(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) A Proposed Project for which the
estimated total budget is less than $250,000, as determined by the Authority,
shall not be eligible for approval by the Authority as an Approved Project and
the Authority shall have no obligation to provide a review of a Statement of
Interest or any Application materials for said Proposed Project, and any
Application materials submitted by the Eligible Applicant shall not warrant
further consideration.
(3) For any
proposed project for which a Total Facilities Grant is requested from the
Authority, the Eligible Applicant shall certify that the following requirements
have been or will be met. Such certifications shall be in a format and manner
that is acceptable to the Authority.
(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 shall be current on any payments which it may owe to the
Authority.
(e) The Eligible
Applicant shall have submitted all documentation or information required or
requested by the Authority.
(f) The
Eligible Applicant shall not submit a Statement of Interest or an Application
that is a result of lack of maintenance or negligence caused by the Eligible
Applicant.
(g) All projects shall
be designed to minimize vandalism, and materials and furnishings shall be
selected to minimize vandalism.
(h)
All projects shall provide for equality of educational opportunity without
discrimination on account of sex, race, color, religion, gender identity,
sexual orientation or national origin, and shall meet the requirements of
M.G.L. c. 76, § 5 and 603 CMR 26.00.
(i) 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.
(j) 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 Executive Office of Energy and Environmental
Affairs, 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.
(k) All projects shall have undergone review,
in accordance with applicable federal, state and local or district charters,
by-laws, ordinances or regulations, including but not limited to conservation,
fire prevention, water, sewer or building code requirements. The Eligible
Applicant shall provide to the Authority documentation of the reviews conducted
herein in such detail and in such format as the Authority may
require.
(l) 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.
(m) 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.
(n) 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 I n M.G.L. c. 70B and 963 CMR 2.00 are fully
executed.
(o) 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.
(p) 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.
(q) 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 in the Massachusetts Certified Public
Purchasing Official Program as administered by the Inspector General of the
Commonwealth of Massachusetts ("MCPPO Designation"). In order to maintain the
MCPPO Designation, an individual who has attained an MCPPO Designation shall be
required to earn continuing education credits, attend seminars administered by
the Office of the Inspector General, and apply for MCPPO Designation Renewal
during the three year period following the designation date and every three
years thereafter.
(r) All Eligible
Applicants shall ensure that procurements and contracts shall be procured using
applicable state procurement and public contract laws.
(s) 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.
(t) All Eligible Applicants within the Core
Program shall review the Authority's Collaborative Purchasing Program to assess
whether this Program is beneficial to the District.
(u) All Eligible Applicants within the Core
Program shall review the Model School Program and investigate whether a Model
School should be studied during Feasibility Study. (v) The Authority may
require that the Eligible Applicant make additional certifications related to a
proposed project. Such certifications shall be provided in a format and manner
that is acceptable to the Authority.
(4)
Foundation Budget
Requirements.
(a) Pursuant to
M.G.L. c. 70B, § 8, the Authority shall not approve any Proposed Project
for any school district that fails to spend in the year preceding the year of
application at least 50% of the sum of said school district's calculated
foundation budget amounts for the purposes of foundation utility and ordinary
maintenance expenses, and extraordinary maintenance allotment as defined in
M.G.L. c. 70, for said purposes. From Fiscal Year 1999 forward, no school
district shall be given approval for a Proposed Project nor receive school
facilities funds unless said district has spent at least 50% of the sum of said
district's calculated foundation budget amounts in each of the Fiscal Years
including and succeeding Fiscal Year 1999.
(b) If an otherwise Eligible Applicant fails
to maintain compliance with the building maintenance requirements of M.G.L. c.
70, 963 CMR 2.00, or any guidelines, policies or procedures established by the
Authority, said Eligible Applicant shall be prohibited from receiving a Total
Facilities Grant, or any portion thereof, for at least one year and shall be
subject to a review by the Authority to determine, that after said prohibition,
said Eligible Applicant has complied with said requirements.
(5)
Program
Integrity.
(a) Where the
Authority determines that false or intentionally misleading information or
documentation was submitted to the Authority by an Eligible Applicant, its
agents, a city, town, regional school district, or independent agricultural and
technical school in support of any effort to influence any action by the
Authority, or an Eligible Applicant, its agents, a city, town, regional school
district, or independent agricultural and technical school does any other act
affecting the integrity of the Program, the Authority may permanently revoke
any and all payments due to a city, town, regional school district, or
independent agricultural and technical school with a vote of the
Board.
(b) The Authority may also
take steps to recover any previous payments made to a city, town, regional
school district, or independent agricultural and technical school and/or said
city, town, regional school district, or independent agricultural and technical
school shall be prohibited from receiving a Total Facilities Grant for a period
of time to be determined by the Authority. The Eligible Applicant may be given
an opportunity to address the Authority to remedy any or all determinations of
such false or intentionally misleading information.
(7)
Closed Schools.
(a) A school district shall notify the
Authority in writing, in a format prescribed by the Authority, six months prior
to the sale, lease or removal from service as a public school building of any
school facility, or portion thereof, in said district. The school district may
be required to submit:
1. a plan for
accommodating any displaced school programs and services;
2. a plan for accommodating district students
within the remaining school buildings, as a result of the sale, lease or
removal from service of said school facility;
3. a long-range plan for accommodating
district students based on the Authority's Enrollment Projections;
4. any future plans for the sale or lease of
property under control of the school district;
5. any future plans for the construction,
renovation, addition or lease of school facilities in the school district;
or
6. other information required by
the Authority.
(b) If the
Authority determines that said facility that will be sold, leased or removed
from service is an Assisted Facility or was an Assisted Facility that has
received a payment from the Authority or the Commonwealth, but has not met the
50-year service requirement, the Authority may recapture a portion of the
financial assistance that said Assisted Facility has received. In its sole
discretion, the Authority may apply a 20-year service requirement to
Accelerated Repair Program projects or other projects.
(c) A final Audit of the Assisted Facility
must be completed to determine the final cost of the project.
(d) The sale, lease or removal from service
of the Assisted Facility, or portion of that facility, shall be for no less
than fair market value as determined by independent appraisal as agreed to by
the Authority, unless the school district receives prior written approval from
the Authority to do otherwise, and the proceeds from the sale or lease, or the
determined fair market value for a facility removed from service, shall be
divided between the Authority and the general funds of the applicable school
district in proportion to the Commonwealth's and/or Authority's prior
investments in the Assisted Facility.
(e) If a school district were to apply to the
Authority for a grant, after having sold, leased or removed from service a
school facility, said district may be eligible for a grant only if the
Authority determines that the grant is not for the purpose of replacing a
school facility sold, leased, or removed from service in the past ten years or
that the need for the grant could not have been reasonably anticipated at the
time of the sale, lease, or removal from service.
(f) The Authority may issue additional
guidelines to recapture Commonwealth and/or Authority assistance for Assisted
Facilities that are sold, leased or removed from service.