Definitions

Definitions. The following words and terms, when used in these regulations, will have the following meanings, unless the context clearly indicates otherwise: 1. Act - The Mississippi House Bill 1421 of 2022 Regular Session and Senate Bill 2444 of 2023 Regular Session 2. Allowable Costs - Those project costs that are eligible, reasonable, necessary, allocable to the project, within the established project scope and budget, in conformance with the ARPA RWAIG program regulations and as approved by the Mississippi State Department of Health (Department). 3. Authorized Representative - The signatory agent of the applicant authorized and directed by the applicant's governing body to make application for assistance and to sign documents, on behalf of the applicant, required to undertake and complete the project. The signatory agent shall be a member or an employee of the applicant's governing body and may not be under a separate contract with the applicant at any time during the execution of the project. Binding Commitment – An ARPA RWAI grant offer, as described in these regulations. 4. Board - The Mississippi State Board of Health. 5. Change Order - The documents executed by the grant recipient and the construction contractor, upon recommendation of the registered licensed engineer if required by the contract documents, authorizing a change, alteration, or variance in the plans, specifications, and contract documents, including, but not limited to, additions or deletions of work to be performed pursuant to the contract or a change in costs or time for work performed pursuant to the contract. 6. Construction - Any one or more of the following: erection, building, acquisition, alteration, remodeling, improvement, or extension of drinking water systems. 7. Department - Mississippi State Department of Health and staff, and their designated representatives. 8. ARPA RWAIGP (Program) - The ARPA Rural Water Associations Infrastructure Grant Program. 9. Rural Water Association - a non-profit corporation or organized not for profit with a primary function to finance, construct, operate and maintain a rural water distribution system, which has the authority to collect, treat, store, and distribute piped water for human consumption. 10. Eligible Applicant - entity that meets one of the following criteria: A. is a Rural Water Association OR B. is operating as rural water association regardless of whether such entities were user created, were initially organized not for profit, or have been granted tax-exempt status under state or federal law OR C. is a nonprofit water or sewer provider not owned by a municipality or county and is not a Rural Water Association AND is currently operating as a not-for-profit entity AND has the authority under state law to receive ARPA RWAI grant assistance AND did not receive funding under this program in Round 1 or the Mississippi Municipality and County Water Infrastructure Grant Program Act AND has the ability to comply with these regulations and the requirements of the grant agreement. Eligible Applicant – A Rural Water Association or water organization that is user member created and has been granted tax exempt status under either federal or state law; has the authority under stat law to receive ARPA RWAI grant assistance; and has the ability to comply with these regulations and the requirement of the grant agreements. 11. Ineligible Applicant – state agency, county, incorporated municipality, district, or other water organization eligible for ARPA funding through other programs. 12. Eligible Cost - Eligible costs are those costs in which ARPA RWAI grant participation is authorized pursuant to applicable statute. 13. Financial Assistance - Grants by the Department from the ARPA RWAIG Program. 14. Grant Agreement - An agreement between the Department and the grant recipient through which the Program provides ARPA RWAI grant funds for eligible assistance and the recipient promises to follow the rules and regulations of the ARPA RWAI grant period over a period of the grant agreement. Also referred to as Sub-grant Agreement. 15. Grant Applicant - A Rural Water Association that makes application for assistance from the ARPA RWAI grant program. 16. Grant Recipient - A Rural Water Association that receives a Grant from the ARPA RWAI grant program. Also referred to as Sub- grantee. 17. May - whenever used in the context of an action to be taken by the grant applicant/recipient the word will be interpreted as optional but is not mandatory. 18. Shall - whenever used in the context of an action to be taken by the grant applicant/recipient the word will be interpreted as mandatory. 19. Shall Not - whenever used in the context of an action by the grant applicant/recipient such action is prohibited by these regulations PWSS – Public Water System Supervision. 20. Plans, Specifications and Contract Documents - The engineering description of the project including engineering drawings, maps, technical specifications, design reports and construction contract documents in sufficient detail to allow contractors to bid on and construct the work. 21. Schedule of Awards - The schedule of awards established by the Department to ensure all funds are obligated by the deadline established by the rules and guidelines of the United States Department of the Treasury for ARPA funds. 22. Project - The scope of work for which assistance is offered under the ARPA RWAIG program. 23. Project Completion - The date of the final construction observation as performed by the Department for the purpose of an allowability determination. 24. Protest - A written complaint to the grant recipient concerning the grant recipient’s solicitation or award of a contract. The protest shall be filed with the grant recipient by a party with a direct financial interest adversely affected by a grant recipient’s procurement action. 25. Public Water System (PWS) - A system for the provision to the public of piped water for human consumption, if such a system has at least fifteen service connections or regularly serves at least twenty-five individuals. This includes any collection, treatment, storage and distribution facilities under the control of the operator of a PWS or used primarily in connection with a PWS. 26. Registered Licensed Engineer - The engineer, registered licensed by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors, retained or employed by the grant recipient to provide professional engineering services during the planning, design, and/or construction of the project.