New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:34B-1.4 - Noncompliance and default

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any of the
				  following events shall constitute an event of default under the grant agreement
				  and noncompliance with this chapter:
1.
				  Failure by the school 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 school district contained in the
				  agreement, or in any instruction furnished in compliance with or with reference
				  to the grant agreement or the grant, is false or misleading in any material
				  respect;
3. A determination made by
				  the Authority that:
i. The grant was obtained
				  by fraud; or
ii. Gross abuse or
				  corrupt practices have occurred in the administration and/or management of the
				  delegated portions of the school facilities project by the district;
4. A failure to commence
				  construction of the school facilities project within 18 months after the
				  commencement date, subject to unavoidable delays (for exmaple, delays due to
				  wars, floods, hurricanes, tornadoes, acts of terrorism, earthquakes, and other
				  acts of God);
5. A failure to reach
				  final completion of the school facilities project on or before the completion
				  date, subject to unavoidable delays (for example, delays due to wars, floods,
				  hurricanes, tornadoes, acts of terrorism, earthquakes, and other acts of
				  God);
6. The district's use of
				  grant moneys for costs that are not approved costs;
7. The suspension or cessation of work on the
				  delegated portion of the school facilities project 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 wars, floods, hurricanes, tornadoes, acts of terrorism,
				  earthquakes, and other acts of God;
8. The district's award or issuance of a
				  contract, or payment of an invoice for work performed by a contractor,
				  subcontractor, consultant or subconsultant who has not been prequalified by the
				  Authority, if such prequalification would be required for the performance of
				  similar work on an Authority-managed school facilities project;
9. The disbursement of grant moneys by the
				  district to a firm which is debarred, suspended or disqualified from State or
				  Authority contracting or to a firm which has not been prequalified;
10. The district's failure to permit the
				  Authority, DCA, the Department or the State Comptroller immediate entry to or
				  inspection of, the school facilities project, the project site, or project
				  files or related files located at the site or at district offices, or at
				  another location within the control of the district; or
11. The district's utilization of grant funds
				  to pay for additional work, increased scope or changes to the work without
				  appropriate approval or authorization by the Authority, and/or the
				  Department.