DDW-2024-008278

State of Utah

SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF DRINKING WATER
Nathan Lunstad
Director
Drinking Water Board
Kristi Bell, Chair
Eric Franson, P.E., Vice-Chair
Dawn Ramsey
Justin Maughan
Corinna Harris
Jeff Coombs
David O. Pitcher
Blake Tullis, Ph.D.
Kimberly D. Shelley
Nathan Lunstad
Executive Secretary
M E M O R A N D U M
TO: Sheri Witucki, Contract/Grant Analyst
DAS, Finance
THROUGH: Wayne Boyce
DDW Finance Manager
FROM: Michael J. Grange, P.E.
Assistant Executive Secretary
DATE:
SUBJECT: Bicknell Town
Agreement # 3F2019A
Tax ID # 87-0310084
Contract #
Bicknell Town was authorized ARPA funding by the Drinking Water Board on September 1,
2023, in the amount of $100,000 for emergency spring line repairs. Attached is an ARPA Grant
Assistance agreement for the grant portion in the amount of $100,000 to Bicknell Town. It will be
paid from Fund _______ in conjunction with loan 3F2019A once expenditures have been
submitted and approved.
Please sign the agreement and return it to Linda Ross at [e-mail]. If you have any
questions, please contact me at [phone] or [e-mail]. You may also contact
Wayne Boyce at [phone] or [e-mail].
Thanks
Michael Grange
Assistant Executive Secretary
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
Contract#
SR F Loan #
Amount:
Recipient:
Tax ID#
3F2019A
$100,000
Bicknell To wn
87-0310084
AMERICAN RESCUE PLAN ACT of 2021
RECIPIENT AGREEMENT
FOR ARPA GRANT ASSISTANCE
STATE OF UTAH
Department of Environmental Quality
Drinking Water Board
This Recipient Agreement (the "Agreement") is entered into by and between the State of Utah,
Department of Environmental Quality, Drinking Water Board (hereinafter the "BOARD") and
Bicknell To wn
an applicant for construction funding under the Drinking Water Board provisions contained in
R309-705 of the Utah Administrative Code as authorized by Utah Code Title 73, Chapter 10c,
(hereinafter the "RECIPIENT"). Pursuant to the provisions of the Statute, and the powers and
functions of the Drinking Water Board, the BOARD hereby finds and determines, based upon the
formal application of the RECIPIENT, the evidence provided by the RECIPIENT to the BOARD
and its staff, and information developed by the BOARD in its own investigations and at the
hearings on the application of the RECIPIENT, the following, that:
1.The RECIPIENT is a political subdivision of the State of Utah or a Utah Corporation.
2.The BOARD has determined that construction funding is necessary to complete the
proposed Project as described hereafter as Exhibit-I.
3.The RECIPIENT has been authorized by the BOARD pursuant to Section R309-705 of
the Utah Administrative Code and as authorized by Utah Code Title 73-1 0c-4 to receive
funding for the project.
Based upon these findings, the BOARD is authorized and empowered to, and does hereby, enter
into the following Agreement with the RECIPIENT. Recipient Agreement- Pagel
GENERAL PROVISIONS
1.The BOARD shall provide the RECIPIENT the amount of$ 100,000 (FUNDING
AMOUNT) for the completion of the Project as described in Exhibit-I, Work Description
and Cost Breakdown.
2.The RECIPIENT shall complete the Project described in Exhibit-I, Work Description and
Cost Breakdown. Work must be completed, and final reimbursement requests submitted
by November 30, 2026 or this Agreement may be canceled by written notice from the
BOARD to the RECIPIENT. No work completed after receipt of the notice shall be
reimbursable.
3.The RECIPIENT shall notify the BOARD in writing of any proposed modifications to the
Project which alters Exhibit-I, Work Description and Cost Breakdown. If such
notification is not received, the cost of the proposed modification will be disallowed.
4.The FUNDING AMOUNT shall be deposited with other funds, including other principal
forgiveness or loan monies, necessary to complete the Project into a supervised escrow
account at the time this Agreement is executed. All disbursements from the escrow
account must be reviewed and approved in advance by the RECIPIENT and the BOARD.
Any unused funds remaining in the escrow account upon completion of the Project,
limited to the FUNDING AMOUNT or a pro-rata share, must be retumed to the BOARD.
5.The RECIPIENT shall comply with all laws which normally govern its affairs in regard to
contracts, fiscal procedures and procurement procedures.
6.The RECIPIENT shall indemnify and hold harmless the State ofUtah, the Department of
Environmental Quality, the Division of Drinking Water, the BOARD and their officers,
agents and employees from and against any and all loss, damage, 'injury, liability, and
claims, including claims for personal injury or death, damages to personal property and
liens of workmen and materialmen, howsoever caused, resulting directly or indirectly
from the performance of this Agreement by the RECIPIENT, or the operations of the
Project and the culinary water system for which this Project is a part including attorneys
fees and costs in the investigation or defense of any claim, whether or not the claim has
merit.
7.The RECIPIENT shall be ari independent contractor, and, as such, shall have no ·
authorization, express or implied� to bind the State of Utah, the Department of
Environmental Quality, the Division of Drinking Water, or the Drinking Water Board to
any agreement, settlement, liability, or understanding whatsoever, nor to perform any acts
as agent for the State of Utah, except as herein expressly set forth.
Recipient Agreement -Page2
.,
8. RECIPIENT expenditures under this Agreement determined by audit to be ineligible for
reimbursement because they were not authorized by the terms and conditions of this
Agreement, or that are inadequately documented, and for which payment has been made
to the RECIPIENT will be immediately refunded to the BOARD by the RECIPIENT
.upon written demand of the BOARD. The RECIPIENT further agrees that the BOARD
shall have the right to withhold any or all subsequent payments under this or other
contracts to RECIPIENT until recoupment of overpayment is made.
9. This Agreement may be altered, modified, or supplemented only by written amendment,
executed by the parties hereto, and attached to the original signed copy of this
Agreement. No claim for services furnished by the RECIPIENT, not specifically
authorized by this Agreement will be allowed by the BOARD.
10. If it is determined that in any manner the construction agreement was improperly made or
entered into, or if the monies are or were used improperly or contrary to the terms of this
agreement, the RECIPIENT shall pay to the BOARD the amount of all monies and
benefits received by the RECIPIENT by the BOARD.
11. The RECIPIENT agrees, in accepting the proceeds, to comply with all applicable state
and federal regulations related to the Utah State Revolving Fund administered by the
Drinking Water Board. These requirements include, but are not limited to, Title XIV of
the Safe Drinking Water Act of 1996, 0MB Circular A-133 , the Utah Federal State
Revolving Fund Program (R309-705 of the Utah Administrative Code), the Utah Money
Management Act, the Utah Procurement Code and the State of Utah Legal Compliance
Audit Guide.
Recipient Agreement -Page3
EXECUTION
NOW, THEREFORE, by virtue of the authority contained in Utah Code Title 73 , Chapter 10c, as
amended, the parties hereto mutually agree to perform this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~day
of Outo be.f--, 20 21 . This Agreement will take effect upon approval as evidenced by the
appropriate signatures .
RECIPIENT
Bicknell Town
PO Box 96
Bicknell, UT 84715
By:_~
Noreen Johnson
Mayor
~~ " o ·. I .
By· . . . .
~
Kelsey Brinkerhoff
Town Clerk
STATE
APPROVED -DRINKING WATER BOARD
By: _____________ _
Date: -------
Michael J. Grange, P.E.
Assistant Executive Secretary
APPROVED -DMSION OF FINANC E
By: _____________ _
Date: -------
Sheri Witucki
R ecipient Agreement - P age4
STATE OF UTAH
COUNTY OF: WAYNE
)
:ss
)
JURAT
On this t,.\\V\ day of C;x:;.,\o\t.s , 20~, personally appeared before me Noreen Johnson and
Kelsey Brinkerhoff, who being by me duly sworn did say they are the duly elected Mayor and
Recorder, respectfully, of Bicknell Town, a political subdivision of the State of Utah or Utah
Corporation, and that the foregoing instrument was signed in behalf of said political subdivision
or corporation by authority of a motion of its governing body passed on the '1"TVl day of '$~\fl,.LCA..
, 20~ and said persons acknowledged to me that said political subdivision or corporation
executed the same.
•
CARRIE BR INKE RHOFF
Notary Public . State of Utah
Commission # 721577
My Commission~
November 17, 2025
My Commission Expires:
Cwvl/2-& f½-01 ,\l\l'J1 L ~
Notary Public, residing at:
;).\S w ~60 D \O;-;£'~ lk--tc,..k
Date:()cW,fA L\:~, ~3
Recipient Agreement -Page5
Exhibit No. 1
WORK DESCRIPTION & COST BREAKDOWN
Bicknell Town
RECIPIENT AGREEMENT
FOR ARPA GRANT ASSISTANCE
PROJECT DESCRIPTION
Bicknell Town has requested and been approved for construction funding from the Drinking
Water Board. This construction funding is for emergency spring line repairs for Bicknell Town.
To partially fund this work, the Board authorized construction funding of $100,000.00 to the
Town.
SCOPE OF WORK
(Please attach a copy of the scope of work)
Recipient Agreement -Page6