016.20.03 Ark. Code R. § 007 - Weatherization Assistance Program

DIVISION OF COUNTY OPERATIONS OFFICE OF COMMUNITY SERVICES

UTILITY WEATHERIZATION ASSISTANCE PROGRAM

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CONTRACT FOR SERVICES

BETWEEN THE

STATE OF ARKANSAS

DEPARTMENT OF HUMAN SERVICES/

DIVISION OF COUNTY OPERATIONS/

OFFICE OF COMMUNITY SERVICES

(hereinafter referred to as the DHS/DCO/OCS/or GRANTEE)

AND

(hereinafter referred to as the SUB-GRANTEE)

FOR

UTILITY WEATHERIZATION PROGRAM FOR LOW-INCOME PERSONS

This contract is effective on ________________ and will terminate on

_______________ .

This contract is subject to the availability of funds.

Subject to the Terms and Conditions of this contract, and any Special Conditions, the Department of Human Services/ Division of County Operations/Office of Community Services, hereby awards Contract Number UWP __-__ to the Sub-Grantee.

This contract is to be used solely for the purpose of carrying out the Utility Weatherization Program for Low-Income Persons and is to be used as follows:

Increase Benefits $

Expand Eligibility $

Customer Outreach $ ______________

Liability Insurance $ Financial Audit $

Administration $

TOTAL $

____________________________ ____________________________

(Signature) (Signature)

Thomas E. Green ____________________________

(Type in Name) (Type in Name)

Assistant Director ____________________________

(Title) (Title)

____________________________ ____________________________

(Date) (Date)

UTILITY WEATHERIZATION PROGRAM FOR LOW INCOME CUSTOMERS AGREEMENT

TERMS AND CONDITIONS

PURPOSE OF CONTRACT

The SUBGRANTEE agrees to provide all services specified in this CONTRACT as described in the terms and special conditions of the contract and approved by DHS/DCO/OCS. Said terms and special conditions are incorporated herein by reference. DHS/DCO/OCS agrees to make available utility funds to the SUBGRANTEE for the purposes set forth in the CONTRACT in accordance with the approved terms and special conditions. The terms of this CONTRACT are contingent upon the terms of the grant award between DHS/DCO/OCS. If the terms of said award become null and void, so does the terms of the CONTRACT. Funds will be deobligated and awarded to another agency if not being expended in a timely manner.

I. Definitions

A. "Eligible Electric Home,") when used in this Agreement, shall mean a home that:

1. is a single family structure;

2. is an utility customer

3. meets the household income requirements set forth in the current Federal Poverty Guidelines of up to 200% of poverty.

B. "Eligible Fossil Home," when used in this Agreement, shall mean a home that:

1. is a single family structure;

2. is an utility customer

3. has a central electric cooling system and has a fossil fuel heating system; and

4. meets the household income requirements set forth in the current Federal Poverty Income Guidelines of up to 200% of poverty.

C. "Eligible Home" shall be the term used herein when referring collectively to Eligible Electric Homes and Eligible Fossil Homes.

D. "Eligible Measures," as used in the Agreement, shall mean any of the following:

1. Reducing the infiltration of outside air into the structure.

2. Install and/or increase attic insulation to R-38 when existing insulation is less than R-19.

3. Install floor insulation a minimum of R-19.

4. Installation of storm windows over single glazed windows.

5. Adding wall insulation of R-11 when existing insulation is R-0.

6. Electric water tank insulation blanket installation, pipe insulation installation, low-flow shower heads and faucet aerator installation, electric space heater repairs, and utility efficiency counseling; provided that such measures described in this subpart vi of this section 1.d. shall only be "Eligible Measures: if done in conjunction with those measures listed in one of subparts i to vi of this section 1.d.

7. Refrigerators to be updated as the NEAT Audit recommends.

8. Electrical wiring to be updated where ceiling insulation can be installed.

9. Repair/replace heating/cooling, kitchen range units (electrical and fossil fuels) as circumstances dictate.

10. Cooling measures to be installed as needed (mini blinds, screens, fans, etc.)

11. Necessary repairs are to be installed on units to protect other measures and to extend permanency (interior, exterior, plumbing, etc.).

12. Other measures as recommended.

13. Administration and general operating costs used for the implementation of the utility program.

E. COMPLIANCE REQUIREMENTS

1. All activities authorized by the CONTRACT shall be performed in accordance with applicable conditions, relevant directives, guidelines, assurances and requirements as attached hereto or, otherwise, provided by the DHS/DCO/OCS. The SUBGRANTEE acknowledges adherence to all applicable special conditions to which the DHS/DCO/OCS is subject, as well as issuance of policy directives from DHS/DCO/OCS.

F. INSURANCE

1. The SUBGRANTEE agrees to procure and keep in force for the terms of this CONTRACT, adequate insurance (including liability insurance for utility projects for personal injury and for property damage), issued by a reputable insurer, licensed to do business in Arkansas, as will adequately protect the interest of the DHS/DCO/OCS and the SUBGRANTEE and will insure the funds granted herein shall be used for the purposes set forth.

G. PROCUREMENT

1. SUBGRANTEE is to operate in compliance with the Department of Utility Financial Assistance Rule 10 CFR 600 and procurement standards with the Office of Management and Budget Circulars A-102 or A-110 as applicable.

H. AUDIT

1. All SUBGRANTEES are required to conduct a single agency audit in accordance with OMB Circular A-133, covering all funds received by the agency. A copy of the report will be provided directly to DHS.

a. Audits shall be made in accordance with the General Accounting Office (GAO) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions; the GAO Guidelines for Financial and Compliance Audits of Federally Assisted Programs; OMB-approved audit compliance supplements; and general accepted auditing standards established by the American Institute of Certified Public Accountants.

b. An audit shall be conducted and the results reported in accordance with OMB Circular A-133, and the audit work papers and reports shall be retained for a minimum of three years from the audit.

c. If the audit report does not meet the standards of Circular, A-133, the subgrantee will receive notice as to what further action, if any, is necessary to meet the requirements. The cost of an audit that does not meet these requirements may be disallowed as charge against utility program funds.

d. Audits shall be made annually and submitted to OCS 120 days after the audit has been completed. The audit must meet standards set forth in Circular A-133.

e. All subgrantees shall submit a closeout report of their utility program funds thirty days after the end of the fiscal year.

I. PAYMENTS TO SUBGRANTEE AND BUDGET CATEGORIES

1. DHS/DCO/OCS will reimburse the

SUBGRANTEE based upon their monthly report and request for funds up to the CONTRACT limit.

All expenditure determinations will be made in accordance with the Financial Assistance Rule 10 CFR 600, Program Rule 10 CFR 440 and applicable cost principles, either Office of Management and Budget Circular A-87 or A-122.

J. RECORDS AND ACCOUNTS

1. The SUBGRANTEE, at its principal office or place of business shall maintain, using accepted procedures, complete and accurate accounts and records reflecting all matters and activities covered by the CONTRACT. The SUBGRANTEE shall maintain records for a period of three years from the date of audit, except in cases where unsolved audit questions may require maintaining all records for a longer period. Furthermore;

Accounting for equipment, material, and supplies shall be as follows:

a. Non-expendable equipment, material and/or supplies purchased with Utility Program funds where the original cost exceeds $5000.00 and has a life expectancy of one year or more, must have prior approval from DHS/DCO/OCS.

b. Rental or annual lease of equipment or vehicles, where total cost of SUBGRANTEE exceeds $5000.00, must have prior approval from DHS/DCO/OCS.

c. All term purchases of equipment by the SUBGRANTEE shall have prior approval of DHS/DCO/OCS and shall list the SUBGRANTEE as owner and shall list DHS/DCO/OCS as having the first lien on such purchases.

d. Comprehensive and current equipment and material inventories for expendable and nonexpendable items shall be maintained and reported to DHS/DCO/OCS as required.

e. The SUBGRANTEE agrees that within thirty days of the expiration of the CONTRACT, or any renewed CONTRACT negotiated under this grant, all equipment, material and supplies purchased with Utility funds and not properly expended, will be made available for return to DHS/DCO/OCS.

K. REPORTING

1. The SUBGRANTEE shall complete and submit to the DHS/DCO/OCS, a Utility Weatherization Program Data Progress Report. The SUBGRANTEE shall be reimbursed only after the report has been received and verified by DHS/DCO/OCS. The DHS/DCO/OCS reserves the right to withhold funds contingent upon the receipt and verification of all items listed.

The SUBGRANTEE shall furnish to the DHS/DCO/OCS, such progress and periodic reports in such form and quantity as the DHS/DCO/OCS, may, from time to time, require including, but not limited to, status reports of the project, fiscal reports statements, certificates, approvals, proposed budgets, copies of all subcontracts executed and proposed, follow-up reports and any and all other information relative to the project, including specific questionnaires as determined by OCS to be necessary to carry out its responsibilities.

L. ASSIGN AND TRANSFER

1. The SUBGRANTEE is not permitted to assign or transfer any provision of the CONTRACT except as follows:

The SUBGRANTEE is permitted to enter into a third party contract to fulfill the labor obligation of this CONTRACT.

M. AFFIRMATIVE ACTION

1. The parties agree that they will comply with

Affirmative Action Regulations as set forth by the Office of Federal Compliance Contracts Program.

The Department of Human Services (DHS) and its contractor/service provider will not discriminate against any employee, client or applicant for employment services because of physical or mental disability. The DHS and its contractor, subcontractor/service provider agree to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

The DHS and its contractor, sub-contract/service provider further agree to comply with the rules and regulations promulgated by federal funding sources. DHS and its contractor, sub-contractor/ service provider will comply with all Federal statutes relating to non-discrimination. These include but are not limited to:

(a) Title VI of the Civil Rights Act of 1964 ( P.L. 88-352 ) which prohibits discrimination on the basis of race, color, or national origin;

(b) Title IX of the Education Amendments of 1972, as amended ( 20 U.S.C.§ 6181-1683, and 1685-1686, which prohibits discrimination on the basis of sex;

(c) Section 504 of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. 794 ), which prohibits discrimination on the basis of handicaps;

(d) the Age Discrimination Act of 1975, as amended ( 42 U.S.C. § 6101-6107 ) which prohibits discrimination on the basis of age;...

(h) Title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. § 36001 et seq.) as, amended, relating to non-discrimination in the sale, rental or financing of housing;

(i) any other non-discrimination provisions in the specific statutes(s) under which application for Federal assistance is being made;

(j) the requirements of any other non-discrimination provisions in the specific statute(s) which may apply to the application; and

(k) the Americans with Disabilities Act of 1990, as amended.

N. DISCLOSURE

1. "Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation to any rule, regulation or policy adopted pursuant to that Order, shall be a material breach of the terms of this contract: Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency."

O. ENTIRE AGREEMENT

1. This CONTRACT, when signed by the DHS/DCO/OCS and the SUBGRANTEE constitutes the full and complete understanding of all parties and may not be in any manner interpreted or fulfilled in contradiction and its expressed terms as provided herein. This CONTRACT may be cancelled by either party upon thirty days receipt of written notice by either party.

P. MISCELLANEOUS

1. This Agreement is intended as the complete and exclusive statement of the Agreement between the parties. Parol or extrinsic evidence shall not be used to vary, contradict or add to the express terms of this Agreement, recourse shall not be had to alleged prior dealings, usage of trade, course of dealing or course of performance to explain or supplement the express terms of this Agreement. This Agreement shall not be amended or modified, and no waiver of any provision in this Agreement shall be effective, unless set forth in a written instrument authorized and executed by duly designated and authorized representatives of the parties with the same formality of this Agreement.

2. Any failure by any party to insist upon strict performance of any provision of this Agreement or failure or delay in exercising any rights or remedies provided in this Agreement or by law shall not be deemed a waiver of the right of such party to insist upon strict performance of any of its rights and remedies.

3. If any provision of this Agreement shall be void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

4. The rights, obligations and remedies of the parties as specified under this Agreement shall be interpreted and governed in all respects by the laws of the State of Arkansas. All disputes concerning this Agreement which the parties cannot mutually resolve shall be decided by a competent federal or state court within the State of Arkansas.

5. This Agreement contains the entire understanding between the Parties relative to Utility Weatherization for Low-Income Utility Customers and supersedes all prior and collateral communications and understandings between the Parties in respect thereto.

UTILITY WEATHERIZATION ASSISTANCE FUND

PROGRAM COMPONENT	EST. COST
Increase Weatherization Benefits To Customers at or Below 125% of Poverty
Expansion of average per home by $5,000 per home, Using $2,500 adjusted average	$ 945,000
Expansion of number of homes, using only Entergy Customer money	$2,306,000
Repairs to minimize walk-aways	$ 350,000
Expand Range of Customer Eligibility for Weatherization Upgrades
Expand Income Eligibility to 200% of Poverty
Participants with income above 125% of poverty but less than 200% of poverty, may receive weatherization benefits up to $5,000.	$ 440,000
Customer Outreach
Outreach to inform residential customers of Program availability	$ 105,000
Energy bill counseling outreach to specific Customers	$ 60,000
Program Implementation Support and Administration
Administrative costs for DHS (5%)	$ 234,000
Development of infrastructure and program Administration	$ 260,000
* Train new weatherization contractors as necessary
* Assist subgrantees in handling increased administration burdens
TOTAL	$4,700,000

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2003 POVERTY INCOME GUIDELIN

INCOME LEVELS

SIZE OF FAMILY UNIT	75%	100%	125%	150%
ONE	6,735.00	8,890.00	11,225.00	13,470.00
TWO	9,090.00	12,120.00	15,150.00	18,180.00
THREE	11,445.00	15,260.00	19,075.00	22,890.00
FOUR	13,800.00	18,400.00	23,000.00	27,600.00
FIVE	16,155.00	21,540.00	26,925.00	32,310.00
SIX	18,510.00	24,680.00	30,850.00	37,020.00
SEVEN	20,865.00	27,820.00	34,775.00	41,730.00
EIGHT	23,220.00	30,960.00	38,700.00	46,440.00
EACH ADDTIONAL MEMBER ADD	2,355.00	3,140.00	3,925.00	4,710.00

ALLOCATION FORMULA

AGENCY	PERCENTAGE
BRAD	3.210%
CADC	20.880%
CAPCA	5.250%
CRDC	13.400%
C-SCDC	4.860%
CSO	3.170%
MCAEOC	3.150%
M-DCS	4.750%
NADC	4.060%
OHC	7.770%
OOI	4.840%
PB-JCEOC	6.460%
SEACAC	4.050%
SWADC	5.450%
LONOKE COUNTY	1.330%
UHDC	7.370%
TOTAL	100.000%

OFFICE OF COMMUNITY SERVICES ARKANSAS WEATHERIZATION SUBGRANTEES

		County
BRAD	Mr. Jim Jansen, Executive Director Black River Area Development Corp. 1403 Hospital Drive Pocahontas, Arkansas 72455 Telephone: (870) 892-5219 FAX: (870) 892-0707 Email: bsisco@tcac.net Mr. Steve Whittaker, Weatherization Director (870) 892-5219 Ext. 246	Clay Lawrence Randolph
CADC	Mr. Larry Cogburn, Executive Director Central Arkansas Development Council 722 Gaunt Street Post Office Box 580 Benton, Arkansas 72018 Telephone: (501) 315-1121 FAX: (501) 778-9120 E-mail: ccunningham@cadc.cc Ms. Beverly Palmer, Weatherization Coordinato Central Arkansas Development Council Telephone: (501) 315-1121 E-mail: bpalmer@cadc.cc	Calhoun Clark Columbia Dallas Hot Spring Montgomery Ouachita Pike Saline Union Pulaski r
CAPCA	Ms. Phyliss Fry, Executive Director Community Action Program for Central Arkansas, Inc. 707 Robins, Suite 118 Conway, Arkansas 72034 (physical address) Post Office Box 1044 Conway, Arkansas 72032 Telephone: (501) 329-3891 FAX: (501) 329-8642 E-mail: phyliss@cyberback.com Ms. Freda Paul, Weatherization Director (501) 329-3891 Ext. 25 E-mail: freda@cyberback.com	Cleburne Faulkner White
CRDC	Mr. Robert Wilford, Executive Director Crowley's Ridge Development Council 249 South Main Street Post Office Box 1497 Jonesboro, Arkansas 72401 Telephone: (870) 935-8610 FAX: (870) 935-0291 E-mail: rwilford@crdcnea.com Mr. Kenny Gunn, Weatherization Director Telephone: (870) 935-8610 Ext. 11 E-mail: kgunn@insolwwb.net Ms. Ashley Bowie (Information such as Budget	Craighead Crittenden Cross Greene Jackson Poinsett St. Francis Woodruff )
C-SCDC	Mr. Weldon Ramey, Executive Director Crawford-Sebastian Community Development Council, Inc. 4831 Armour Street Post Office Box 4069 Fort Smith, Arkansas 72914 Telephone: (479) 785-2303 FAX: (479) 785-2341 E-mail: wramey@cscdccaa.org Mr. Mark Whitmer, Weatherization Director (479) 785-2303 Ext. 111 E-mail: mwhitmer@cscdccaa.org	Crawford Sebastian
CSO	Mr. Leon Massey, Executive Director Community Services Office, Inc. 105 A Cedar Post Office Box 1175 Hot Springs, Arkansas 71901 Telephone: (501) 624-5724 FAX: (501) 624-1645 E-mail: lemass@csohs.org Mr. Roberto Garcia, Weatherization Director	Garland
MCAEOC	Mr. Sam Scruggs, Executive Director Mississippi County, Arkansas Economic Opportunity Commission, Inc. 2513 Atlanta Street Post Office Drawer 1289 Blytheville, Arkansas 72316-1289 Telephone: (870) 532-2348 FAX: (870) 532-2625 E-mail: vdavn@arkansas.net (sec. to Sam) Mr. Evans Johnson, Weatherization Director	Mississippi
M-DCS	Ms. Margaret Staub, Executive Director Mid-Delta Community Services, Inc. Post Office Drawer 745 Helena, Arkansas 72342 Telephone: (870) 338-6406 FAX: (870) 338-3629 E-mail: mstaub@cox-internet.com Ms. Sue Gatchel, Weatherization Director (870) 338-6406 Ext. 13	Lee Monroe Phillips Prairie
NADC	Mr. Larry Goodwin, Executive Director Northcentral Arkansas Development Council, Inc. 550 9th Street Post Office Box 3349 Batesville, Arkansas 72503 Telephone: (870) 793-5765 FAX: (870) 793-2167 E-mail: nadc_larry@yahoo.com Mr. Billy Carlton, Weatherization Director	Fulton Independence Izard Sharp Stone
OHC	Mr. Bill Brown, Executive Director Office of Human Concern, Inc. 506 East Spruce Street Post Office Box 778 (mail address only) Rogers, Arkansas 72757 Telephone: (479) 636-7301 FAX: (479) 636-7312 E-mail: bbarohc@aol.com Mr. Wayne Kirby, Weatherization Director	Benton Carroll Madison Washington
OOI	Mr. Roger Ratchford, Executive Director Ozark Opportunities, Inc. PO BOX 1400 Harrison, Arkansas 72602 Telephone: (870) 741-9406 FAX: (870) 741-0924 E-mail: ooi@alltel.net Mr. Darwin Arnold, Weatherization Director Ozark Opportunities, Inc. 213 East 5th Street, Suite 1 Mountain Home, Arkansas 72653 Telephone: (870) 425-5118	Baxter Boone Marion Newton Searcy Van Buren
PB-JCEOC	Ms. Betty Smith, Executive Director Pine Bluff-Jefferson County Economic Opportunities Commission, Inc. Post Office Box 7228 (Mail Address Only) 1001 Linden Street Pine Bluff, Arkansas 71611 Telephone: (870) 536-0046 FAX: (870) 535-7558 E-mail: pbjceoc@cei.net Ms. Brenet Smith, Weatherization Director Telephone: (870) 535-6699	Arkansas Cleveland Jefferson Lincoln Grant
SEACAC	Mr. Larry Henderson, Executive Director Southeast Arkansas Community Action Corporatio Abernathy & Thomas C. Brunson Drive Post Office Box 312 Warren, Arkansas 71671 Telephone: (870) 226-2668 FAX: (870) 226-5637 E-mail: larryhenderson@ccc-cable.net Ms. Betty Forrest, Weatherization Director (870) 226-2668 Ext. 306 E-mail: forrestb@seark.net	Ashley n Bradley Chicot Desha Drew
SWADC	Mr. Tom Lockard, Executive Director Southwest Arkansas Development Council, Inc. 3902 Sanderson Lane Texarkana, Arkansas 71854 Telephone: (870) 773-5504 FAX: (870) 772-6540 Email: cirby@cableone.net Mr. Calvin Black, Weatherization Director Telephone: (870) 772-5758	Hempstead Howard Lafayette Little River Miller Nevada Sevier
UHDC	Mr. Joe Miller, Executive Director Universal Housing Development Corporation 301 East Third Street Post Office Box 846 Russellville, Arkansas 72801 Telephone: (479) 968-5001 FAX: (479) 968-5002 E-mail: uhdc@cswnet.com Mr. Loyd Collins, Weatherization Director	Conway Franklin Johnson Logan Perry Polk Pope Scott Yell
*LONOKE COUNTY	#The Honorable Charlie Troutman Lonoke County Weatherization Lonoke County Courthouse 301 North Center Street, Suite 201 Lonoke, Arkansas 72086 Telephone: (501) 676-6563 FAX: (501) 676-3038 E-mail: NONE Mr. Paul Verkler, Weatherization Director	Lonoke

*Represents County Government Agency

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Notes

016.20.03 Ark. Code R. § 007

9/4/2003