Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 5 - Payments to DWSELF Loan Recipients › Rule 33-1-3.5.1

Current through June 25, 2024
Payments from the DWSELF may be made to DWSELF loan
					 recipients under the following conditions:
3. 5.1.1 Payments may be requested by and may be made only
					 to loan recipients, in accordance with the DWSELF loan agreement and the loan
					 recipient's contracts for eligible and allowable services and
					 construction/repair for work performed within the project scope and budget
					 period.
3. 5.1.2 Excluding the payment requests for the
					 administration fee, payments may be requested no more often than on a monthly
					 basis, except as required by state law. Payment requests can not include costs
					 incurred during two different state fiscal years, therefore two payment
					 requests may be submitted in July: one for costs incurred through June 30th and
					 a second for costs incurred after June 30th.
3. 5.1.3 The loan recipient must deduct from all DWSELF
					 payment requests the amount of funds provided or to be provided from all other
					 state and federal agency funding sources for allowable DWSELF project
					 costs.
3. 5.1.4 Payment requests must be submitted by the loan
					 recipient to the Department staff and must include the following:
1. DWSELF payment request form;
2. Invoices for all allowable costs for which
				  payment is requested, except that invoices need not be submitted for any
				  administration fee included in the loan agreement; and
3. Any other documents required by the loan
				  agreement;
3. 5.1.5 The timing of DWSELF payments will be as follows,
					 provided the loan recipient is in compliance with the requirements of this
					 regulation and all provisions of the DWSELF loan agreement.
1. Payment for the administration fee must be
				  the first payment request submitted and will be paid to the appropriate
				  Department administration fund.
2.
				  Payments for design and construction phase services may be requested and paid
				  based upon incurred allowable costs. Such requested payment amounts are subject
				  to verification by the Department staff. No more than 85% of the total
				  planning/design and construction phase services contract amounts will be paid
				  until submission of: the determination of construction completion by the loan
				  recipient; performance of the final construction observation by Department
				  staff; submission of the final pay request; submission of approvable summary
				  change orders on all construction contracts; submission of record drawings on
				  all construction contracts, if applicable; submission of the certification from
				  a registered engineer that the project has been constructed substantially in
				  accordance with the approved plans, specifications, and contract documents;
				  submission of loan recipient's resolution of acceptance of each
				  construction/repair contract; submission final construction phase services
				  contract amendments, if any; and compliance with all other applicable
				  provisions of the DWSELF loan agreement. Upon completion of these actions, the
				  remainder of the planning/design and construction phase services contract
				  amounts may be requested and paid.
3. Payments for allowable construction/repair
				  work may be requested and paid based upon in-place work or delivered materials
				  and equipment as specified in the construction/repair contract, and as
				  supported by invoices and verified as accurate by the registered engineer, if
				  applicable, and the loan recipient, less any retainage. Such requested payment
				  amounts are subject to verification by the Department staff.
4. Payments for eligible land may be
				  requested and paid immediately after loan agreement execution, provided the
				  Department has approved the purchase price prior to loan award and proof of the
				  purchase price has been submitted with the payment request. Within 30 days
				  after purchase of the loan eligible real property, clear title certification
				  forms from both the loan recipient and the title counsel must be submitted to
				  the Department.
3. 5.1.6 Any payments made to the loan recipient which are
					 at any time determined by Department staff to be for costs not in accordance
					 with the DWSELF loan agreement, for ineligible or unallowable costs, or for
					 costs related to waste, fraud, abuse or illegal acts under state or federal
					 law, must be repaid to the DWSELF fund within 30 days of such notification by
					 the Department staff. Interest may be charged on such delinquent repayments
					 after expiration of the 30-day period at a rate of ten (10) percent per annum,
					 compounded monthly. Alternatively, the Department staff may withhold such
					 amounts from subsequent payment requests.
Miss. Code Ann.
					 §
											41-3-16(3)(b)