reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.5 - Design of the capital maintenance project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  design consultant shall design the capital maintenance project in accordance
				  with the preliminary project report.
(b) When the detailed plans and
				  specifications are completed, the district shall submit them to the Authority
				  with an updated CWE, to review for consistency with the initial scope of work
				  provided pursuant to
19:34A-2.3(a)
, if applicable, and for the Authority to make a final eligible cost
				  recommendation for the capital maintenance project to the Department, pursuant
				  to
6A:26-3.5
. At the same
				  time, or before or after the determination by the Department of final eligible
				  costs, pursuant to
6A:26-3.5
,
				  the district shall submit the detailed plans and specifications to the
				  Department for approval of final educational adequacy, if applicable, pursuant
				  to
6A:26-5.4
.
1. If the updated CWE provided by the design
				  consultant is less than or equal to the preliminary eligible costs, the final
				  eligible costs shall equal the updated CWE.
2. If the updated CWE is greater than the
				  preliminary eligible costs:
i. The Authority
				  shall, in consultation with the district and the Department, determine whether
				  changes can be made in the scope of the capital maintenance project to reduce
				  costs but not impact the facilities efficiency standards and, if such changes
				  can be made, the CWE shall be adjusted accordingly and the final eligible costs
				  shall equal such adjusted CWE.
ii.
				  If the Authority determines that it is not possible to make changes in the
				  capital maintenance project either because the additional costs are the result
				  of factors outside the control of the district or the additional costs are
				  required to meet the facilities efficiency standards, the Authority shall
				  recommend to the Department to accept the updated CWE as the final eligible
				  costs.
iii. If the Authority
				  determines that the additional costs are the result of factors that are within
				  the control of the district or are the result of design factors that are not
				  required to meet the facilities efficiency standards, the district shall either
				  make the appropriate changes to reduce costs or agree to pay such additional
				  costs.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.6 - Construction or acquisition and installation of the capital maintenance project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an
				  authorization-to-proceed with the construction phase, the district shall
				  proceed to bid for contractors, if applicable, or for goods and services, in
				  accordance with the PSCL. All contractors engaged by the district shall be
				  pre-qualified by the Authority.
(b)
				  The district shall forward to the Authority for review and approval:
1. The construction phase checklist attached
				  to the agreement;
2. A contractor
				  certification in the form attached to the agreement;
3. Acceptable documentation of insurance
				  coverage; and
4. A CWE which has
				  been adjusted to take into account the award of the construction
				  contract(s).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 3 - GRANT AMOUNT AND DISBURSEMENT OF THE GRANT › Section 19:34A-3.1 - Grant amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Since the
				  delegation to the district of the capital maintenance project shall commence
				  prior to the determination of final eligible costs, the Authority shall provide
				  funding to the district in an amount equal to 100 percent of the costs for
				  approved preconstruction design work and design work required to be performed
				  to prepare the detailed plans and specifications. Any amounts paid by the
				  Authority shall upon determination of final eligible costs be applied to the
				  State share.
(b) The grant shall be
				  used only to pay for approved costs. Approved costs shall be reasonable, as
				  determined by the Authority, pursuant to policies and procedures to be
				  established and updated from time to time.
(c) The grant amount shall equal the State
				  share of the final eligible costs of a capital maintenance project, as
				  adjusted. The CWE and grant amount shall be adjusted by the Authority at the
				  following time points: when the Authority receives the preliminary project
				  report (if the delegation occurred at the preconstruction phase), after the
				  Authority receives the final project report, upon award of the construction
				  contract(s), and upon any change orders.
(d) Upon final completion, the CWE shall be
				  adjusted to reflect the final approved costs of the capital maintenance project
				  and the final grant amount shall equal the State share plus the costs of any
				  change orders for which the district is not responsible.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 3 - GRANT AMOUNT AND DISBURSEMENT OF THE GRANT › Section 19:34A-3.2 - Disbursement schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disbursement
				  of grant funds shall be made at intervals as work progresses and expenses are
				  incurred by the district and approved by the Authority for payments.
(b) Total disbursements shall not exceed the
				  grant amount.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 3 - GRANT AMOUNT AND DISBURSEMENT OF THE GRANT › Section 19:34A-3.3 - Disbursement documentation and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				  disbursement of grant funds for expenses incurred by the district shall be made
				  until the Authority receives all the documentation required for that
				  disbursement.
(b) Disbursement
				  documentation under (a) above shall include:
1. An invoice with a complete description of
				  the costs incurred;
2. A payment
				  voucher signed by an authorized officer of the district;
3. Submission of acceptable documentation of
				  required insurance coverages; and
4. Completion to the satisfaction of the
				  Authority of certifications or checklists as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 3 - GRANT AMOUNT AND DISBURSEMENT OF THE GRANT › Section 19:34A-3.4 - Closeout procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Closeout shall occur when all applicable
				  administrative actions and all required work have been completed by the
				  district. This process shall include the steps enumerated below:
1. In the event there are any grant proceeds
				  which have not been expended on approved costs, such unexpended grant proceeds
				  shall be released to the Authority and the amount of the grant shall be reduced
				  by the amount of the unexpended proceeds.
2. (Reserved)
3. The district shall refund to the Authority
				  any grant funds spent on any costs which were disallowed by the Authority as
				  not being approved costs. Such refund shall be made within 30 days of the
				  request by the Authority.
4. If a
				  final audit has not been performed on behalf of the district prior to closeout
				  of the capital maintenance project, the Authority retains the right to recover
				  any appropriate amount after full consideration of any recommendation on
				  disallowed costs resulting from the final audit.
5. The Authority may require additional
				  information from the district or its consultants and contractors and/or retain
				  any grant amount not disbursed until closeout is completed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall design and construct the capital maintenance project pursuant to the
				  plans and specifications and as approved by the Department pursuant to
				  18A:7G-5. Any changes in the
				  capital maintenance project which may impact educational adequacy (the number,
				  size, configuration, location or use of educational spaces) shall be reviewed
				  and approved by the Department as required under
				  6A:26-4.9 and this chapter prior
				  to such changes being made.
(b) The
				  district shall, with all due diligence, proceed to construct or acquire and
				  install the capital maintenance project in accordance with the plans and
				  specifications, as applicable. If during the construction or acquisition and
				  installation of the capital maintenance project, the district determines that a
				  change in a construction contract is required, it shall comply with any and all
				  requirements for approval of a request for a change order pursuant to
				  6A:26-4.9, any other applicable
				  Department regulations, and this chapter.
(c) The district shall promptly notify the
				  Authority in writing of events or proposed changes in the scope of the capital
				  maintenance project, and schedule for completion and/or any other significant
				  changed conditions concerning the capital maintenance project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.3 - Fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall administer moneys pursuant to this chapter, the section 13(a) delegation
				  agreement and any contracts entered into in connection with an approved
				  preconstruction activity and a capital maintenance project free from bribery,
				  graft and corrupt practices. The district has the primary responsibility for
				  the prevention, detection and cooperation in the prosecution of any such
				  conduct. The Authority shall have the right to pursue administrative or other
				  legally available remedies in the event it suspects the occurrence of such
				  conduct.
(b) The district shall
				  diligently pursue judicial and administrative remedies and take any other
				  appropriate remedial action with respect to any allegations or evidence of such
				  illegality or corrupt practices. The district shall immediately notify the
				  Authority in writing when any such allegation or evidence comes to its
				  attention and shall periodically advise the Authority and the State Comptroller
				  in writing of the status and ultimate disposition of any related
				  matter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.4 - Debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district and its consultants or
				  contractors shall not enter into a contract for work or an approved
				  preconstruction activity or capital maintenance project with any person or firm
				  that has been debarred, suspended, or disqualified from State, NJEDA, Authority
				  or Federal government contracting.
(b) The district shall insert in all
				  contracts with all contracted parties, and all contractors and consultants
				  shall insert into all of their contracts with all subconsultants and
				  subcontractors, a clause stating that the contracted party, its subconsultants
				  or subcontractors may be debarred, suspended or disqualified from contracting
				  and/or working on the approved preconstruction activity or capital maintenance
				  project if the contracted party commits any of the acts listed in N.J.A.C.
				  17:19-3 or any applicable regulation issued by the Authority or the
				  NJEDA.
(c) The district's bid
				  specification for any work on an approved preconstruction activity or a capital
				  maintenance project shall require all bidders to submit a sworn statement by
				  the bidder, or an officer or partner of the bidder, indicating whether or not
				  the bidder is, at the time of the bid, included on the State Treasurer's, the
				  NJEDA's, the Authority's, or the Federal government's list of debarred,
				  suspended or disqualified bidders as a result of action taken by any State or
				  Federal agency, as the case may be. Bid specifications for the approved
				  preconstruction activity or capital maintenance project shall state that the
				  district shall immediately notify the State, the Authority and the NJEDA in
				  writing whenever it appears that a bidder is on the Treasurer's, the
				  Authority's, the NJEDA's or the Federal government's list. The State, the
				  Authority, and the NJEDA reserve the right in such circumstances to immediately
				  suspend such bidder from contracting and/or engaging in work on the approved
				  preconstruction activities or capital maintenance project and to take such
				  other action as it deems appropriate pursuant to N.J.A.C. 17:19-3 or any
				  applicable regulation issued by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.6 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions
				  received by the Authority under this chapter which are government records as
				  defined in the Open Public Records Act,
				  P.L.
				  2001, c. 404, shall be
				  made available to persons who request their release as provided by State
				  law.
(b) Press releases and other
				  public dissemination of information by the school district concerning the
				  capital maintenance project shall acknowledge Department approval and Authority
				  financial assistance when such assistance is provided.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.7 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall make available records and accounts pertaining to the capital
				  maintenance project undertaken by the Authority to the State Comptroller, and
				  the State Auditor in their investigations, examinations and inspections of the
				  activities related to the financing and undertaking of preconstruction
				  activities. The Authority shall also cooperate, upon request, in sharing
				  information with other entities.
(b) The school district shall keep these
				  records and accounts for the capital maintenance activities as necessary in
				  order to evidence compliance with the Act and all applicable regulations and
				  requirements. Such records shall be retained for 10 years following substantial
				  completion of the school facilities project and any additional period required
				  for the resolution of litigation, claims or audit findings.
(c) The Authority shall keep those records
				  and accounts and shall require all contracted parties to keep those records and
				  accounts for the capital maintenance project as necessary in order to evidence
				  compliance with the Act and all applicable regulations and requirements. Such
				  records shall be retained for 10 years following completion of the capital
				  maintenance project and any additional period required for the resolution of
				  litigation, claims or audit findings.
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-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				  are proposed by the New Jersey Schools Development Authority (the "Development
				  Authority," "Authority" or "SDA") to implement Section 13.e of the Educational
				  Facilities Construction and Financing Act,
				  P.L.
				  2000, c. 72, as amended
				  by section 24 of
				  P.L.
				  2007, c. 137
				  (collectively, the "Act"). Section 13.e of the Act provides that the
				  Development Authority shall promulgate rules by which the Authority shall
				  determine the capacity of SDA school districts to manage a school facilities
				  project or projects identified by the Authority. These rules outline the
				  process and criteria for making such capacity determinations, providing for a
				  two-step decision-making process: the first step for the purpose of evaluating
				  a school district's abilities to manage the administrative, financial and other
				  areas of responsibility relevant to capital facilities; and the second, for the
				  purpose of assessing the capacity of the school district to manage the
				  delegable portion of a particular school facilities project.
(b) When the Authority determines that a
				  school district has the capacity to manage the delegable portions of a
				  particular school facilities project, these rules provide for the Authority,
				  the Commissioner and the school district to enter into a grant agreement to
				  effectuate the delegation. Upon the execution of the grant agreement by the
				  Authority, the rules provide that the Authority shall take the necessary steps
				  to enter into an agreement with the school district for the assignment and
				  assumption of any contracts (or portions thereof) that have been previously
				  procured by the Authority to the extent that such assignment is necessary for
				  the school district to manage the delegated portions of the school facilities
				  project.
(c) If a school district
				  is determined by the Authority not to have the capacity to manage a project or
				  projects, these rules further provide that the Authority shall provide the
				  school district with a proposed training program and technical assistance in an
				  effort to improve the school district's management capacity so as to increase
				  the likelihood that the school district will achieve the capacity to manage the
				  delegable portions of school facilities projects.
(d) These rules shall apply to SDA school
				  districts that have been deemed by the Commissioner to be eligible to be
				  considered by the Authority to manage a school facilities project or projects,
				  in accordance with section 13.e of the Act.
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-1.3 - Administration and performance of grant agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The school district is responsible for the administration
					 and success of the delegated portion of the school facilities project. The
					 provision of a grant by the Authority shall not in any way be deemed to imply
					 that the Authority shall have any responsibility for the administration or
					 success of that portion of the school facilities project that has been
					 delegated. Although school districts are encouraged to seek the advice and
					 opinion of the Authority on problems that may arise regarding the delegated
					 portion of the school facilities project, the giving of such advice by the
					 Authority shall not shift the responsibility for final decisions from the
					 school district to the Authority, nor render the Authority responsible for such
					 advice. Moneys awarded pursuant to this chapter shall be used in conformance
					 with the Act, this chapter and the provisions of the grant agreement to achieve
					 the grant objectives and to insure that the purposes set forth in the Act are
					 fully executed.
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-1.5 - Remedies for events of default and noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				  to any other remedies as may be provided by law or by the grant agreement, in
				  the event of noncompliance with any provisions of the Act, any condition of the
				  grant agreement, or any requirement of this chapter, or upon the occurrence of
				  an event of default, the Authority, after taking the action in (a)1 below, may
				  take any of the actions or combinations thereof set forth in (a)2 through 5
				  below. The notice provided to the school district under (a)2 through 5 below
				  shall notify the school district of the Authority's determination to exercise
				  its right to take such action, and shall provide the reasons for such action,
				  together with the date on which the selected action shall take effect.
1. Issue a notice of noncompliance in writing
				  to the school district stating the nature of the noncompliance or default, and
				  further stating that if corrective action is not taken within 30 days, or such
				  longer time period as may be specified in the notice; or if the corrective
				  action is inadequate or ineffective to correct the noncompliance issue as
				  determined by the Authority, the Authority may take one or more of the actions
				  contained in (a)2 through 5 below. A district may request in writing additional
				  time for corrective action beyond the period specified in the notice, and the
				  Authority, in its discretion, may consent to such extension of time;
2. Withhold grant disbursements or any
				  portion thereof, upon 15 days written notice to the school district providing
				  the reason(s) for the withholding;
3. Suspend the grant agreement and withhold
				  further payments thereunder and prohibit the school district from incurring
				  additional obligations of grant funds pending corrective action by the school
				  district upon 30 days written notice to the school district;
4. Terminate the grant agreement and/or
				  rescind the grant monies upon 30 days written notice to the Department and the
				  SDA school district.
Upon termination of the grant agreement, the Authority may
					 demand that an amount equal to the grant received by the school district be
					 immediately returned to the Authority and the school district shall waive
					 payment by the Authority of the undistributed balance, and upon notice to the
					 school district, the amount of the grant disbursed by the Authority shall be
					 immediately due and payable by the school district together with any costs to
					 the Authority resulting from an event of default by the district; and/or
5. In addition to any withholding,
				  suspension or termination action, the Authority retains the right to pursue any
				  and all other remedies as may be available under State law as
				  warranted.
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-1.6 - Termination by mutual agreement

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority, the Department or the SDA school district
					 may terminate the grant agreement when the parties agree that the continued
					 delegation to the district under the grant agreement would not produce
					 beneficial results commensurate with the further expenditure of funds. The
					 Authority and the district shall agree upon the conditions for termination
					 including the date on which the termination shall take effect. The closeout
					 provisions specified in
					 19:34B-5.4 shall apply in the
					 event of a termination by mutual agreement. In the event of termination of the
					 grant agreement, the Authority shall determine the method and direction for
					 proceeding with the project, in the best interests of the project and the
					 public interest.
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-1.7 - Termination in the best interest of the school facilities project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  Authority determines that it is in the best interests of the school facilities
				  project to terminate the grant agreement, the following shall apply:
1. The Authority shall promptly notify the
				  Department and the school district, in writing, of its determination to
				  terminate the grant agreement and the reasons for the termination, together
				  with the date on which the termination shall take effect; and
2. At the option of the Authority, in its
				  sole discretion, the Authority may, without prejudice to any other rights or
				  remedies, take an assignment of any of the contracts in order to complete the
				  school facilities project, and the school district shall take whatever actions
				  are necessary in order to ensure the proper assignment to the Authority of such
				  contracts.
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-1.8 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
Any school district desiring a waiver or release from the
					 express provisions of any of the rules in this chapter may submit a written
					 request to the Authority. Waivers may be granted by the Authority, only when
					 the Authority determines that such a waiver would not contravene the provisions
					 of the Act and upon a finding that, in granting the waiver, the Authority will
					 be promoting the statutory purposes expressed in the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 2 - SCHOOL DISTRICT CAPACITY DETERMINATION › Section 19:34B-2.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the Authority's procedures and
					 criteria for evaluating the project management, administrative and financial
					 expertise of an SDA school district to successfully manage school facilities
					 projects; and for assessing the ability of such districts to manage the
					 delegable portion(s) of a particular school facilities project, pursuant to
					 18A:7G-13.e.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 2 - SCHOOL DISTRICT CAPACITY DETERMINATION › Section 19:34B-2.2 - Request for SDA determination of school district capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				  district that wishes to manage construction and/or demolition services
				  associated with a school facilities project or projects contained in its LRFP
				  shall apply, on a form provided by the Authority, for the Authority's
				  determination of the school district's ability to manage delegable portions of
				  a school facilities project or projects. The Authority will not make a
				  determination regarding a school district's capacity until the Authority
				  receives from the school district a transmittal from the Department determining
				  that the school district is eligible to be considered by the Authority to
				  manage its school facilities projects, or portions thereof.
(b) The application for the determination of
				  district capacity shall be accompanied by a resolution adopted by the board of
				  education of the school district requesting the district capacity
				  determination.
(c) The application
				  shall require the school district to provide information about the experience
				  and qualifications of its key district personnel, and about the district's
				  experience with the management of capital improvement projects, routine and
				  required maintenance tasks or projects, and/or school facilities projects. The
				  application shall include, in addition to any specific information requested:
1. Identification of the management personnel
				  of the school district, and provision of an organizational chart which sets
				  forth the position(s) within the school district of such management
				  personnel;
2. Identification of key
				  district personnel and the experience and qualifications of same;
3. A description of the routine and required
				  maintenance at the school and district level, and, if applicable, maintenance
				  required in accordance with any Section 13D Maintenance Agreement;
4. A description of the experience of the
				  school district over the previous five years, in managing the planning,
				  procurement activities, contract management, budgeting and scheduling necessary
				  for required maintenance, school facilities projects, any previous or ongoing
				  grant projects funded by the Authority, and other capital projects;
				  and
5. Any other criteria deemed
				  relevant by the Authority to an assessment of the school district's capacity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 2 - SCHOOL DISTRICT CAPACITY DETERMINATION › Section 19:34B-2.3 - Evaluation of district capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority's district assessment committee shall evaluate the school district's
				  application to determine whether the school district possesses the ability to
				  manage school facilities projects.
1. With
				  respect to the committee's evaluation of whether the school district possesses
				  the requisite capacity, such determinations shall be based upon the following
				  factors:
i. The current capacity of the
				  school district to administer fundamental district responsibilities relevant to
				  capital facilities, including, but not limited to, maintenance, planning,
				  procurement, construction, budgeting, accounting, scheduling, and any other
				  similar essential responsibilities;
ii. The qualifications of key district
				  personnel to administer the fundamental district responsibilities as outlined
				  above, as determined by the Authority in its sole discretion;
iii. The school district's performance of
				  routine maintenance and required maintenance on school facilities projects in
				  accordance with operations and maintenance manuals, warranties and guarantees
				  so as to fully achieve the useful life of all components of school facilities
				  projects, including the district's demonstrated compliance with the maintenance
				  obligations of any Section 13D Maintenance Agreement;
iv. The school district's performance with
				  respect to the administration or management of any Authority-funded grant
				  projects, if applicable;
v. The
				  Department's rating with respect to the school district's performance on the
				  operations management component of the Department's Quality Single
				  Accountability Continuum District Performance Review for Facilities Operations
				  specific to school facilities; and
vi. Any other factor deemed relevant by the
				  Authority to an assessment of the school district's capacity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 2 - SCHOOL DISTRICT CAPACITY DETERMINATION › Section 19:34B-2.4 - Evaluation of district eligibility for project delegation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  a school district is determined to have the capacity to manage school
				  facilities projects, it may apply to the Authority for the Authority's
				  delegation of the delegable portions of a particular school facilities project
				  that is within the Authority's current capital plan.
(b) The following conditions shall be
				  satisfied before the Authority will consider whether to delegate portions of a
				  particular school facilities project:
1. The
				  district, as determined by the Authority, possesses the requisite capacity to
				  manage delegable portions of school facilities projects, as determined pursuant
				  to 19:34B-2.3(c).
2. The Department has approved the
				  educational specifications for the school facilities project.
3. The SDA school district has submitted an
				  application to the Authority, on a form provided by the Authority, for the
				  delegation of portions of a particular school facilities project, which shall
				  be accompanied by a resolution adopted by the board of education of the school
				  district requesting the delegation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 2 - SCHOOL DISTRICT CAPACITY DETERMINATION › Section 19:34B-2.5 - Requests for reconsideration and appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for
				  reconsideration arising from decisions of the Authority pursuant to
				  19:34B-2.3 and 2.4 and any other
				  determination of the Authority under this chapter, shall be made in writing
				  within 30 days of the receipt of the Authority's decision, and an opportunity
				  shall be given for an informal hearing on the papers, in person or via
				  telephone with an Authority hearing officer or panel designated to review the
				  matter. The determination of the Authority, based on the recommendation of the
				  hearing officer or panel, shall be presented in a written decision within 30
				  calendar days of the conclusion of the hearing unless, due to the circumstances
				  of the hearing, a longer time is required.
1.
				  Informal hearings will be held, where feasible, within 14 business days of the
				  receipt of the request.
2. Hearings
				  will be heard, where practicable, by a hearing officer designated by the Chief
				  Executive Officer, or his or her designee.
3. In an informal hearing, the Authority may,
				  in instances where public exigency exists, modify or amend the time frames or
				  any other requirements provided in this section. In these instances, the
				  Authority shall document, for the record, the rationale for such amendment and
				  give adequate notice to the parties involved.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 3 - EXECUTION OF GRANT AGREEMENT › Section 19:34B-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the eligibility requirements
					 and procedures and requirements of the Authority governing the execution of
					 grant agreements pursuant to section 13.e of the Act. Any school district
					 applying for a grant shall at a minimum conform with the requirements of this
					 subchapter, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 3 - EXECUTION OF GRANT AGREEMENT › Section 19:34B-3.2 - District execution of grant agreement and other conditions for delegation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				  Authority has determined that a school district has the capacity to manage the
				  delegated portions of a school facilities project, the Authority shall offer
				  the grant agreement to the school district. The grant amount at the time of the
				  offering of the grant agreement shall be based upon the CWE, pursuant to
				  19:34B-5.1.
(b) The school district shall execute the
				  grant agreement within such period of time and pursuant to such terms and
				  conditions as the Authority may determine in its sole discretion and return the
				  grant agreement together with all applicable attachments to the Authority for
				  execution by the Authority. Such terms and conditions shall include:
1. Delivery by the school district to the
				  Authority of a certified copy of a resolution of the district board authorizing
				  the execution and delivery of the agreement and proof of the district board's
				  delegation of authority to the school business administrator or other
				  authorized officer for supervision of the delegated portions of the school
				  facilities project;
2. Delivery by
				  the school district to the Authority of confirmation that the district has
				  obtained approval of its long-range facilities plan pursuant to
				  6A:26-2.3; and
3. Delivery by the school district to the
				  Authority of a certificate executed by the school business administrator or
				  other authorized officer as to the following:
i. All adoptions and approvals required to be
				  given by the school district or by any other governmental entity with respect
				  to the agreement have been obtained;
ii. The school district has full legal right,
				  power and authority to enter into the agreement to consummate the transactions
				  contemplated thereby; and
iii. The
				  grant agreement has been duly authorized, executed and delivered by the school
				  district, and constitutes a valid and binding agreement of the district
				  enforceable in accordance with its terms.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 4 - ASSIGNMENT OF CONTRACTS › Section 19:34B-4.1 - Conditions for assignment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  offer of the grant agreement, the Authority shall take all necessary steps to
				  assign the contracts or portions of contracts relating to those aspects of the
				  school facilities project that the Authority has determined to delegate to the
				  school district. In furtherance of such assignments, the Authority shall
				  provide the school district with the following:
1. An assignment and assumption agreement for
				  the contracts or portions thereof pertaining to the delegated aspects of the
				  school facilities project;
2. A
				  copy of all other contractual documents, between the Authority and the design
				  consultant, construction contractor(s), the construction manager and any other
				  contracted party;
3. All design
				  documents for the school facilities project; and
4. Any other documentation determined by the
				  Authority to be necessary for the assignment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 4 - ASSIGNMENT OF CONTRACTS › Section 19:34B-4.2 - Assignment of specific contracts and Authority execution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  offer of the grant agreement, the Authority shall take all necessary steps to
				  assign the construction administration and project close out portion of the
				  design consultant contract to the SDA school district, in accordance with the
				  grant agreement and
				  19:34B-4.1, upon the Authority's
				  approval of the completed bid specifications.
(b) If the Authority has engaged a
				  construction manager for the project, the Authority shall, at the time of offer
				  of the grant agreement, take all necessary steps to assign the construction
				  manager contract to the SDA school district, in accordance with the grant
				  agreement and
				  19:34B-4.1.
(c) Upon receipt of the executed agreement(s)
				  for assignment and assumption from the school district in accordance with
				  19:34B-4.1(b),
				  the Authority shall execute the agreement for assignment and assumption,
				  thereby granting and assigning to the school district all liabilities, duties
				  and obligations of the Authority arising out of or relating to the assigned
				  contract or portion thereof, from the date of the agreement for assignment and
				  assumption forward.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 5 - DISBURSEMENTS AND ADJUSTMENTS OF THE GRANT › Section 19:34B-5.1 - Grant amount

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time
				  the grant agreement is offered to the school district and the Authority, the
				  grant for the delegated portions of the school facilities project shall become
				  effective and shall constitute an obligation of moneys in the amount and for
				  the purposes set forth in the grant agreement.
(b) At the time of execution of the grant
				  agreement by the district, the grant amount shall equal the State share of the
				  costs of the delegated portions of the school facilities project, as informed
				  by the CWE calculated by the Authority. The grant amount shall thereafter be
				  adjusted:
1. In accordance with, and upon
				  approval of the final eligible costs, if the grant agreement is for delegation
				  of construction; or
2. Upon the
				  revision of the CWE in accordance with the award of a contract for demolition
				  and/or construction management.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 5 - DISBURSEMENTS AND ADJUSTMENTS OF THE GRANT › Section 19:34B-5.2 - Adjustments to the grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the
				  term of the grant agreement, the grant may be adjusted to reflect any changes
				  in, or increased costs of, the school facilities project that have been
				  approved by the Authority, and the final grant amount shall equal the grant
				  amount determined in accordance with N.J.S.A. 19:34B-5.1(b), plus the costs of
				  any additional amounts approved by the Authority pursuant to this
				  section.
(b) If, during demolition
				  services or the construction of the school facilities project, a school
				  district determines that a change in the work or an increase in costs is
				  required, or additional services are required, the following shall apply:
1. Any proposed or contemplated change in the
				  work or increase in services, regardless of the cost, shall be submitted to the
				  Authority for review and prior approval before commencement or execution of any
				  work constituting a change in the work, or commencement of any additional
				  services.
2. Any proposed or
				  contemplated change in the work, regardless of the cost, which affects the
				  number, configuration, size, location or use of the educational spaces, or the
				  square footage of the project, shall be submitted to the Department for
				  approval in accordance with Department rules with simultaneous notification to
				  the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 5 - DISBURSEMENTS AND ADJUSTMENTS OF THE GRANT › Section 19:34B-5.3 - Disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disbursement
				  of grant funds shall be made as set forth in (d) below. Total disbursements
				  shall not exceed the grant amount.
(b) Prior to the Authority's initial
				  disbursement of grant funds, the school district shall establish an account
				  with the State of New Jersey Cash Management Fund, created pursuant to
				  52:18A-90.4, for the deposit of
				  grant disbursements made by the Authority pursuant to (d) below. The school
				  district shall be prohibited from withdrawing, encumbering or otherwise
				  spending the interest earnings on this account, and shall transmit all interest
				  earned on the account to the Authority on an annual basis and upon final
				  completion of the school facilities project.
(c) No disbursement of grant funds shall be
				  made until the Authority receives the following documentation in support of the
				  disbursement request, which shall include:
1.
				  Invoices with a complete description of the costs incurred;
2. Payment vouchers signed by an authorized
				  officer of the district relating to payment of funds from the prior
				  disbursement;
3. Submission of
				  acceptable documentation of required insurance coverages; and
4. Completion to the satisfaction of the
				  Authority of certifications or checklists as required by the grant
				  agreement.