New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.4 - Noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any of the
				  following events shall constitute an event of default under the agreement and
				  noncompliance with this chapter:
1. Failure
				  by the district to observe and perform any duty, covenant, condition or
				  agreement on its part to be observed or performed under the grant agreement,
				  which failure shall continue for a period of 30 days after receipt of written
				  notice specifying such failure and requesting that it be remedied is given to
				  the district by the Authority, unless the Authority shall agree in writing to
				  any extension of such time prior to its expiration, provided, however, that if
				  the failure stated in such notice is correctable but cannot be corrected within
				  the applicable period, the Authority may not unreasonably withhold its consent
				  to an extension of such time up to 120 days from delivery of the written notice
				  referred to above or if corrective action is instituted by the district within
				  the applicable period and diligently pursued until the event of default is
				  corrected;
2. Any representation
				  made by or on behalf of the district contained in the agreement, or in any
				  instruction furnished in compliance with or with reference to the section 13(a)
				  delegation agreement or the grant, is false or misleading in any material
				  respect;
3. A determination is made
				  by the Authority that:
i. The grant was
				  obtained by fraud; or
ii. Gross
				  abuse or corrupt practices have occurred in the administration of the capital
				  maintenance project by the district;
4. Subject to unavoidable delays (for
				  example, delays due to weather, strikes, acts of God or other causes similarly
				  beyond the control of the district), the construction or the acquisition and
				  installation of the capital maintenance project has not commenced within 18
				  months after the commencement date;
5. Subject to unavoidable delays, the
				  construction or the acquisition and installation of the capital maintenance
				  project has not reached final completion on or before the completion
				  date;
6. The district has utilized
				  grant moneys for costs that are not approved costs;
7. Work on the capital maintenance project
				  has ceased without good cause as agreed to by the Authority. The term "good
				  cause" shall include, but not be limited to, circumstances beyond the control
				  of the district or any of the contracted parties such as fire, flood, riot or
				  strike;
8. The district has
				  contracted with a contractor, subcontractor, consultant or subconsultant who
				  has not been pre-qualified by the Authority, if such prequalification would be
				  required for the performance of similar work on an Authority managed school
				  facilities project;
9. The district
				  has disbursed grant monies to a firm which is debarred, suspended or
				  disqualified from State or Authority contracting or to a firm which has not
				  been pre-qualified; or
10. The
				  district fails to permit the Authority, DCA, or the State Comptroller immediate
				  entry or inspection.