N.J. Admin. Code § 6A:27-9.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:27-9.15 - Transferring contracts and contract renewals

(a) Whenever a contractor has entered into, or intends to enter into, an agreement to sell or assign to a purchaser all of the contractor's rights and liabilities with respect to all of the transportation contracts held by the contractor, such assignment requires the approval of the district board(s) of education and the executive county superintendent.

(b) When a contractor has entered into, or intends to enter into, an agreement to sell or assign to a purchaser all of the contractor's rights and liabilities with respect to all of the transportation contracts serviced by a specific terminal(s) that will no longer be operated by the contractor for student transportation services, such agreement requires the approval of the district board(s) of education and the executive county superintendent.

(c) The district board of education shall complete the student transportation contract agreement form prescribed by the Commissioner for each individual contract or multi-contract.

(d) The transfer of contracts shall impose no additional cost to the district board of education.

(e) All terms of the original contract shall remain in effect.

(f) The assignment between the district board of education and the purchaser shall not become effective until the purchaser provides all documents required of the original bidder.

(g) The student transportation contract transfer agreement form shall be accompanied by a copy of the certified district board of education minutes approving the transfer of the contract and all documents required of the original bidder when the district board of education submits it to the executive county superintendent for approval.

(h) The assignment of selected contracts to another person or company shall not be considered a transfer, but shall be considered subcontracting. In this case, all the provisions of the contract shall remain in effect and shall impose no additional cost to the district board of education.

1. No contract shall be subcontracted without the approval of the district board of education.

2. When a district board of education allows a contract to be subcontracted, the district board of education shall submit to the executive county superintendent a certified copy of the minutes approving each route to be subcontracted and a certificate of insurance from the subcontractor.

(i) Whenever a district board of education assigns to another district board of education any or all of the assigning district board of education's rights and liabilities for transportation contracts it holds, such assignment requires the approval of both district boards of education and the executive county superintendent.

N.J. Admin. Code § 6A:27-9.15

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added (b); recodified former (a)1 as (c); deleted former (a)2; recodified former (b)-(e) as (d)-(g); and added (h).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), (b) and (g), inserted "Executive"; and added (i).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

Amended by 53 N.J.R. 163(a), effective 2/1/2021