963 CMR 2.03 - General Requirements

Current through Register 1466, April 1, 2022

(1) To achieve the effective planning, management and financial sustainability of a program to partially fund the construction, renovation, addition or repair of municipally or regionally owned school facilities located in cities, towns and regional school districts, the Authority hereby sets forth the minimum requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for, and awarding of, Authority school building grants. Any project must meet the criteria set forth for projects pursuant to M.G.L. c. 70B including, but not necessarily limited to, M.G.L. c. 70B, §§ 6(a)(1) through (6), (8) and 9(a).
(2) The Eligible Applicant shall certify for any project for which a Total Facilities Grant is sought from the Authority, that the Authority's Initial Compliance Certification requirements have been or will be met, including, but not limited to the following:
(a) The Eligible Applicant shall certify to the Authority that the Authority's interests in partially funding a municipally or regionally owned public school construction project will be safeguarded.
(b) Any project for the construction of a new school facility, or for the addition to or renovation of an existing school facility for which an Eligible Applicant is seeking partial funding from the Authority shall have an anticipated useful life of at least 50 years as a public school in the Eligible Applicant's school district.
(c) The Eligible Applicant has submitted all Audit Materials that have been requested by the Authority or are otherwise due to the Authority, has a signed Project Funding Agreement for any other Assisted Facility or Approved Project as requested by the Authority, that the Eligible Applicant is current on any payments which it may owe to the Authority and that the Eligible Applicant has submitted all documentation or information required or requested by the Authority.
(d) The Eligible Applicant is not submitting a Statement of Interest or an Application that is a result of lack of maintenance or negligence caused by the Eligible Applicant.
(e) All projects shall be designed to minimize vandalism, and materials and furnishings shall be selected to minimize vandalism.
(f) All projects shall provide for equality of educational opportunity without discrimination on account of sex, race, color, religion, sexual orientation or national origin, and shall meet the requirements of M.G.L. c. 76, § 5 and 603 CMR 26.00 and 603 CMR 38.00.
(g) All projects shall comply with all applicable provisions of federal, state, and local law relative to the accessibility of programs and facilities to persons with disabilities.
(h) All projects shall have undergone review, in accordance with applicable state law and regulations, to the extent applicable to the project, by the Massachusetts Historical Commission, the Massachusetts Commission against Discrimination, the Secretary of Environmental Affairs, the Architectural Access Board, and any other department or agency of the Commonwealth required by law to review such projects. The Eligible Applicant shall provide to the Authority written documentation of the reviews conducted herein in such detail and in such format as the Authority shall require.
(i) All projects shall have undergone review, in accordance with applicable federal, state and local or district charters, by-laws, ordinances or regulations, including conservation, fire prevention, water, sewer or building code requirements. The Eligible Applicant shall provide to the Authority written documentation of the reviews conducted herein in such detail and in such format as the Authority shall require.
(j) All Eligible Applicants shall demonstrate that they have identified any collaborative programs in the school district not currently housed in public school facilities, and have reviewed any such programs to determine if students in such programs can be better served by the project.
(k) All Eligible Applicants shall acknowledge and assume responsibility for the administration and success of an Approved Project. The provision of technical advice, guidance, approvals, or funds, if any, by the Authority shall not in any way be construed, interpreted or deemed to imply that the Authority shall have any responsibility for the administration or success of the Approved Project.
(l) All Eligible Applicants shall certify that Total Facilities Grants awarded by the Authority pursuant to M.G.L. c. 70B and 963 CMR 2.00, if any, shall be used in conformance with M. G.L. c. 70B and St. 2004, c. 208, the provisions of the Project Funding Agreement and any other documents, contracts, forms, statements, certifications or other documents required by the Authority, to achieve the grant objectives and to insure that the purposes set forth in M. G.L. c. 70B and 963 CMR 2.00 are fully executed.
(m) All Eligible Applicants shall submit documentation supporting the anticipated impact on operating costs of implementing the project in such detail and format as required by the

Authority, including but not limited to, an estimate of the costs of additional maintenance spending required of the Eligible Applicant, the costs of additional instructional or support staff spending, additional utility costs, the costs of additional transportation, if any, and the estimated revenue, if any, from the sale or lease of any school facility decommissioned as a result of implementing the project.

(n) All Eligible Applicants shall use the standard forms, standard format for local votes or approvals, standard contracts, standard clauses for contracts, and any other standard forms, contracts or other language as developed by the Authority.
(o) The Eligible Applicant shall certify to the Authority, in a format and manner prescribed by the Authority, that the Eligible Applicant, or his designee who will be in charge of procurement for a project as approved by the Authority, is designated as a Massachusetts

Certified Public Purchasing Official for Design and Construction Contracting in the

Massachusetts Certified Public Purchasing Official Program as administered by the Inspector

General of the Commonwealth of Massachusetts.

(p) All Eligible Applicants shall ensure that procurements and contracts shall be procured using applicable state procurement and public contract laws.
(q) All Eligible Applicants shall ensure that any parties procured and contracted by them to perform work on an Approved Project are in compliance with M.G.L. c. 268A, whenever applicable.

Notes

963 CMR 2.03

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