified alien could be the recipient of weatherization services as part of the two-thirds or one-half rule.

In selecting an energy audit to address multi-family units, Arkansas will use the following selection criteria:

For small multi-family buildings, less than 25 units, where the units are individually heated or cooled, DOE has previously reviewed and accepted for use in the Weatherization Assistance Program the following software: NEAT.

For small multi-family buildings, less than 25 units, with buildings containing central heating and cooling systems, DOE has previously reviewed and accepted for use in the Weatherization Assistance Program the following software: EA-Quip and TREAT.

For large multi-family buildings, more than 25 units, DOE has previously reviewed the accepted for use in the Weatherization Assistance Program the following software: EAQUIP and TREAT.

V. Recovered Materials

Each subgrantee has a policy and procedure for using insulation composed of the highest percentage of recovered materials practical.

W. Rental Requirements

There are no changes in rental procedures.

X. Income Eligibility

The state will use 200 percent of poverty as the income eligibility level.

Y. Fuel Switching

DOE does not permit the general practice of fuel switching when replacing furnace and appliances.

G R A N T A P P L I C A T I O N S T A N D A R D F O R M 4 2 4

Click here to view image

STATE CLEARINGHOUSE APPLICATION SUPPLEMENT

1. IF THIS IS A "NOTIFICATION OF INTENT" TO APPLY OR A PREAPPLICATION, PLEASE CHECK THIS BOX D AND INDICATE GRANT ID. ASSIGNED.

GRANT ID._________________X (8)

2 . IF THIS IS AN ACTUAL GRANT APPLICATION, PLEASE CHECK THIS BOX S, AND

INDICATE GRANT I.D. ASSIGNED. Grant I. D. DCO-11050875 X(8)

*NOTE: IF A NOTIFICATION OF INTENT OR PREAPPLICAIION HAS BEEN PREVIOUSLY SUBMITTED, USE THAT ID. TO COMPLETE ITEM 2 AND INDICATE SAM THAT WAS ASSIGNED TO THE NOI OR PREAPP. SAM______________X(8)

3 . IF THIS IS AN APPLICATION FOR SUPPLEMENTAL FUNDS OR IS A REVISION, PLEASE

INDICATE ORIGINAL GRANT ID. AND SAM TO WHICH IT APPLIES. GRANT ID.__________________X(8) SAM_____________________X(8)

4 . GRANT YEAR 2010-2011 XX

GRANT START DATE 04 / 01 /ll GRANT END DATE 03 / 31 / 12 (mo/day/yr)

6. APPLICANT (AGENCY) CODE 71 OH XQ) (see Applicant Code List)

7. GRANTOR Code DOE X(5) (see Grantor Code List)

8 . ORGANIZATION UNIT__________Department of Energy

9 . FUNDING PERCENTAGE REQUIREMENTS:

FEDERAL 100_________% STATE_____________% OTHER______________%

10 . TYPE OF AS SISTANCE (A THROUGH P)_____________(see instructions on back)

11. METHOD OF FUNDING____3
1. ADVANCE BY TREASURY CHECK

2. REIMBURSEMENT BY TREASURY CHECK

3. ADVANCE BY LETTER OF CREDIT

4. REIMBURSEMENT BY LETTER OF CREDIT

12. FEJ2ERAL FUNDS FOR THIS GRANT WILL BE RECEIVED DIRECTLY FROM (CHECK ONE)

Hr A FEDERAL AGENCY D ANOTHER STATE AGENCY D OTHER SOURCE

**If a source is OTHER please specify_______________________________________________

13. DO YOU HAVE AN INDIRECT COST RATE? YES \E\ NO

14. IF YES, IS THE RATE BEING APPLIED TO THIS PROIECT? DYES D NO

15
A. DIRECT COST BASE

B. INDIRECT COST RATE

C. INDIRECT COSTS CLAIMED*

D. EXPLANATION*

PROGRAM MANAGER___________________________________

Signature

AGENCY________________Office of Community Services

DATE____________________________________________

Click here to view image

B U D G E T

Click here to view image

Click here to view image

Click here to view image

2011 DOE ALLOCATION

AGENCY

UNITS

PS & M

ADMINISTRATION

TOTAL

BRAD

7

$ 38,827

$ 5,177

$ 44,004

CADC

40

229,952

30,660

260,612

CAPCA

10

57,343

7,646

64,989

CRDC

25

142,711

19,028

161,739

C-SCDC

9

50,797

6,773

57,570

CSO

5

26,385

3,518

29,903

MCAEOC

4

25,872

3,450

29,322

M-DCS

10

56,021

7,469

63,490

NADC

11

62,962

8,395

71,357

OHC

17

99,172

13,223

112,395

OOI

13

77,268

10,302

87,570

PB-JCEOC

13

76,303

10,174

86,477

SEACAC

11

65,552

8,740

74,292

SWADC

15

88,793

11,839

100,632

UHDC

20

118,619

15,816

134,435

TOTAL

210

$1,216,577

$ 162,210

$1,378,787

*This formula incorporates $6,572 maximum average.

*Additional 5% allowed for Admin as all subgrantees are receiving less than $350,000.

AGENCY

UNITS

PS & M

ADMINISTRATION

TOTAL

BRAD

18

$ 107,893

$ 8,346

$ 116,239

CADC

104

638,991

49,429

688,420

CAPCA

26

159,346

12,326

171,672

CRDC

65

396,567

30,676

427,243

C-SCDC

23

141,154

10,919

152,073

CSO

12

73,319

5,672

78,990

MCAEOC

12

71,892

5,561

77,453

M-DCS

26

155,671

12,042

167,713

NADC

29

174,957

13,534

188,491

OHC

45

275,578

21,317

296,895

OOI

35

214,713

16,609

231,322

PB-JCEOC

35

212,029

16,401

228,430

SEACAC

30

182,155

14,091

196,246

SWADC

40

246,738

19,086

265,824

UHDC

54

329,618

25,498

355,116

TOTAL

554

$3,380,621

$ 261,507

$ 3,642,128

*This formula incorporates $6,572 maximum average.

Leveraging $65,000

State Administration $261,507

Sub grantee Administration $261,507

Capital Intensive - $1,000,000

2011 CAPITAL INTENSIVE EFFICIENCY ALLOCATION

AGENCY

TOTAL FUNDING

BRAD

31,915

CADC

189,016

CAPCA

47,135

CRDC

117,306

CSCDC

41,754

CSO

21,688

MCAEOC

21,266

MDCS

46,048

NADC

51,753

OHC

81,517

OOI

63,513

PB-JCEOC

62,719

SEACAC

53,882

SWADC

72,986

UHDC

97,502

TOTAL

$1,000,000

ALLOCATION FORMULA

AGENCY

HDD+CDD

PERCENT HDD+CDD

POVERTY%

AVERAGE

HDD+CDD

AND POVERTY

BRAD

16168

4.2122

2.1709

3.1915

CADC

59459

15.4906

22.3127

18.9016

CAPCA

15365

4.003

5.4241

4.7135

CRDC

41971

10.9345

12.5268

11.7306

CSCDC

10699

2.7873

5.5636

4.1754

CSO

4934

1.2849

3.0514

2.1688

MCAEOC

5368

1.3997

2.854

2.1266

MDCS

20438

5.3246

3.885

4.6048

NADC

27098

7.0597

3.291

5.1753

OHC

21753

5.6672

10.6363

8.1517

OOI

32274

8.4082

4.2944

6.3513

PB-JCEOC

24872

6.4798

6.064

6.2719

SEACAC

23727

6.1815

4.5949

5.3882

SWADC

33904

8.8329

5.7643

7.2986

UHDC

45807

11.9339

7.5666

9.7502

TOTAL

383837

100

100

100

U.S. DEPARTMENT OF ENERGY

BUDGET EXPLANATION FOR FORMULA GRANTS

Provide detailed information to support each Cost Category using this form. Cost breakdown estimates may be entered on this form or attach a breakdown of costs using your own format as Attachment A.

1. PERSONNEL - Prime Applicant only (all other participant costs must be listed on 6. below and form DOE F 4600.4, Section B. Line 6.f. Contracts and Sub Grants.
a. Identify, by title, each position to be supported under the proposed award.

Weatherization Program Administrator Eduction and Instruction Analyst Grants Analyst (2)

b. Briefly specify the duties of professionals to be compensated under this project.

Weatherization Program Administrator supervises staff, develops annual grant, develops grant guidance, provides technical assistance to subgrantees, reviews subgrantee contracts.

Education and Instruction Analyst develops training packages, provides hands-on training, develops training plan, reviews subgrantees for compliance with policies/procedures.

Grants Analyst monitors performance of weatherization subgrantees.

2. FRINGE BENEFITS -
a. Are the fringe cost rates approved by a Federal Agency? If so, identify the agency and date of latest rate agreement or audit below, and include a copy of the rate agreement.

No

b. If above does not apply, indicate the basis for computation of rates, including the types of benefits to be provided, the rate(s) used, and the cost base for each rate. You may provide the information below or provide the calculations as an attachment.

Position/Person

Time

X

Rate =

Total

Weatherization Program Administrator

50%

$18,666

$18,666

Weatherization Grants Analyst

50%

$29,378

$29,378

Grants Analyst

100%

$42,369

$42,369

Grants Analyst

100%

$38,600

$38,600

Grants Analyst

100%

$34,000

$34,000

FICA Match

7.650%

$ 4,858

$ 4,415

$ 8,523

Retirement

10.000%

6,350

-0-

11,140

Unemployment

.089%

57

51

100

Tax

Workers Comp

2.000%

1,270

1,154

2,228

Insurance

$285 per employee x 12

months

3,420

3,420

10,260

Sub-Total TOTAL

$15,955

$ 9,040

$32,251 =57,246

3. TRAVEL - Identify total Foreign and Domestic Travel as separate items.
a. Indicate the purpose(s) of proposed travel.
(1) One trip to the Weatherization Conference for five people.

(2) At least two trips to each of 15 subgrantees for the purpose of monitoring and providing technical assistance.

(3)

b. Specify the basis for computation of travel expenses (e.g., current airline ticket quotes, past trips of a similar nature, federal government or organization travel policy, etc.).
(1) Admin. - $5,000 - Weatherization Conference

(2) T/TA - $20,000 - In-State Travel

(3) Admin. - $ 2,500 - NASCSP Conference

4. EQUIPMENT - as defined in 10 CFR 600.202. Definitions can be found at http://www.access.gpo.gov/nara/cfr/waisidx_00/10cfr600_00.html.
a. Provide the basis for the equipment cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

Prior purchases $1,250 x 2 = $ 2,500 (Adm.) Vendor quote 450 x 3 = $ 1,350 (T/TA)

Cost estimate 1,050 x 3 = $ 3,150 (T/TA) Vendor quote 6,000 x 1 = $ 6,000 (Adm.)

b. Briefly justify the need for items of equipment to be purchased.

Weatherization staff needs new computers; Weatherization staff needs digital cameras; Weatherization staff needs carbon monoxide detectors; Cost to repair Niton Analyzer.

5. MATERIALS AND SUPPLIES - as defined in 10 CFR 600.202. Definitions at http://www.access.gpo.gov/nara/cfr/waisidx_00/10cfr600_00.html.
a. Provide the basis for the materials and supplies cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

b. Briefly justify the need for items of material to be purchased.

T & TA - $10,000 for office purchases for stationary and other office supplies Admin - $17,500 for office purchases for stationary and other office supplies

6. CONTRACTS AND SUBGRANTS - All other participant costs including subcontractor, sub-grants, and consultants.

Provide the information below for new proposed sub recipients and subcontractors. For ongoing subcontractors and sub recipients, if this information is provided elsewhere in the application, it does not have to be restated here, but please indicate the document and page numbers where it can be found.

Information is provided elsewhere in the application.

* For example-Competitive, Historical, Quote, Catalog

7. OTHER DIRECT COSTS - Include all direct costs not included in above categories.
a. Provide the basis for the cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

Admin - Costs are for telephone service charge, credit card purchases and subscriptions, publications and books and for audit costs - $4,000.

T/TA - Costs are for freight expenses, printing, advertisements, equipment maintenance, rent of copier, office space rent, telephone, credit card purchases, and subscriptions - $3,500.

b. Briefly justify the need for items to be purchased. These expenses are based on prior year experience.

8. INDIRECT COSTS -
a. Are the indirect cost rates approved by a Federal Agency? If so, identify the agency and date of latest rate agreement or audit below, and include a copy of the rate agreement.

The state uses a cost allocation formula that has been approved by the Department of Energy. The cost allocation formula is updated annually.

Community Services Administration 420509 HG1X00XX

Code

Program

Quarter

Ending

12/31/10

Quarter

Ending

09/30/10

Quarter

Ending

06/30/10

Quarter

Ending

03/31/10

FK

Lead Based Paint

F5

HEAP

27.27

27.27

33.34

33.33

F8

Weatherization

36.37

36.36

33.33

33.34

F9

CSBG

36.36

36.37

33.33

33.33

TOTAL

100

100

100

100

b. If a above does not apply, indicate the basis for computation of rates, including the types of benefits to be provided, the rate(s) used, and the cost base for each rate. You may provide the information below or provide the calculations as an attachment.

Click here to view image

Click here to view image

Click here to view image

Click here to view image

Click here to view image

Revised 12/14/09 OFFICE OF COMMUNITY SERVICES ARKANSAS WEATHERIZATION SUBGRANTEES

BRAD

Mr. James Jansen, Executive Director

Black River Area Development Corp.

1403 Hospital Drive

Pocahontas, Arkansas 72455-3847

Telephone: (870) 892-5219

FAX: (870) 892-0707

E-mail: jjansen@bradcorp.org

County

Clay

Lawrence

Randolph

Mr. Kris Rose, Weatherization Director (870) 892-5219 Ext. 254 E-mail: krose@bradcorp.org

`

Financial: Ms Debbie Shannon (870)892-5219 Ext. 229 E-mail: dshannon@bradcorp.org

CADC

Mr. Larry Cogburn, Executive Director

Central Arkansas Development Council

321 Edison Avenue

Post Office Box 580

Benton, Arkansas 72018-0580

Telephone: (501) 315-1121

FAX: (501) 778-9120

E-mail:lcogburn@cadc.cc

Also E-mail: lblair@cadc.cc

Calhoun

Clark

Columbia

Dallas

Hot Spring

Montgomery

Ouachita

Pike

Lonoke

Pulaski

Saline

Union

Financial: Mr. James White E-mail: jwhite@cadc.com

Ms. Beverly Palmer, Weatherization Coordinator Telephone: (501) 776-8446 E-mail: bpalmer@cadc.com

CAPCA

Mr. Archie Musselman, Executive Director Community Action Program for Central

Arkansas, Inc. 707 Robins Street, Suite 118

Conway, Arkansas 72034-65172Telephone: (501) 329-3891 FAX: (501) 329-9247 E-mail: archie.musselman@capcainc.org

Cleburne Faulkner White

Ms. Melissa McWilliams, Weatherization E-mail: Melissa.mcwilliams@capcainc.org

CRDC

Mr. Troy Branscum, Executive Director Crowley's Ridge Development Council Post Office Box 16720 2401 Fox Meadow Lane Jonesboro, Arkansas 72403-6711 Telephone: (870) 802-7100 Ext 113 FAX: (870) 935-0291 E-mail: troybranscum@crdcnea.com

Craighead

Crittenden

Cross

Greene

Jackson

Poinsett

St. Francis

Woodruff

Mr. Kenny Gunn, Weatherization Director Telephone: (870) 802-7100 Ext. 120 FAX: (870) 935-0291 E-mail: kennygunn@crdcnea.com

C-SCDC

Mr. Mark Whitmer, Executive Director Crawford-Sebastian Community

Development Council, Inc. 4831 Armour Street Post Office Box 4069 Fort Smith, Arkansas 72914 Telephone: (479) 785-2303 Ext. 107 FAX: (479) 785-2341 E-mail: mwhitmer@cscdccaa.org

Crawford Sebastian

Ms. Debbie Biggs, Weatherization Director Telephone: (479) 785-2303 Ext. 110 E-Mail: dbiggs@cscdccaa.org

CSO

Mr. Leon Massey, Executive Director

Community Services Office, Inc.

600 West Grand Avenue

Post Office Box 1175

Hot Springs, Arkansas 71901-1175

Telephone: (501) 624-5724

FAX: (501) 624-1645

E-mail: lemass@csohs.org

Garland

Mr. Joe Bob Garner, Weatherization Director Telephone: (501) 624-5724, Ext 0 E-mail: jgarner@csohs.org

MCAEOC

Mr. Sam Scruggs, Executive Director Mississippi County, Arkansas Economic

Opportunity Commission, Inc. 1400 North Division Post Office Drawer 1289 Blytheville, Arkansas 72316-1289 Telephone: (870) 776-1054 FAX: (870) 776-1875 or 776-1567 E-mail: Sam.Scruggs@sbcglobal.net

Mississippi

Mr. Clark Phillips, Weatherization Director E-mail: clarkphillipswx@yahoo.com

M-DCS

Ms. Margaret Staub, Executive Director

Mid-Delta Community Services, Inc.

610 South Biscoe

Post Office Box 745

Helena, Arkansas 72342-0745

Telephone: (870) 338-6406

FAX: (870) 338-3629

E-mail: mmstaub@suddenlinkmail.com

Lee

Monroe Phillips Prairie

Mr. Jacob Bright, Weatherization Director

1125 North Columbia

Post Office Box 745

Helena, Arkansas

Telephone: (870) 338-3411

Fax: (870) 338-3629

E-mail: j.bright@suddenlinkmail.com

NADC E-mail:

Mr. Larry Goodwin, Executive Director Northcentral Arkansas Development

Council, Inc. 550 9th Street Post Office Box 3349 Batesville, Arkansas 72503-3349 Telephone: (870) 793-5765 FAX: (870) 793-2167 nadc_larry@yahoo.com

Fulton

Independence

Izard

Sharp

Stone

OHC

Mr. Al West, Executive Director

Office of Human Concern, Inc.

506 East Spruce Street

Post Office Box 778 (mail address only)

Rogers, Arkansas 72757-0778

Telephone: (479) 636-7301

FAX: (479) 636-7312

E-mail: alwest@eohc.org

Benton Carroll Madison Washington

Ms. Jerrie Dutton, Weatherization Director

2810 North Second Street

Post Office Box 778

Rogers, Arkansas 72757-0778

Telephone: (479) 636-4194

Fax: (479) 631-3945

E-mail: jdutton@eohc.org

OOI

Mr. Richard "Toby" Atkinson, Executive Director

Ozark Opportunities, Inc.

701 East Prospect 72602

Post Office Box 1400

Harrison, Arkansas 72601-1400

Telephone: (870) 741-9406 Ext. 235

FAX: (870) 741-0924

E-mail: exdirooi@windstream.net

Baxter

Boone

Marion

Newton

Searcy

Van Buren

Mr. Randy McAllister, Weatherization Director

200 W. Nome (Delivery Address Only)

Post Office Box 306

Marshall, Arkansas 72650

Telephone: (870) 448-2010

Fax: (870) 448-2018

E-mail: ooiwxdr@windstream.net

PB-JCEOC

Mr. David Knight, Executive Director Pine Bluff-Jefferson County Ecomomic Opportunities Commission, Inc. 817 South Cherry Street Post Office Box 7228 Pine Bluff, Arkansas 71611-7228 Telephone: (870) 536-0046 FAX: (870) 535-7558 E-mail: dknight@pbjceoc.org

Arkansas

Cleveland

Jefferson

Lincoln

Grant

SEACAC

Mr. Larry Henderson, Executive Director

Southeast Arkansas Community Action Corporation

1208 Myrtle

Post Office Box 312

Warren, Arkansas 71671-0312

Telephone: (870) 226-2668

FAX: (870) 226-5637

E-mail: larryhenderson@seacac.com

Ashley

Bradley

Chicot

Desha

Drew

Ms. Betty Forrest, Weatherization Director

914 East Church Street.

Warren, Arkansas 71671

Telephone: (870) 226-2923

Fax: (870) 226-2952

E-mail: betty.forrest@seacac.com

SWADC

Mr. Donald Nelson, Interim Executive Director Southwest Arkansas Development

Council, Inc. 3902 Sanderson Lane Texarkana, Arkansas 71854-2516 Telephone: (870) 773-5504 FAX: (870) 772-6540 E-mail: donaldnelson@cableone.net

Hempstead

Howard

Lafayette

Little River

Miller

Nevada

Sevier

Mr. Taft Wilson, Weatherization Director

1600 Arkansas Blvd., Ste. 112

Texarkana, Arkansas

Telephone: (870) 774-1664/1667 Ext. 103

FAX: (870) 774-1668

E-mail: taftwilson@cableone.net

UHDC

Ms. Patricia Atkinson, Executive Director

Universal Housing Development

Corporation

301 East Third Street

Post Office Box 846

Russellville, Arkansas 72801-0846

Telephone: (479) 968-5001

FAX: (479) 968-5002

E-mail: pat@uhdc.net

Conway

Franklin

Johnson

Logan

Perry

Polk

Pope

Scott

Yell

Mr. Loyd Collins, Weatherization Director Email: loyd@uhdc.net

CONGRESSIONAL DISTRICT 1

AGENCIES

COUNTIES

BLACK RIVER AREA DEVELOPMENT CORPORATION (BRAD)

1403 HOSPITAL DRIVE

POCAHONTAS, ARKANSAS 72455-3847 JAMES JANSEN, EXECUTIVE DIRECTOR (870) 892-5219

CLAY

LAWRENCE

RANDOLPH

CENTRAL ARKANSAS DEVELOPMENT COUNCIL (CADC)

321 EDISON AVE

POST OFFICE BOX 580

BENTON, ARKANSAS 72018-0580

LARRY COGBURN, EXECUTIVE DIRECTOR

(501) 315-1121

LONOKE

COMMUNITY ACTION PROGRAM FOR CENTRAL ARKANSAS, INC. (CAPCA)

707 ROBINS STREET, SUITE 118

CONWAY, ARKANSAS 72034-6517

ARCHIE MUSSELMAN, EXECUTIVE DIRECTOR

(501) 329-3891

CLEBURNE

CROWLEY'S RIDGE DEVELOPMENT COUNCIL (CRDC)

2401 FOX MEADOW LANE POST OFFICE BOX 16720

JONESBORO, ARKANSAS 72403-6711 TROY BRANSCUM, EXECUTIVE DIRECTOR (870) 802-7100 EXT. 113

CRAIGHEAD

CRITTENDEN

CROSS

GREENE

JACKSON

POINSETT

ST. FRANCIS

WOODRUFF

MID-DELTA COMMUNITY SERVICES, INC. (M-DCS)

610 SOUTH BISCOE

POST OFFICE BOX 745

HELENA, ARKANSAS 72342-0745

MARGARET STAUB, EXECUTIVE DIRECTOR

(870) 338-6406

LEE

MONROE PHILLIPS PRAIRIE

MISSISSIPPI COUNTY, ARKANSAS ECONOMIC OPPORTUNITY COMMISSION, INC. (MCAEOC)

1400 NORTH DIVISION POST OFFICE DRAWER 1289

BLYTHEVILLE, ARKANSAS 72316-1289 SAM SCRUGGS, EXECUTIVE DIRECTOR (870) 776-1054

MISSISSIPPI

NORTHCENTRAL ARKANAS DEVELOPMENT COUNCIL, INC. (NADC)

550 9TH STREET

POST OFFICE BOX 3349

BATESVILLE, ARKANSAS 72503

LARRY GOODWIN, EXECUTIVE DIRECTOR

(870) 793-5765

FULTON

INDEPENDENCE

IZARD

SHARP

STONE

OZARK OPPORTUNITIES, INC. (OOI)

701 EAST PROSPECT

POST OFFICE BOX 1400

HARRISON, ARKANSAS 72601

RICHARD "TOBY" ATKINSON, EXECUTIVE DIRECTOR

(870) 741-9406

SEARCY

PINE BLUFF-JEFFERSON COUNTY ECONOMIC OPPORTUNTIES COMMISSION, INC. (PB-JCEOC)

817 SOUTH CHERRY STREET

POST OFFICE BOX 7228

PINE BLUFF, ARKANSAS 71611-7228

DAVID KNIGHT, EXECUTIVE DIRECTOR

(870)536-0046

ARKANSAS

CONGRESSIONAL DISTRICT 2

AGENCIES

COUNTIES

CENTRAL ARKANSAS DEVELOPMENT COUNCIL (CADC)

321 EDISON AVE

POST OFFICE BOX 580

BENTON, ARKANSAS 72018-0580

LARRY COGBURN, EXECUTIVE DIRECTOR

(502) 315-1121

SALINE

COMMUNITY ACTION PROGRAM FOR CENTRAL ARKANSAS, INC. (CAPCA)

707 ROBINS STREET, SUITE 118

ARCHIE MUSSELMAN, EXECUTIVE DIRECTOR

CONWAY, ARKANAS 72034-6517

(501) 329-3891

FAULKNER WHITE

CENTRAL ARKANSAS DEVELOPMENT COUNCIL

5620 WEST 12TH STREET STE 9

LITTLE ROCK, ARKANSAS 72204

LARRY COGBURN, EXECUTIVE DIRECTOR

(501) 603-0909

PULASKI

OZARK OPPORTUNITIES, INC. (OOI)

701 EAST PROSPECT

POST OFFICE BOX 1400

HARRISON, ARKANSAS 72601-1400

RICHARD "TOBY" ATKINSON, EXECUTIVE DIRECTOR

(870) 741-9406 EXT. 235

VAN BUREN

UNIVERSAL HOUSING DEVELOPMENT CORPORATION (UHDC)

301 EAST THIRD STREET

POST OFFICE BOX 846

RUSSELLVILLE, ARKANSAS 72801-0846

PATRICIA ATKINSON, EXECUTIVE DIRECTOR

(479) 968-5001

CONWAY

YELL

PERRY

CONGRESSIONAL DISTRICT 3

AGENCIES

COUNTIES

CRAWFORD-SEBASTIAN COMMUNITY DEVELOPMENT COUNCIL, INC. (C-SCDC)

4831 ARMOUR STREET

POST OFFICE BOX 4069

FORT SMITH, ARKANSAS 72914

MARK WHITMER, EXECUTIVE DIRECTOR

(479) 785-2303 EXT. 107

CRAWFORD SEBASTIAN

OFFICE OF HUMAN CONCERN, INC. (OHC)

506 EAST SPRUCE STREET

POST OFFICE BOX 778

ROGERS, ARKANSAS 72757-0778

AL WEST, EXECUTIVE DIRECTOR

(479) 636-7301

BENTON CARROLL MADISON WASHINGTON

OZARK OPPORTUNITIES, INC. (OOI)

701 EAST PROSPECT

POST OFFICE BOX 1400

HARRISON, ARKANSAS 72601-1400

RICHARD "TOBY" ATKINSON, EXECUTIVE DIRECTOR

(870) 741-9406 EXT. 235

BAXTER BOONE MARION NEWTON

UNIVERSAL HOUSING DEVELOPMENT CORPORATION (UHDC)

301 EAST. THIRD STREETPOST OFFICE BOX 846 RUSSELLVILLE, ARKANSAS 72801-0846 PATRICIA ATKINSON, EXECUTIVE DIRECTOR (479) 968-5001

FRANKLIN

JOHNSON

LOGAN

POLK

POPE

SCOTT

CONGRESSIONAL DISTRICT 4

AGENCIES

COUNTIES

CENTRAL ARKANSAS DEVELOPMENT COUNCIL (CADC)

321 EDISON AVE

POST OFFICE BOX 580

BENTON, ARKANSAS 72018-0580

LARRY COGBURN, EXECUTIVE DIRECTOR

(501) 315-1121

CALHOUN

CLARK

COLUMBIA

DALLAS

HOT SPRING

OUACHITA

MONTGOMERY

PIKE

UNION

COMMUNITY SERVICES OFFICE, INC. (CSO)

600 WEST GRAND AVENUE

POST OFFICE BOX 1175

HOT SPRINGS, ARKANSAS 71901-1175

LEON MASSEY, EXECUTIVE DIRECTOR

(501) 624-5724

GARLAND

PINE BLUFF-JEFFERSON COUNTY ECONOMIC OPPORTUNTIES COMMISSION, INC. (PB-JCEOC)

817 SOUTH CHERRY STREET

POST OFFICE BOX 7228

PINE BLUFF, ARKANSAS 71611-7228

DAVID KNIGHT, EXECUTIVE DIRECTOR

(870)536-0046

CLEVELAND JEFFERSON LINCOLN GRANT

SOUTHEAST ARKANSAS COMMUNITY ACTION CORPORATION (SEACAC)

1208 MYRTLE STREET

POST OFFICE BOX 312

WARREN, ARKANSAS 71671-0312

LARRY HENDERSON, EXECUTIVE DIRECTOR

(870) 226-2668

ASHLEY

BRADLEY

CHICOT

DESHA

DREW

SOUTHWEST ARKANSAS DEVELOPMENT COUNCIL (SWADC)

3902 SANDERSON LANE

TEXARKANA, ARKANSAS 71854-2516

DONALD NELSON, INTERIM EXECUTIVE DIRECTOR

(870) 773-5504

HEMPSTEAD

HOWARD

LAFAYETTE

LITTLE RIVER

MILLER

NEVADA

SEVIER

P R O D U C T I O N S C H E D U L E

Click here to view image

Click here to view image

Click here to view image

E N E R G Y S A V I N G S

Energy Savings

An estimate of the amount of energy to be conserved.

The fuel analysis is representative of the typical unit weatherized by each of the subgrantees. The analysis provides the data regarding energy conservation.

DOE PROGRAM

AMOUNT

LINE

Total DOE State Weatherization Allocation

$1,622,103

(a)

Total Cost associated with Administration, T & TA, Financial and Energy Audits or 15% of allocation

$243,315

(b)

Subtract the amount entered in line (b) from Line (a), for total Federal (DOE) funds available to weatherize homes

$1,378,788

(c)

State Average Cost per Home or National WAP Program Year Average Cost per Home (i.e., PY2007-$2,885*)

$ 6,500

(d)

Total Estimated Homes to be Weatherized

212

(e)

Multiply (e) by 30.5 MBTU** for total Annual Estimated Energy Savings resulting from DOE appropriated funds

6,466

(f)

ALL FUNDING SOURCES

Total funds (e.g., DOE-WAP, State, Leveraged, LIHEAP, and other non-Federal sources of funds used by the State to weatherize homes

$4,984,658

(g)

Total cost associated with the administration of Weatherization funds or 15% of total funds available to weatherize homes

$ 747,683

(h)

Subtract the amount entered in line (h) from line (g), for total funds available to weatherize homes

$4,236,874

(i)

State Average Cost per Home or Nation WAP Program Year Average Cost per Home (i.e., PY2009 - $3,055*)

$ 6,500

(j)

Total Estimated Homes to be Weatherized

591

(k)

Multiply (k) by 30.5 MBTU** for total Annual Estimated Energy Savings resulting from all funding sources

18,026

(l)

T R A I N I N G A N D T E C H N I C A L A S S I S T A N C E A C T I V I T I E S

A N D M O N I T O R I N G A C T I V I T I E S

TRAINING AND TECHNICAL ASSISTANCE

Milestones and training guidance is based on information received from evaluation of each subgrantees submittal

The Department of Energy (DOE) has developed a Standardized Training Curriculum for the Weatherization network. The Office of Community Services will begin using the Weatherization Training CXenters located on the campuses of Pulaski Technical College in Little Rock and the Northwest Arkansas Community College in Rogers, Arkansas for training purposes. Arkansas will require all weatherization staff at the subgrantee level to become certified once the certification process sis finalized. Subgrantees will be allowed to attend Arkansas training facilities only.

GRANT GUIDANCE

Minority Woman Owned Business Enterprise Workshop (MWBE) January 20, 2011

The state Weatherization Assistance Program staff will provide information to minority and woman owned vendors on how to access the year.

January 21, 2011

State weatherization manager will provide information on changes that will be mandatory for the new program year.

Arkansas has scheduled the following opportunities for training:

WAP ANNUAL TRAINING CONFERENCE

JULY 13th-15th 2011

Various new subject matter, as well as updated information will be taught that are directly related to new requirements from DOE (i.e. regional, national conferences & other related sources).

WAP SKILLS TRAINING

October 5th-7th, 2011

Weatherization personnel come together in state wide hands on training. This allows everyone to participate in a wide array of skilled demonstrations needed to professionally show "how to" perform the different tasks needed on each unit.

WAP MONITORING PROTOCOL

The Office of Community Services (OCS) receives funding from the Department of Energy (DOE) to implement the Weatherization Assistance Program (WAP). The program is designed to increase the energy efficiency of dwellings owned or occupied by low-moderate income persons, reduce their total residential expenditures, and improve their health and safety, especially low-income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with children, high residential energy users, and households with high energy burden.

OCS subcontracts with Community Action Agencies (CAA's) to implement the program at the local level. OCS subcontracts with 15 Community Action Agencies (CAA's) and one housing corporation to implement the program at the local level. The WAP has been in existence for over 30 years and has two (2) Program Monitors (PM) to provide program oversight.

The Program Monitors alternate assigned agencies each year. The attached Organizational Chart will serve to illustrate the flow of operations within OCS. All staff report to the Program Manager.

Each Program Monitor will follow the monitoring protocol listed below which in addition to desk reviews will require a visit to the agency every three months.

Subgrantee Desktop Reviews

Subgrantees will be monitored via standardized, periodic desktop monitoring. Desktop program evaluations examine subgrantee reports to assess progress and determine compliance with OCS Financial Reporting requirements. The PM will review the WAP-03, WAP-04. The PM will determine if production goals have been met and if the LIHEAP statistical data is captured and input is in the correct columns and matches the cumulative total. The PM will also review the Financial Workbook and Invoice electronically prior to submitting an invoice for payment. During this review the Funds Received page will be reviewed to ensure the subgrantee entered all funds received during the report month additionally, the PM will review the purchase order in AASIS to ensure that funds are available to pay the invoice and will record the total funds received in the financial workbook. After conducting the desk review, the PM will then schedule a monitoring visit to the agency. As a result of the desk review the PM will

* Identify any deficiencies in reporting such as delinquent reports. Where discrepancies exist between planned activities and actual accomplishments reported, the Monitor will follow-up with the subgrantee to determine causes and propose solutions that will correct the discrepancy. These findings will be reported to the Program Manager.

* Identify both major and minor problems that require resolution, such as significant staffing changes or excessive employee turnover. This information will be provided to the Program Manager and WAP Trainer. Together they will also identify and implement corrective actions.

Onsite Monitoring

Program Monitors will visit each subgrantee every three months. After the initial visit during which a full report will be developed, the Program Monitor will conduct follow up visits during which the focus will be on technical monitoring. A Training and Technical Assistance report will be submitted after each technical visit. A full report will be developed at the end of each quarter.

Onsite monitoring visits will occur at subgrantee agencies and work sites. Monitors will review a representative sampling of customer files at the agency to determine that proper documentation of service delivery is maintained and that quality control inspections are being performed on each home. In addition, Monitors will:

* Review prior findings to determine existing deficiencies or areas of concern and determine whether those issues have been resolved.

* Inspect of up to 25 percent of homes at various stages of weatherization to ensure compliance with DOE rules and consistency between reported activities and actual measures.

* Conduct quality control inspection of at least 10 percent of completed homes to determine the quality of workmanship and appropriateness of service delivered by each sub-grantee.

* Interview WAP sub-grantee staff and clients to determine whether all tests were performed and appropriate measures installed on each unit.

* Interview Contractor employees to determine if Davis-Bacon wages are being paid.

* Verify that each home/client met program eligibility guidelines.

* Verify that each home received a Final Inspection conducted by the sub-grantee before the home was reported to the OCS as complete.

* Track expenditures from purchase to inventory to installation on the unit.

* Submit a written report to the Team Leader who will review it and submit it to the Program Manager. After review by the Program Manager, the report will be finalized and submitted to the Assistant Director for signature.

On Site Fiscal Review

During the quarterly monitoring visit, Program Monitors will examine previous subgrantee invoices and expenditure reports and verify that they match the agency general ledger. A sample of payments will be examined to verify the existence of documentation that supports the charges, that payments were made to vendors and that payments are allowable under program rules and regulations.

The books and records for any program activities allocated to or charged back to the WAP funds are also subject to review by the Program Monitor. If the Program Monitor notes a problem with allocations or charge backs, the findings will be noted in the report. If training and technical assistance is warranted, it will be provided to the subgrantee. Subsequent visits by the Program Monitor will verify that the problem has been corrected or that additional action is necessary.

OCS WAP MONITORING PROCEDURE -

Using the Monitoring Instrument, review the following areas:

[] File documentation, including income verification

[] Compliance with state & federal regulations

[] Compliance with state weatherization assistance program specifications

[] Completed project inspection

[] Performance testing of homes

[] Inventory control

[] Health & safety inspection

[] Audit results

[] Resource accountability

[] Work quality

[] Fiscal controls

Who to meet with:

[] Agency Coordinator

[] Fiscal Officer

[] Crew members

[] Participants

Routine Program Evaluation Outline:

1. Review prior program evaluations.

2. Set up dates for the on site visit and request that agency has completed files from the prior month ready for review.

3. Travel to agency.

4. Meet and greet.

5. Discuss agency operations.

6. Discuss community partners.

7. Discuss other resources.

8. Review participant files with staff

9. Based upon the monthly production goals, choose 25% of the completed jobs for field inspection. Of this number, conduct a performance test on 10%.

10. Perform field inspection.

11. Performance test homes.

12. Program Monitor and agency representative will discuss any opportunities identified during the inspection and performance testing of the homes.

13. Interview participants.

14. Prepare exit interview report.

15. Discuss findings.

16. Incorporate mutually agreed upon comments into the final review.

17. Discuss new techniques, approaches or protocols.

18. Discuss training needs.

19. Schedule additional follow up(s) on technical assistance topics identified.

20. Review corrective action from prior review.

21. Draft final review.

22. Send copy to executive director and agency coordinator.

Field Test Detail

Inspection of completed houses, with the accompaniment of the local agency auditor/inspector, provides an opportunity to provide on-site technical assistance. Various installation techniques, quality control issues, or test procedures may be discussed during the course of performing the inspection.

Diagnostic testing is performed, including blower-door tests, combustion safety tests, and duct leakage tests. The test results are compared with those noted in the participant file.

Set-up values of the NEAT/MHEA audit are checked to ensure they are current and accurate, that staff is proficient in the use of the NEAT/MHEA audit, and that it is used as directed by OCS.

**Exemplary practices, successful approaches, or creative ideas in the operation of the local program will be identified and noted.**

Crew Health and Safety procedures will be checked for compliance with OCS Health and Safety Plan as contained in the DOE State Plan.

At the conclusion of the monitor's visit, an exit conference will be conducted with the Program Coordinator and the Executive Director. If there are deficiencies, a recommended course of action will be agreed upon.

Every effort will be made to complete and mail a final report to the Executive Director and Program Coordinator within one week of the monitor visit. The agency will submit a written response providing assurance that identified problems are resolved in a timely manner and documented.

Reference Material

1. Weatherization Program Operations Manual.

2. Arkansas Field Guide State Weatherization Assistance Program Specification and requirements.

3. US Department of Energy 10CFR Part 440 Weatherization and 10 CFR Part 600 .

Technical procedures adopted for the weatherization program, include:

* Blower Door and Air Sealing Procedures, which are used to determine a baseline goal for directing air-sealing work of the building envelope.

* Duct Pressure Test Procedures are the standards by which to measure the effectiveness of the HVAC system. The pre- and post weatherization test information is required to be collected and recorded in each client file.

* The Combustion Safety Test Procedures establish worst-case depressurization, spillage, flue draft, carbon monoxide, as well as a visual inspection. This procedure also contains safety thresholds. These tests must be performed and recorded, at a minimum, at the time of audit and final inspection. The test report form is to be completed on all homes that contain combustion appliances and maintained in the participant file.

Evaluation Tools and Equipment

The following tools and equipment will be used by Program Monitor to help determine satisfactory work performance:

1. Blower-door tests on a sample of completed jobs to verify the extent of air-sealing work and to assess the risk of indoor air quality problems.

2. A carbon monoxide detector and manometer on a sample of completed jobs that have combustion appliances to verify compliance with combustion safety test procedures.

3. An infrared scanner on a sample of completed jobs to verify uniform insulation coverage in closed cavities and inaccessible areas, as well as adequate air sealing work.

4. Digital cameras to take photos of houses inspected and to record extraordinary circumstances or work performance.

Levels of Agency Performance

As a result of the monitoring process, the Program Monitor will assess the subgrantee and assign a level of performance based upon the categories listed below:

Exemplary: Exceeds program expectations. Program is visionary, excels in all program aspects, highly responsive and innovative. Files are complete, organized and accurate. Administrative systems are good models for the entire network. Service delivery routinely exceeds targets and goals. Material installation consistently meets standards. Workmanship is good quality.

Stable: Meets program expectations. Activities are generally accurate, effective, organized, sound, proficient, and proactive. Good administration systems. Files are generally complete, organized and accurate. Overall program delivery is effective and sound. Staff is proficient in diagnostics. Material installation consistently meets standards. Workmanship is good quality.

Vulnerable: Noncompliance issues. Sometimes meets program expectations. Marginal administrative systems exist. File information inconsistent. Overall program delivery has gaps. Diagnostics are inadequate. Material installation sometimes meets standards. Workmanship is inconsistent.

At-Risk: Frequently does not meet program expectations. Inadequate, poor, substandard, incomplete, or deficient documentation exist. There is poor communication between state and agency staff. Inadequate administrative systems exist. Files are incomplete or inaccurate. Overall program delivery is substandard. Diagnostic work is deficient. Material installation and/or workmanship do not meet program standards.

Levels of Agency Performance and Program Evaluation (PE) Frequency High Performance or Exemplary Agencies

By way of monitoring review, an exemplary agency demonstrates performance that meets or exceeds expectations in the following areas:

1. Program operations:

* No Health and Safety finding as identified in previous monitoring report.

* No procedural findings related to program rules, and policies and procedures

2. Fiscal:

* No findings related to weatherization in the annual agency audit.

3. Technical:

* Provides comprehensive services utilizing the latest building science and renewable technology, in a cost-effective manner in accordance with State of Arkansas Weatherization Assistance Program guidelines.

4. Production:

* Agency unit production is high relative to funding.

* Agency routinely exceeds monthly production goals.

* Few incomplete or pending units at month end.

5. Qualified staff:

* Agency staff routinely attends OCS trainings and obtain required certifications in a timely way.

6. Risk:

* No "at-risk" elements are found in any major category.

The Program Monitor will determine whether this standard is met during the final visit.

Stable Agency Performance

OCS expects every agency to meet this standard of performance:

1. Well-established systems for program administration and operations, with no more than one finding in the following areas:

* Compliance with maj or program requirements, such as, lead-based paint procedures, cost allocation plan/indirect rate, required contractor information.

* No more than one program specific finding in the annual audit.

* No more than one fiscal specific finding in the annual audit.

* Staff well trained in performance of specific job duties.

* Complete and organized files.

2. Evidence of prudent decision making as to the use of program resources:

* Sufficiently detailed scopes of work.

* NEAT/MHEA documentation is current and consistent with billing.

* Staff proficient in use NEAT/MHEA software.

* Evidence NEAT/MHEA is run with actual and true pre-post data (including costs).

3. Staff and contractors have demonstrated proficiency in technical applications, including diagnostics.

4. Agency has a minimal number of minor procedural findings (as related to programs rules, policies and procedures) and health and safety findings from previous monitoring report and no major findings.

5. Agency complies with OSHA/DHS/OCS safety rules, as applicable.

6. The agency maintains a professional working relationship with OCS.

7. Past corrections made and reported in a timely manner.

8. No "at-risk" elements are found in major categories for an agency.

Vulnerable Agency Performance

Agency's performance is deficient in some or all of the following levels of performance:

1. Agency has a well-established system for program administration and operations, with no more than one finding in the following areas:

* Compliance with maj or program requirements, such as, lead-based paint procedures, cost allocation plan/indirect rate, required contractor information.

* No more than one program specific finding in the annual audit.

* No more than one fiscal specific finding in the annual audit.

* Staff well trained in performance of specific job duties.

* Complete and organized files.

2. No evidence of prudent decision making as to use of program resources:

* Complete scopes of work

* NEAT/MHEA documentation is current and consistent with billing.

* Staff proficient in its use

* Evidence NEAT/MHEA is used with actual and true pre-post data (including costs).

3. Staff and contractors have not demonstrated proficiency in technical applications, including diagnostics.

4. Agency has a number of and severity of procedural findings (as related to programs rules, policies and procedures) and health and safety findings from previous monitoring report.

5. Agency does not comply with OSHA/DHS/OCS safety rules, as applicable.

6. The agency does not maintain a professional working relationship with OCS.

7. Past corrections were not made and reported in a timely manner.

8. Several "at-risk" elements are found in major categories for an agency.

At-Risk Agency Elements

At-risk agencies may be identified as a result of a variety of factors that may include:

1. The agency's probation, i.e. new agency / program.

2. There is evidence of significant administrative or program sub-standard performance; for example, repetitive pattern of findings, failure to have copies of permits on file or lack of compliance with historical preservation rules.

3. The agency is not in compliance with program policies, procedures and specifications.

4. The agency has repeated health and safety findings.

5. Agency staff members/crew has deficient technical skills.

6. There has been a change in key staff

7. There has been a change in key weatherization contractors.

8. The agency has deficient scopes of work (work plan is insufficient).

9. The agency has program specific audit findings.

10. The agency has fiscal specific audit findings

11. The agency files are incomplete or disorganized.

12. The agency staff is unresponsive to OCS requests and deadlines. For example, the agency consistently fails to provide monthly reports and contract closeouts in a timely manner.

13. Agency production is low relative to funding.

14. Other OCS programs (CSBG, LIEAP, Homeless) have indicated problems with or concerns about the agency.

15. At-risk agencies will be monitored no less than twice monthly. Other factors in the frequency of monitoring visits may be based upon the requirements of specific funding sources.

Performance Findings Correction Process

1. Each sub grantee shall be advised within 10 days after the conclusion of the monthly review process of any findings with a rating below "stable" resulting from the monitoring of its program. If the agencies performance rating is deficient in any category and the program is out of compliance with contract provisions or that the program is out of compliance with state or federal regulations, OCS shall issue preliminary findings which provide specific examples of each such issue, request corrective action on each deficiency rated below "stable" and offer assistance to the sub grantee in developing a corrective action plan.

2. Subgrantee shall respond to preliminary finding corrective action request within 15 days from receipt of the request. The response either shall include a corrective action plan which specifically addresses identified deficiencies or explain why the preliminary findings were in error.

3. OCS shall notify the sub grantee within ten days of the acceptance or rejection of all or parts of the sub grantee's response. The sub grantee shall be given an additional 10 days from the receipt of the Monitors notification to provide an acceptable corrective action plan for any remaining, unresolved deficiencies.

4. If after additional monitoring, unresolved deficiencies remain, OCS shall transmit to the sub grantee a finding of facts detailing the specific deficiencies, required corrective actions and establishing a 5 day time period for corrective action to take place.

5. If at the end of that 5-day period, specific corrective actions have not been effected, OCS shall inform the sub grantee of the sanctions which shall be applied due to noncompliance. Such sanctions may include but not be limited to withholding of funds, disallowance of costs, suspension of contract, or termination of contract. OCS shall inform the sub grantee of any appeal rites and procedures to state and federal authorities in the sanction transmittal.

L E V E R A G I N G A C T I V I T I E S

Leveraging Activities - Other Sources

DOE Funded Leveraging

The state will leverage utility funds and other non-federal funds where possible. Subgrantees will administer the Arkansas Weatherization Program, which is contracted through the largest Community Action Agency in the state.

Leveraged Resources - The program will allow subgrantees to use DOE vehicles/equipment for use in the Arkansas Weatherization Program for non-DOE houses. Subgrantees will use a cost allocation plan to determine the amount of funds to be reimbursed to the DOE program for use of its vehicles/equipment.

P O L I C Y A D V I S O R Y C O U N C I L

Arkansas Policy Advisory Council Meetings

The PAC will meet on January 21, 2011 for the purpose of holding a public hearing on the 2011-2012 State Weatherization Plan. Other items on the agenda will include the approval of minutes, planned 2010 PAC meeting, an update on the Weatherization Training Centers, a report on Weatherization Day 2010, and AWP Program update.

The PAC members are involved in weatherization activities such as training and Weatherization day activities and leveraging funds. Entergy is represented on the PAC and funds some weatherization activities of subgrantees each year. The State Energy Office is represented on the PAC and provides client education material for weatherization clients. Rural Development is represented on the PAC and provides funding to some weatherization subgrantees for housing rehabilitation.

Revised 12/30/05

WEATHERIZATION ASSISTANCE PROGRAM POLICY ADVISORY COUNCIL MEMBERS

TERM OF SERVICE

NAME/ADDRESS/PHONE

GROUP/ORGANIZATION REPRESENTED

EXPIR. DATE

Thomas E. Green Post Office Box 1437/S330 Little Rock, AR 72203 Phone: (501) 682-8715

Office of Community Services Ex-Officio

N/A

Rita Byers

Mainstream

300 South Rodney Parham Rd Ste 5

Little Rock, AR 72205-4774

Phone: (501) 280-0012 Ext 15

FAX: (501) 280-9267

E-Mail: ritabyers@yahoo.com

Elderly and Handicapped

1/11

Al West, Vice Chair Office of Human Concern Post Office Box 778 Rogers, AR 72757 Phone: (479) 636-7301 FAX: (479) 636-7312 E-Mail: alwest@eohc.org

Weatherization Subgrantee CAA Executive Director

1/11

Vacant

Beverly Palmer Weatherization Director Central Arkansas Development

Council Post Office Box 580 Benton, Arkansas 72018-0580 Phone: (501) 776-8446 FAX: (501) 778-9120 E-Mail: bpalmer@cadc.com

Weatherization Director

1/11

PAC - Term of Service Page 2

Mark Whitmer, Chair Weatherization Director Crawford-Sebastian Community

Development Council, Inc. 4831 Armour Street Post Office Box 4069 Fort Smith, AR 72914 Phone: (479) 785-2303 FAX: (479) 785-2341 E-Mail: mwhitmer@cscdccaa.org

At Large Position

1/11

Susan Recken

AR Department of Economic

Development 900 W Capitol, Suite 400 Little Rock, AR 72201 Phone: (501) 682-7334 FAX: (501) 682-7499 E-Mail: srecken@1800ARKANSAS.com

At Large Position

1/11

Martie North, V.P., and

Director of Community Development

325 W Capitol, Suite 100

Little Rock, AR 72201

Phone: (501) 978-2234

FAX: (501) 975-3596

E-Mail: mnorth@bankozarks.com

At Large Position

1/11

Kenny Gunn, Weatherization Dir. Crowley's Ridge Development

Council, Inc. Post Office Box 16720 Jonesboro, Arkansas 72403-6711 Phone: (870) 802-7100 ext. 120 Fax: (870) 935-0291 E-Mail: kennygunn@crdcnea.com

At Large Position

1/11

William Taft Wilson

Weatherization Director

Southwest Arkansas Development Council, Inc.

3902 Sanderson Lane

Texarkana, Arkansas 71854

Phone: (870) 773-5504

FAX: (870)774-1668

E-Mail: taftwilson@cableone.net

At Large Position

1/11

PAC - Term of Service Page 3

Kelly Lassiter, Manager

Rgulatory Affairs

CenterPoint Energy

401 W Capitol, Suite 600

Little Rock, AR 72201

Phone: (501) 377-4746

FAX: (501) 377-4701

E-Mail: kelly.lassiter@centerpointenergy.com

(This e-mail address has an underscore between

Public Utilities first, middle PAC - Term of Service

1/11

Patricia Atkinson Universal Housing

Development Council Post Office Box 846 301 Third Street Russellville, AR 72801-0846 Phone: (479) 968-5001 FAX: (479) 968-5002 uhdcpat@cox-internet.com

Housing

1/11

Jamie Stringfellow ENTERGY 1405 Hwy 62 SW Mountain Home, AR 72653 Cell: 870 866-6005 Home: 870 425-5178 FAX: 870-425-9011 E-mail: jstring@entergy.com

Public Utilities

1/11

Jane Todd

Public Service Commission

Post Office Box 400

Little Rock, AR 72203-0400

Phone: (501) 682-5988

FAX: (501) 682-5882

E-Mail: janie_gray@psc.state.ar.us

(This e-mail address has an underscore between

Public Service Commission first and last name)

1/11

Lawrence McCullough

Rural Development

USDA Service Center

Federal Building, Room 3416

700 West Capitol Avenue

Little Rock, AR 72201-3225

Phone: (501) 301-3200

FAX: (501) 301-3278

E-Mail: Lawrence.mccullough@ar.usda.gov

Vacant

Housing

Local Government

1/11

ARKANSAS WEATHERIZATION POLICY ADVISORY COUNCIL

BY-LAWS

ARTICLE I THE COUNCIL
Section 1 - Name

The name of the Council shall be the Arkansas Weatherization Policy Advisory Council (PAC).

Section 2 - Purpose

The purpose of the PAC shall be to promote the full development and utilization of the State's weatherization resources.

Section 3 - Membership

The PAC shall be appointed by the Office of Community Services' Assistant Director in consultation with the State Weatherization Directors and PAC, consistent with federal regulations. Membership shall consist of no more than fifteen members representing the following groups or organizations:

a. Office of Community Services (ex-officio)

b. Elderly and Handicapped c. Weatherization Subgrantees

CAA Executive Director Weatherization Directors (2)

d. Local Government e. Civic Group f. Public Utilities (2)

g. At-large Positions (4) Choose from the following: -Financial Institutions -Liquid Petroleum Gas Board -Health Department Plumbing Inspector -Fire Marshall -Other

h. Public Service Commission

i. Housing (2)

The term of office of PAC members shall be for three years and may be appointed to serve consecutive terms. Appointments shall be made during the regular meeting of the first quarter of the calendar year.

(08/94)

Members missing three consecutive regular meetings without cause, as determined by the total PAC membership, will be replaced at the next regular meeting of the PAC.

Section 4 - Authority

The PAC shall serve in an advisory capacity and will function as follows:

a. approve the state plan;

b. serve as a resource to secure additional funds for the State's

Weatherization Assistance Program;

c. make recommendations on the appropriate use of funds obtained from sources other than the Department of Energy;

d. make policy recommendations;

e. conduct the Public Hearings on the state plan; and

f. network with other Weatherization PACs in the country.

ARTICLE II OFFICERS
Section 1 - Officers The officers of the PAC shall be the Chairperson and Vice Chairperson.

Section 2 - Nomination of Officers

The Nominating Committee shall present a slate of officers in advance of the voting meeting. Additional nominations may be made from the floor. From this slate, the nominee receiving the majority vote shall be the officer.

Section 3 - Election and Term of Office
A. The officers shall be elected at the first regular meeting of the calendar year and assume their duties at the next meeting. They shall serve for one year or until their successors are elected.

B. Voting for officers shall be by written ballot unless the candidate has no opposition and then it may be by unanimous motion.

Section 4 - Duties

Chairperson: The Chairperson shall preside at all meetings of the PAC and perform all such services as are usually performed by the Chairperson of an organization and shall perform such duties as may be requested by the PAC and shall be ex-officio member of all committees except the Nominating Committee.

Vice Chairperson: The Vice Chairperson shall discharge the duties of the Chairperson in the absence of the Chairperson or in the event of his inability to act.

ARTICLE III PAC MEETINGS
Section 1 - Regular Meetings

The PAC shall meet on the fourth Tuesday of the third month of each quarter or at other times as specified by the Chairperson.

Section 2 - Special or Called Meeting

The Chairperson may call special meetings of the PAC as required. Upon receipt of written request from a majority of members of the PAC, the Chairperson shall call a special meeting of the PAC to convene within ten days.

Section 3 - Quorum

Five members of the PAC shall constitute a quorum for the transaction of business.

Section 4 - Voting

All actions of the PAC shall be determined by a majority vote of the members present and voting, except the adoption and amendment of the By-laws which shall be by a two-thirds vote of the members present. Proxy voting shall be allowed by persons authorized to attend and represent a member of the PAC.

Section 5 - Order of Business

The Chairperson and the Assistant Director of the Office of Community Services or designee shall be responsible for ordering the business of the PAC.

Section 6 - Rules

Roberts Rules of Order shall govern the procedures of the PAC.

ARTICLE IV COMMITTEES
Section 1 - Committees may be established by the PAC as requested, to deal with specific issues. Members shall be designated by the Chairperson.

ARTICLE V BY-LAWS AMENDMENT PROCEDURES
Section 1 - By-Laws Amendment Procedures

The By-laws may be amended at any regular meeting of the PAC by a two-thirds vote of the members present, provided that the proposed amendment has been submitted in writing and made available to all members at least two weeks prior to the meeting at which a vote is taken.

H E A R I N G S A N D T R A N S C R I P T S

STATE: Arkansas REGULATION REFERENCE: 440.14

DATE ADOPTED: 04/01/96

REVISED DATE: ____________

POLICY/PROCEDURES DOCUMENTATION

SUMMARY OF REQUIREMENT: Conduct Public Hearings throughout the state.

POLICY/PROCEDURE:

A draft of the State Plan is published prior to the hearing and held open for comment after the hearing. A Notice of Public Hearing is published in the statewide newspaper at least ten days prior to the hearing.

The State Plan is also promulgated through the Arkansas Administrative Procedures Act which requires that rules be published for review at least 30 days, filed with the Secretary of State, filed with the State Library, and the Arkansas Legislative Council to hold a public hearing on the rule. In addition, the State Plan is filed with the State Clearinghouse.

The State Plan implemented the new Weatherization Assistance Program Operations Manual as of 4/1/11.

THE ARKANSAS WEATHERIZATION POLICY ADVISORY

HOLIDAY INN PRESIDENTIAL CENTER

INTERSTATE 30

LITTLE ROCK, AR 72203

JANUARY 21, 2011

8:30-9:00 A.M.

IN THE MATTER OF:

WEATHERIZATION ASSISTANCE PROGRAM PUBLIC HEARING

APPEARANCES:

MR. MARK WHITMER, CHAIR

MS. BEVERLY PALMER PAC MEMBER

MS. SUSAN RECKEN PAC MEMBER

MR. WILLIAM TAFT WILSON PAC MEMBER

MR. THOMAS GREEN PAC MEMBER

MS. DORIS WRIGHT, STATE WEATHERIZATION PROGRAM MANAGER, ARKANSAS

OFFICE OF COMMUNITY SERVICES, DHS

PUBLIC ATTENDEES:

MS. SUNITA GOEL

MR. RANDY SMITH

MR. TONY GILBERT

MS. TIFFANY COPELAND

MS. JACKIE KING

MS. ADRIENNE GARDNER

MS. SUBRENA MCCOY

MS. DEANNA NEAL

MS DEBBIE BIGGS

MS. SUE ELLEN LUPIEN

MS. PHYLLIS HILL

MS. CANDY ROMAN

MR. CLARK PHILLIPS

MR. RANDY MCCALLISTER

MS. REBECCA GILBERT

MS BETTY FORREST

MR. DAVID KNIGHT

MR. ROGER LUTRELL

MR. CHRIS ERWIN

MR. MICHAEL HARRY

MS. CHIQUITTA BYRD

MS. CADESHA BENSON

MS. AMY BRYANT

MS. ROLANDA MEADE

MR. ROGER SMITH

MS. ADRIAN CORREA

MS. MELANIE FIDDS

MS. MELISSA MCWILLIAMS

MS. NIKKI WILSON

MR. WALTER BARRINGTON

PUBLIC ATTENDEES, CONTINUED:

MR. JACOB BRIGHT MS. DESIREE COLE MR. LOYD COLLINS MR. LARRY COGBURN MR. RICHARD BENEDIT MS. SUBRENA MCCOY MS. ROSALIND THOMPSON MR. BUDDY FORESTER MS. KRISTY FORD

I N D E X

Page

Opening Comments by Mr. Thomas Green ........ 73

Report by Mr. Doris Wright .............. 73

Public Questions/Comments .............. 75

EXHIBITS

No Exhibits.

WEATHERIZATION ASSISTANCE PROGRAM

PUBLIC HEARING

HOLIDAY INN PRESIDENTIAL CENTER

INTERSTATE 30

LITTLE ROCK, ARKANSAS 72203

JANUARY 21, 2011

8:30 - 9:00 A.M.

Ms. Wright: We're about to get started with the public hearing. If you will come on in and take your seats. Again, good morning. My name is Doris Wright and I'm the Weatherization Program Manager at the Department of Human Services, Office of Community Services. My purpose here today is to conduct a public hearing on the 2011-2012 Weatherization Assistance Program State Plan. We propose a one year plan.

The Department of Energy is operating under a continuing resolution until March 4, 2011. Therefore, for planning purposes, states are required to use the funding allocation received in the last program year. In this case $1,622,103 from the Department of Energy. The Weatherization Assistance Program will receive $5,299,878 from the Home Energy Assistance Program funds for fiscal year 2010 and carry forward is estimated to be $2,891,103.

The annual file is submitted to the Department of Energy and the master file is updated as appropriate at the Department of Human Services. There may be changes in reporting requirements, if there are changes required by the Department of Energy.

Grantees are expected to achieve a rate of production and expenditures that will result in all weatherization funds being spent by the end of each program year.

Effective April 1, 2011, the Office of Community Services will implement the Weatherization Assistance Program Operations Manual. Also effective April 1, 2011, the regular DOE program will be transferred back to the Pine Bluff Jefferson County Economic Opportunity Commission.

The Department of Energy has developed a standardized training curriculum which Arkansas will implement at two of the weatherization training centers that we have developed. One will be at Pulaski Technical College, the other will be at the Northwest Arkansas Community College.

Training and technical assistance will be provided in the following areas and on an as-needed basis: Management and administration, basic skills, contract training, consumer education, leveraging, rules and regulations, national energy audit, mobile home energy audit, and management information systems.

The following trainings have been tentatively scheduled: Minority women owned business enterprise workshop, January 20, 2011, Grant guidance, January 21, 2011; annual training conference July 13 through 15, 2011; skills training October 6 through 7, 2011.

With the development of the weatherization training centers the Office of Community Services will require all subgrantee personnel engaged in weatherization work to become certified. The curriculum leading to certification was based on DOE guidance.

The weatherization training centers will be used for general skills training provided annually and additional training as needed as determined by monitoring visits and monthly reports. Attendance by appropriate subgrantee personnel is required at all trainings. The effectiveness of state training will be evaluated annually. Attendance at trainings will include regional and national training sessions as provided.

The state compares productivity by use of monthly reports. These reports are compiled and shared with subgrantees annually. It is estimated that 45 percent of the training and technical assistance funds will be used for monitoring activity. Other funds will also be used for monitoring.

Weatherization services will be provided in all 75 counties by 15 subgrantees.

Funds for Indian tribes are taken from state allocations, however Arkansas has no recognized Indian tribes at this time.

Approximately 180 units will be weatherized with Department of Energy funds and approximately 239 units will be weatherized with Home Energy Program funds.

The state is requiring the use of the blower door on all units. Subgrantees receiving less than $350,000 will receive 10 percent of the United States Department of Energy funds for administration. Home Energy Assistance Funds are limited to 5 percent recommendation.

The state proposes up to $65,000 for leveraging using Home Energy Assistance funds, and up to $62,000 for pollution control insurance and $32,000 for client education, and these funds will be transferred from the American Recovery and Reinvestment Act budget. Funds will be used to weatherize homes if not expended for leveraging, pollution control insurance and client education.

Children are included in the priority system. Children are defined to be dependents under the age of 18 who are full-time students in a secondary school or equivalent technical or vocational training, who may be reasonably expected to complete the program before reaching the age of 19.

Financial audit, liability insurance and health and safety, Capital Intensive Efficiency and training in technical assistance will continue to be separate budget items.

Program income is defined as any funds earned from nonfederal sources during the course of performing weatherization work. The income generated must be used to complete additional houses in accordance with the program rules.

Each subgrantee is required to have a policy on procurement regarding building insulation products and material containing recovered materials in compliance with federal and state regulations.

All low-income Weatherization assistance Program subgrantees completing renovation work on pre-1978 houses are subject to the provisions of the federal regulation that requires that we give a notification to the occupant of the housing about potential hazards of lead-based paint. The renovators are required to give occupants a copy of the Environmental Protection Agency booklet "Renovate Right-Important Lead Hazard Information for Families, Child Care Providers and Schools" at least seven days prior to the start of any work. This requirement applies only to those homes covered by the Environmental Protection Agency rules. A house may be reweatherized if it was previously weatherized prior to September 30 of 1994.

The state will continue to have a policy advisory council as opposed to having a commission.

The Department of Energy has authorized replacement of refrigerators, electric water heaters, and cook stoves under certain conditions. The maximum average per unit cost for the 2011 program year will be $6,572.

The health and safety plan has been revised to include the health and safety issues that are typically found in the weatherization program. The action and reliability of each issue will be included, the testing requirement, the client education required, and the necessary training required. The state has revised its client consumer education checklist to capture this format and this information will be in the operations manual.

Expenditure for health and safety measures is 20 percent of the average personal dewelling unit cost.

The state which serves as a grantee of the Department of Energy is required to have procedures in place to ensure that priority is given to identifying and providing weatherization assistance to elderly persons, persons with disabilities, families with children, high residential energy users, and households with high energy burden. Multi-family buildings, because of their size, may often be high residential energy users.

The master file has been updated to include a revised mullti-family written plan which includes a geographical plan to address multi-family units.

The Arkansas Department of Human Services is in compliance with Title VI and VII of the Civil Rights Act and operates, manages, and delivers services without regard to age, religion, disability, political affiliation, veteran status, sex, race, color, or national origin.

If you need this material in a different format, such as large print, contact your Americans with Disability Act Coordinator at (501) 682-8922 for voice or (501) 682-8820 for TDD.

Written comments may be submitted by 4:30 p.m., February 21st, to Mr. Thomas Green, Assistant Director Office of Community Services

P.O. Box 1437, Slot SW-330 Little Rock, Arkansas 72203-1437.

This ends the public hearing. Are there any comments regarding this proposed plan? If so, please stand, state your name for the record and ask your question.

Yes. I had one question, Doris. Mark Whitmer, CSCDC, Fort Smith. When is the printed state plan going to be ready for review?

Ms. Wright: We had to make changes. As of the 18th we got our revised health and safety measures that DOE requires us to include in the plan. Those came in on the 14th. We were closed on the 17th and the revisions were made on the 18th. Our computers went down yesterday so we could not print anything. So as soon as our computers are back up we will be printing new versions.

Mr. Whitmer: Okay, Thank you.

Ms. Wright: Uh- huh, any other questions? If not, that concludes our public hearing for the 2011 state plan.

ADJUSTMENTS TO O N - L I N E

I N F O R M A T I O N

The maximum average per unit cost for FY 2011 is $6,500 per unit.

The state will use 200% of the poverty guidelines as the eligibility criteria. The Department of Energy definition of income will be used.

The expenditure limit for Health and Safety measures is 20% of the average per unit cost.

Arkansas will comply with Section 106 of 16 U.S.C. 470 the National Historic Preservation Act (NHPA).

Arkansas will implement the National Standards for Weatherization work and the companion set of knowledge, skills and attributes for the workforce involved in the residential energy efficiency retrofit industry.

M I S C E L L A N E O U S

Miscellaneous

Energy Audit: Arkansas uses NEAT for stick built homes and MHEA for mobile homes.

Success Stories: Arkansas will report success stories using the DOE prescribed format.

Financial Audits: The State office and each subgrantee has a Single Agency Audit in compliance with Circular A-133.

Reporting: Arkansas will comply with all of DOE's reporting requirements.

Historic Preservation: The Office of Community Services will notify the Arkansas Office of Historic Preservation prior to weatherizing any unit 50 years old or older.

Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.