33 Miss. Code. R. 2-3.9.1

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;

3.9.1.5 The timing of DWSIRLF payments will be as follows, provided the loan recipient is in compliance with the requirements of these regulations and all provisions of the loan agreement.

1. Upon execution of the loan agreement, 50% of the estimated planning and design allowance, as determined by Appendix B of these regulations, may be requested and paid.

2. Payments for eligible land may be requested and paid immediately after loan agreement execution, provided the Department has approved the purchase price and provided the loan recipient has submitted a bona fide option to purchase.

3. Upon (1) approval of all plans, specifications, and contract documents, and (2) submittal of clear site certificates from the loan recipient and title counsel for all loan eligible and ineligible real property, the remainder of the estimated planning and design allowance may be requested and paid.

4. Upon execution and submittal of all construction contracts within the project scope and upon issuance and submittal of the notice to proceed on all such contracts, any increase between the estimated and final planning and design allowance may be requested and paid. Any overpayment will be recovered in accordance with Rule 3.9.1.6 of these regulations.

5. Payments for construction phase professional services allowance, as determined by Appendix B of these regulations, may be requested and paid based upon incurred allowable costs as supported by invoices in accordance with the executed contracts. Such requested payment amounts are subject to verification by the Department. No more than 95% of the total construction phase professional services allowance will be paid until the requirements of Rule 3.7.7(9), (10), and (11) of these regulations have been met.

6. Payments for allowable construction work may be requested and paid based upon in-place work or materials and equipment delivered to the construction site, as specified in the construction contract, as supported by invoices and verified as accurate by the registered engineer and the loan recipient, less any retainage. Such requested payment amounts are subject to verification by the Department.

3.9.1.6 Any payments made to the loan recipient which are at any time determined by Department to be for costs not in accordance with the 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 DWSIRLF fund within 30 days of such notification by the Department. 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 may withhold such amounts from subsequent payment requests.

Notes

33 Miss. Code. R. 2-3.9.1

Miss. Code Ann. § 41-3-16(3)(b)

Amended 7/31/2016 Amended 5/25/2017