N.J. Admin. Code § 19:34B-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:34B-3.2 - District execution of grant agreement and other conditions for delegation

(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.

(c) The school district shall not assign the grant agreement or its rights to disbursements of the grant. The Authority may, at any time and in its sole option, assign the grant agreement to another instrumentality of the State.

N.J. Admin. Code § 19:34B-3.2