reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 2 - PROGRAM REQUIREMENTS › Subchapter 9 - DWSIRLF Financing › Rule 33-2-2.9.1

Current through June 25, 2024
The DWSIRLF has been established to provide low interest
					 loans to assist and encourage communities to make improvements to their
					 drinking water systems. Conditions of these loans are itemized in Rule
					 2.5.1(1) of these
					 regulations. Basic DWSIRLF financing requirements are as follows:
1. DWSIRLF loans may be limited at the
				  discretion of the Board based on funds availability or as otherwise stated
				  under state law.
2. The applicant's
				  project must be on the fundable or planning portion of the current year's
				  Priority List.
3. Terms of any
				  DWSIRLF assistance will be as established in the Intended Use Plan IUP for the
				  projects to be funded in each fiscal year and will be further established in
				  the loan agreement.
4. The
				  applicant must comply with the requirements of the SDWA and all applicable
				  state and federal laws, requirements and regulations.
5. The applicant must establish a dedicated
				  source of funds for repayment of the loan.
6. The applicant must not be in violation of
				  any provision of a previously awarded DWSIRLF or DWSELF loan agreement or any
				  other loan agreement.
7. As
				  determined by the Department, the applicant has complied or will comply with
				  any technical assistance recommendations provided by the Department.
8. Except for program administration
				  expenses, funds will not be disbursed from the DWSIRLF until a loan recipient
				  has entered into a loan agreement with the Board.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 2 - PROGRAM REQUIREMENTS › Subchapter 10 - Responsibility › Rule 33-2-2.10.1

Current through June 25, 2024
The applicant/loan recipient is responsible for the proper
					 planning, design, construction, operation, maintenance, replacement,
					 performance, and fiscal integrity of the project. The Department's approval of
					 any document does not relieve the applicant/loan recipient or any others of any
					 liabilities or responsibilities. Department approval of any document is for
					 loan eligibility/allowability purposes only and does not establish or convey
					 any such liability or responsibility.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 2 - PROGRAM REQUIREMENTS › Subchapter 11 - Other Approvals › Rule 33-2-2.11.1

Current through June 25, 2024
The applicant (or loan recipient) must obtain approval of
					 all necessary documents from each state, local, and federal agency having
					 jurisdiction over or funding in the project, if so required by that
					 agency.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 1 - Project Requirement › Rule 33-2-3.1.1

Current through June 25, 2024
All drinking water system projects funded by the DWSIRLF
					 must comply with the following requirements.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Facilities Planning › Rule 33-2-3.2.1 - Preplanning Guidance and Conference

Current through June 25, 2024
The Department will provide facilities planning guidance
					 to the loan applicant/recipient and/or its registered engineer, who may request
					 a preplanning conference with the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Facilities Planning › Rule 33-2-3.2.2 - Contents of a Facilities Plan

Current through June 25, 2024
All facilities plans must contain that information
					 described in the Department's guidance for DWSIRLF facilities plans, including
					 updates, and as may be required by Department pursuant to review of the
					 facilities plan. The facilities plan must also be prepared in accordance with
					 Appendices A, C, H, I, K, M, and N of these regulations. The facilities plan
					 must also include a financial capability summary in accordance with
					 Departmental guidance and must demonstrate that there are no proposed eligible
					 costs that could be avoided or significantly reduced by appropriate
					 consolidation of that public water system with any other public water system.
					 Should an applicant desire to omit or modify a portion of the facilities plan
					 as required by the Department's guidance for DWSIRLF facilities plans, approval
					 by the Department of such omission or modification must be obtained prior to
					 completion and submission of the facilities plan. The facilities plan must bear
					 the seal of the registered engineer responsible for preparation of this
					 document.
The loan applicant is required to hold a public hearing on
					 the facilities plan. A notice for the hearing must be published in an
					 appropriate local newspaper at least 30 days prior to the hearing date, and the
					 plan shall be available for public review during this period. Topics to be
					 discussed at the hearing include the facilities to be built, why they are
					 needed, where they will be built, how much they will cost, the average monthly
					 user charge, and the environmental impact. If a project change is significant
					 enough to require a Finding of No Significant Impact (FONSI) amendment, a new
					 public hearing may be required.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Facilities Planning › Rule 33-2-3.2.3 - Environmental Review Process

Current through June 25, 2024
Prior to approval of the facilities plan, the Department
					 will complete the appropriate portions of the environmental review procedure
					 described in Appendix C of these regulations, based upon the evaluation of
					 environmental impacts of the selected alternative as described in the
					 facilities plan.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Facilities Planning › Rule 33-2-3.2.4 - Submittal of Facilities Plan

Current through June 25, 2024
By the date specified in the Priority System the applicant
					 must submit the complete facilities plan to the Department for its review and
					 approval.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 2 - Facilities Planning › Rule 33-2-3.2.5 - Approval of Facilities Plan

Current through June 25, 2024
The Department will approve the facilities plan after
					 completing the appropriate environmental review procedure and after determining
					 that all facilities planning requirements have been met and are
					 approvable.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Application for DWSIRLF Loan › Rule 33-2-3.3.1 - Pre-application Guidance and Conference

Current through June 25, 2024
The Department will provide a loan application package to
					 the potential loan applicant and/or its registered engineer. The potential loan
					 applicant and/or its registered engineer may request a pre-application
					 conference with the Department as early in the application process as
					 practical.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Application for DWSIRLF Loan › Rule 33-2-3.3.2 - Contents of Applications

Current through June 25, 2024
All documents listed below must be complete and approvable
					 when submitted to the Department. When forms are provided by the Department,
					 these forms must be used, and they may not be altered. The DWSIRLF loan
					 application may request assistance only for costs that are allowable in
					 accordance with Appendices A and B of these regulations and may include a
					 construction contingency, as determined by the Department, in the project
					 budget. The application must include a Project Cost Breakdown. A complete
					 application package must conform to these regulations, including all
					 Appendices, and must include the following:
1. A complete DWSIRLF loan application form
				  with original signature.
2. A draft
				  user charge system and ordinance/corporate resolution.
3. All proposed or executed contracts for
				  bidding and construction phase professional services.
4. A procurement certification from the loan
				  applicant and the loan applicant's legal counsel.
5. A financial capability summary using the
				  most recent cost estimates, if different from planning estimates.
6. Completion of the intergovernmental review
				  process as described in Appendix K of these regulations and the final approval
				  letter from the State Clearinghouse.
7. A legal certification from the loan
				  applicant and the loan applicant's legal counsel.
8. A certified copy of a resolution by the
				  loan applicant's governing body which 1) authorizes the submission of the
				  application and 2) designates an authorized representative or office to make
				  application for assistance and to sign documents on behalf of the applicant, is
				  required to undertake and complete the project.
9. A copy of all existing or proposed
				  interlocal agreements related to this project, if applicable. Such agreements
				  must be executed by all appropriate parties and must be approved by the
				  Department prior to loan offer.
10.
				  A certification regarding debarment, suspension and other responsibility
				  matters, in accordance with Appendix F of these regulations.
11. Documentation of its tax exempt status
				  under either federal or state law, if the loan applicant is a water
				  organization other than a county, incorporated municipality, or
				  district.
12. An Internal Revenue
				  Service Form W-9.
13. All waste
				  disposal permit applications, if applicable.
14. All other forms, documents, and
				  supporting information required by the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Application for DWSIRLF Loan › Rule 33-2-3.3.3 - Submittal of application

Current through June 25, 2024
By the date specified in the Priority System the applicant
					 must submit the application to the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Offer of DWSIRLF Loan › Rule 33-2-3.4.1

Current through June 25, 2024
Upon determination by the Department that (a) all
					 applicable requirements of the DWSIRLF loan application have been met, (b) the
					 facilities plan has been approved, (c) the project is on the current year's
					 priority list, and (d) funds are available for the amount of the DWSIRLF loan
					 application, the Board Chairman or his designee will execute and transmit a
					 DWSIRLF loan offer to the loan recipient. In addition to the estimated
					 allowable project costs as described in Appendices A and B of these
					 regulations, the loan offer may include a construction contingency, as
					 determined by the Department, in the project budget.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 4 - Offer of DWSIRLF Loan › Rule 33-2-3.4.2

Current through June 25, 2024
Upon receipt of the DWSIRLF loan offer, the loan recipient
					 must completely execute and return it to the Department within the time frame
					 established in the DWSIRLF loan offer. The loan offer becomes void if not
					 executed and returned within the time frame specified, unless extended by the
					 Board Chairman or his designee.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 5 - Engineering Design › Rule 33-2-3.5.1 - Predesign Guidance and Conference

Current through June 25, 2024
The Department will provide design guidance to the loan
					 applicant/recipient and/or its registered engineer, who may request a
					 pre-design conference with the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 5 - Engineering Design › Rule 33-2-3.5.2 - Plans, Specifications and Contract Documents

Current through June 25, 2024
3.5.2.1
				  General Requirements.
1. Plans,
				  specifications, and contract documents must be prepared for all appropriate
				  elements of the project. These documents must conform to Department
				  requirements, to Appendices A, C, D, E, F, H, I, J, K, L, M, N, and O of these
				  regulations, and to the requirements of the most recent version of the
				  Departmental document "Recommended Minimum Design Criteria For Community Water
				  Supplies," and "Guidance for the Design of DWSIRLF Funded Drinking Water
				  Facilities," or their successor(s). Other recognized engineering publications
				  may be used for unit processes or technologies not described therein.
2. Plans, specifications, and contract
				  documents must also conform to such contract language, conditions, and forms as
				  may be required by the Department. The plans, specifications, and contract
				  documents must bear the seal of the registered engineer responsible for
				  preparation of these documents.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 6 - Construction Bidding and Loan Amendment › Rule 33-2-3.6.1

Current through June 25, 2024
Within the time frame established in the loan agreement,
					 the loan recipient must
1. Secure
				  Department approval of the plans, specifications and contract documents.
2. For all loan ineligible real
				  property and easements (including power and other utilities), complete the
				  appropriate requirements of the federal Uniform Relocation Assistance and Real
				  Property Acquisition Policies Act (The Uniform Act) as implemented by federal
				  regulation 49 CFR Part 24.101(a)(1) and (2) as applicable and submit
				  certification forms from both the loan recipient and the title counsel which
				  indicate that all such loan ineligible real property and easements for the
				  entire project have been secured by clear title.
3. Secure all local funds necessary for the
				  project and submit proof of such.
4. Upon completion of (1) through (3) above
				  and issuance of any other permits or clearances required for the project,
				  advertise the project for construction bids. All procurement actions by the
				  loan recipient must comply with state law and these regulations.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 6 - Construction Bidding and Loan Amendment › Rule 33-2-3.6.2

Current through June 25, 2024
Upon receipt of construction bids, the loan recipient must
					 then submit a) the completed DBE MBE/WBE documentation as required by Appendix
					 E of these regulations, b) the completed bid package, c) all necessary executed
					 contracts and amendments as described in Rule
					 3.3.2(3) of these
					 regulations, and d) a loan agreement amendment request (consistent with as-bid
					 construction costs, a construction contingency as determined by the Department,
					 and any professional services contracts and amendments) to the Department
					 within the time frame established in the loan agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 6 - Construction Bidding and Loan Amendment › Rule 33-2-3.6.3

Current through June 25, 2024
Upon receipt of the items listed in Rule
					 3.6.2 above, the Department will
					 review them to determine whether any request for an increased loan amount is
					 justified and allowable and whether funds are available. After determining that
					 all documents are approvable, the Department will transmit to the loan
					 recipient approval to execute the construction contracts.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 6 - Construction Bidding and Loan Amendment › Rule 33-2-3.6.4 - Amended Loan Offer

Current through June 25, 2024
3.6.4.1 After
				  receipt, review and approval of the loan agreement amendment request, the
				  Department may prepare and transmit an amended DWSIRLF loan offer to the loan
				  recipient. The loan offer will include in the project budget:
1. the approved as-bid amounts for
				  construction,
2. the final
				  allowance amounts for professional services in accordance with Appendix B of
				  these regulations,
3. a
				  construction contingency as determined by the Department, and
4. the original administrative
				  fee.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.1 - Construction

Current through June 25, 2024
3.7.1.1 Awarding Construction Contracts and
				  Preconstruction Conference.
Upon receipt of the approval to execute the construction
					 contracts and to issue the notice to proceed, the loan recipient must do so and
					 must transmit a copy of the executed construction contracts and the notice to
					 proceed to the Department within the time frame specified in the loan
					 agreement.
3.7.1.2 The loan
				  recipient will be responsible for assuring that every appropriate procedure and
				  incidental legal requirement are observed in advertisement for bids and
				  awarding the construction contracts. The plans, specifications, and executed
				  contract documents must not vary from those approved by the
				  Department.
3.7.1.3 The loan
				  recipient may arrange and hold a preconstruction conference and must allow
				  attendance and participation by the Department if such is held.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.2 - Observation During Construction

Current through June 25, 2024
3.7.2.1 During all
				  times that construction work is being performed, the loan recipient must
				  provide for full-time observation of the project by the registered engineer or
				  his staff and must require the registered engineer's assurance that the work is
				  being performed in a satisfactory manner in accordance with the loan agreement
				  and the approved plans, specifications, contract documents, and approved change
				  orders. Less than full-time observation may be allowed when approved by the
				  loan recipient.
3.7.2.2 The
				  Department is authorized to observe the building of any project at any time for
				  compliance with the terms of the loan agreement and to determine if the loan
				  recipient is assuring that plans, specifications and contract documents are
				  being followed. Such observation will not subject the Department to any legal
				  action for claims, damages or any other liability. Also, such observation will
				  not release the contractor from any obligation to perform the work in
				  accordance with the requirements of the contract documents or the registered
				  engineer from determining compliance with the requirements of the contract
				  documents or the loan recipient from insuring compliance with the terms of the
				  loan agreement.
3.7.2.3 The
				  contractor, registered engineer, and the loan recipient must furnish the
				  Department with every reasonable opportunity and means for determining whether
				  the loan recipient and registered engineer are assuring that the work is in
				  accordance with the requirements of the approved plans, specifications and
				  contract documents. The Department is authorized to observe and require
				  submission by the loan recipient of daily logs, full scale record drawings,
				  file notes, and any other documents prepared by any party in relation to the
				  DWSIRLF funded project.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.3 - Observation of Materials and Equipment

Current through June 25, 2024
The Department is also authorized to observe all equipment
					 and materials furnished, including observation of the preparation or
					 manufacture of the equipment and materials to be used.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.4 - Construction Deficiencies

Current through June 25, 2024
3.7.4.1 In the
				  event that it appears to the Department that the loan recipient and registered
				  engineer are not assuring that the construction work, materials, equipment or
				  supplies are in conformity with approved plans and specifications, the
				  Department may determine such work unallowable for DWSIRLF loan participation,
				  unless the loan recipient takes such action, through the registered engineer if
				  applicable, in the manner provided for in the construction contract to correct
				  any deficiencies.
3.7.4.2 The
				  Department may immediately withhold DWSIRLF loan payments for such time that it
				  appears that the loan recipient and registered engineer are not assuring that
				  construction work, materials, equipment or supplies are in accordance with the
				  approved plans, specifications and contract documents, and may require the loan
				  recipient to repay any previously paid amounts related to such work within 30
				  days of such notification.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.5 - Change Orders

Current through June 25, 2024
3.7.5.1 General.
1. In the event a determination is made by a
				  loan recipient after a construction contract is executed that changes or
				  modifications to the original contract are necessary or would better serve the
				  purpose of the loan recipient, such loan recipient may, at its discretion,
				  execute such change orders pertaining to the construction that are necessary
				  under the circumstances, as provided in the contract documents and when in
				  accordance with state law.
2.
				  Change orders must not change, vary, or alter the basic purpose or effect of
				  the project unless allowed by the Department. Change orders must be technically
				  adequate, the costs must be necessary and reasonable, and eligible/ineligible
				  costs must be appropriately separated.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.6 - Contractor Bankruptcy or Default

Current through June 25, 2024
In the event of a contractor bankruptcy or default, any
					 proposed agreements with the bonding company (other than the bonding company
					 serving as general contractor or fully bonding another contractor acting as
					 their agent) must be submitted for DWSIRLF loan allowability determination by
					 the Department prior to execution. If the loan recipient determines that
					 re-award of the construction contract or a portion thereof is necessary due to
					 contractor bankruptcy or default, such proposed re-award contracts must be
					 submitted for DWSIRLF loan allowability determination by the Department prior
					 to execution. The loan recipient will be responsible for assuring that every
					 appropriate procedure and incidental legal requirement are observed in
					 advertising for bids or otherwise re-awarding a construction contract, if this
					 course of action is taken.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.1

Current through June 25, 2024
Following final payment of DWSIRLF loan funds to the loan
					 recipient, or upon expiration of any deadlines established by the loan
					 agreement or the Department, the Department or other designated parties may
					 perform an audit of the DWSIRLF loan project for the purpose of determining
					 compliance with the loan agreement and to determine final allowable costs,
					 payments made to date, and any additional payments due the loan recipient or
					 repayment due the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.2

Current through June 25, 2024
Upon completion of the DWSIRLF audit (or if an audit is not
					 performed, following final payment of DWSIRLF loan funds to the loan recipient,
					 or upon expiration of any deadlines established by the loan agreement or the
					 Department), the Department will transmit to the loan recipient a copy of the
					 audit report, if performed, a final determination of allowable costs and
					 payments due the loan recipient or repayments due the State, and a final loan
					 agreement between the loan recipient, the Board, and, if applicable as
					 established under state law, the State Tax Commission.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.3

Current through June 25, 2024
Unless, within 30 days after the date of the above final
					 determination, the loan recipient submits a written appeal of the final
					 determination, including a written justification of the reason for the appeal,
					 and supporting documentation for any disputed costs of the final determination,
					 the final determination of allowable costs will become the final allowable
					 costs for purposes of DWSIRLF loan payments and the loan agreement, and the
					 loan recipient must execute and submit the final loan
					 agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.4

Current through June 25, 2024
Should an appeal be submitted in accordance with Rule
					 3.8.3 above, the disputes procedures
					 established in Appendix G of these regulations will be followed in order to
					 resolve the dispute and establish the final allowable costs. Upon resolution of
					 a dispute of the final determination, the Department will transmit to the loan
					 recipient a revised final loan agreement. The loan recipient must execute and
					 submit to the Department the final loan agreement within the deadline
					 established by the Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.5

Current through June 25, 2024
Upon receipt of an executed final loan agreement from the
					 loan recipient, repayment of the DWSIRLF loan will commence, or if applicable
					 as established under state law, the Department will transmit the loan agreement
					 to the State Tax Commission for execution and return to the
					 Department.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 8 - Post Construction Phase › Rule 33-2-3.8.6

Current through June 25, 2024
Upon such execution and return, the Department will
					 transmit a copy to the loan recipient, and repayment of the DWSIRLF loan will
					 commence under the terms of the executed final loan
					 agreement.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 9 - Payments to DWSIRLF Loan Recipients › Rule 33-2-3.9.1

Current through June 25, 2024
Payments from the DWSIRLF may be made to DWSIRLF loan
					 recipients under the following conditions:
3.9.1.1 Payments may be requested by and made
				  only to loan recipients, in accordance with the loan agreement and the loan
				  recipient's contracts for eligible and allowable services and construction for
				  work performed within the project scope and budget period.
3.9.1.2 Payments may be requested no more
				  often than on a monthly basis, except as required by state law or as allowed by
				  the Department.
3.9.1.3 The loan
				  recipient must deduct from all DWSIRLF payment requests the amount of funds
				  provided or to be provided from all other state and federal agency funding
				  sources for allowable DWSIRLF project costs.
3.9.1.4 Payment requests must be submitted by
				  the loan recipient to the Department and must include the following:
1. DWSIRLF payment request form with original
				  signature;
2. Cumulative invoices
				  for all allowable costs for which payment is requested except for the
				  facilities planning and design allowance as determined by Appendix B of these
				  regulations;
3. Any other documents
				  required by the loan agreement;
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 10 - DWSIRLF Loan Repayment Requirements › Rule 33-2-3.10.1

Current through June 25, 2024
Interest on amounts paid to the loan recipient shall
					 commence on the last construction contract completion date as established in
					 the initial loan agreement for the project, or one year after the date in the
					 initial loan agreement for issuance of the notice to proceed for the earliest
					 construction contract, whichever occurs first.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 10 - DWSIRLF Loan Repayment Requirements › Rule 33-2-3.10.2

Current through June 25, 2024
The amount of interest accrued between the date established
					 in Rule 3.10.1 above and
					 the initiation of the repayment process will be added to the final allowable
					 project costs to determine the principal amount to be repaid by the loan
					 recipient.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 10 - DWSIRLF Loan Repayment Requirements › Rule 33-2-3.10.3

Current through June 25, 2024
The loan repayment period will commence as soon as
					 practical after transmittal of the final loan agreement to the loan recipient
					 and end as established in the Intended Use Plan IUP under which the project is
					 funded. A reduced period may be provided, if so requested by the loan
					 recipient.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 10 - DWSIRLF Loan Repayment Requirements › Rule 33-2-3.10.4

Current through June 25, 2024
Repayments are to be made by counties on a semi-annual
					 basis through homestead exemption annual tax loss reimbursement withholdings,
					 by municipalities on a monthly basis through state sales tax withholdings if
					 adequate to provide such repayments, and by all other loan recipients through
					 submission of monthly repayments in accordance with state
					 law.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 10 - DWSIRLF Loan Repayment Requirements › Rule 33-2-3.10.5

Current through June 25, 2024
The repayment interest rate and the frequency of interest
					 compounding will be as established in the IUP under which the project is
					 funded.
Miss. Code Ann.
					 §
											41-3-16(3)(b)
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-D - Procurement Requirements for DWSIRLF Loan Recipients

Current through June 25, 2024
In the procurement of all construction, equipment,
				  materials, supplies, professional services and non-professional services and
				  all other costs related to the DWSIRLF project, all loan recipients must comply
				  with state purchasing laws as they apply to local governments.
The procurement and conduct of all professional engineering
				  and land surveying services must also be in accordance with the Code of Conduct
				  and other guidance and interpretations established by the Mississippi State
				  Board of Registration for Professional Engineers and Land Surveyors.
The procurement of all construction contracts must also be
				  in accordance with the rules and regulations of the State Board of Contractors
				  and other guidance and interpretations established by the Mississippi State
				  Board of Contractors.
All loan recipients must submit a procurement certification,
				  as required by the Department, indicating that all of the above referenced
				  requirements have been met. Should it be determined that any of the above
				  procurement requirements are violated, the Department may determine that the
				  related costs are unallowable and may require repayment of all DWSIRLF Loan
				  funds paid for such costs, in accordance with Rule
				  3.9.1.6 of these regulations.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-E

Current through June 25, 2024
DWSIRLF Disadvantaged Business Enterprise (DBE) Requirements
				  (formerly referred to as Minority and Women's Business Enterprise) (MBE/WBE)
				  Requirements
The Department will establish "fair share" objectives for
				  participation by minority and women's disadvantaged business enterprises (DBE)
				  in DWSIRLF funded projects. The loan recipient must undertake the following
				  steps in the procurement of non-professional services, equipment, supplies, and
				  construction:
(1) Include qualified minority and women's disadvantaged
				  businesses on solicitation lists.
(2) Assure that minority and women's disadvantaged
				  businesses are solicited whenever they are potential sources.
(3) Divide total requirements, when economically feasible,
				  into small tasks or quantities to permit maximum participation by disadvantaged
				  minority and women's businesses.
(4) Establish delivery schedules when practical which will
				  encourage participation by disadvantaged minority and women's
				  businesses.
(5) Use the services and assistance of the Office of
				  Minority Business Enterprise of the Mississippi Department of Economic and
				  Community Development and the Minority Business Development Centers of the U.
				  S. Department of Commerce, as appropriate.
(6) Require the contractor to take the steps listed above,
				  if the contractor awards subagreements.
The loan recipient, registered engineer, and prime
				  contractor(s) must also follow MBE/WBE DBE guidance documents provided by the
				  Department, unless otherwise approved by the Department.
DBE's Minority and women's business enterprises must be
				  certified by the Mississippi Office of Minority Business Enterprises, the
				  Mississippi Department of Transportation, or other agencies recognized by these
				  Departments.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-F - Debarment and Suspension

Current through June 25, 2024
The Board is prohibited from entering into loan agreements
				  with loan applicants that have been debarred or suspended by any state or
				  federal agency.
Loan recipients are prohibited from entering into
				  contractual agreements with individuals, businesses, organizations, or any
				  other entities that have been debarred or suspended by any state or federal
				  agency.
Loan recipients are responsible for ensuring that prime
				  contractors utilized on the project are not debarred or suspended. Likewise,
				  prime contractors are responsible for ensuring that subcontractors utilized on
				  the project are not debarred or suspended.
Anyone may contact the Board concerning the existence of a
				  cause for debarment or suspension. The Board may refer the matter to the State
				  Attorney General or other appropriate office for further investigation. If,
				  after review or investigation, the Board reasonably believes that a cause for
				  debarment exists, the Board may propose debarment or suspension and may
				  initiate procedures similar to, but not necessarily identical to, federal
				  regulation 40 CFR Part 32: Debarment and Suspension Under EPA Assistance
				  Programs.
Such above described debarment or suspension actions will
				  not affect existing executed contractual agreements, unless such agreements
				  have been terminated or suspended under the terms of the agreement by the loan
				  recipient.
Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-G - DWSIRLF Disputes Procedures

Current through June 25, 2024
Only DWSIRLF loan recipients may submit a notice of dispute
				  (disagreement) with a decision made by the Department, with the exception of
				  decisions regarding Appendix C, Environmental Review Process, of these
				  regulations. The following procedures will be used to resolve disputes between
				  the loan recipient and the Department.
(1) The loan recipient must submit a written notice of
				  dispute with a Department decision, including a summary of the dispute and
				  reasons the loan recipient believes the Department decision should be
				  reversed.
(2) The Department will then render a written decision on
				  the dispute and will include reasons for the decision.
(3) Should the loan recipient desire to appeal the second
				  Department decision, a request for an informal hearing must be received by the
				  Department within 30 days after the date of that decision. Upon receipt of such
				  a request, an informal hearing will be held with staff members, as designated
				  by the Board Chairman, and the affected parties. The Board Chairman, or his
				  designee, will render a decision on the appeal as a result of the informal
				  hearing.
(4) Should the loan recipient desire to appeal the above
				  informal hearing decision, a request for a formal hearing before the Local
				  Governments and Rural Water Systems Improvements Board must be received by the
				  Department within 30 days after the date of such decision. Upon receipt of such
				  a request, the Board will hold a formal hearing to consider the matter and will
				  render a decision.
(5) Appeals of the above formal hearing decision may be made
				  to the Chancery Court in accordance with state law.