Section 17063 Of Article 5. Joint Venture School Facilities Construction Projects From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 12. >> Article 5.
17063
. Upon completion of the joint venture agreement pursuant to
Section 17062, the school district shall transmit the agreement to
the State Allocation Board for final review to determine whether the
agreement is consistent with the project approval pursuant to Section
17061. The State Allocation Board shall act to approve or disapprove
the complete agreement within 60 days following submission of the
complete proposal to the State Allocation Board. The approval or
disapproval relates to only the decision by the State Allocation
Board to fund the school portion of the joint venture project and is
not to be construed as an approval or disapproval of the terms and
conditions of the joint venture agreement nor as authority for the
school district to act as the agent of the State Allocation Board.
The State Allocation Board is not made a party to the joint venture
agreement and shall not incur liability under the joint venture
agreement through its approval or disapproval of the agreement. The
joint venture shall indemnify and hold harmless the State Allocation
Board and its officers, agents, and employees from any loss or
liability, including reasonable attorneys fees and costs, caused by
the joint venture arising out of, or in relation to, any contract
entered into by the joint venture in furtherance of the joint venture
project. The date of approval by the State Allocation Board of the
project shall be the date of funding eligibility for the project. The
apportionment of funds for the eligible project shall be made at any
point up to four years following the date of funding eligibility
subject to the availability of funds for this purpose. If the state
funds are not available within that four-year period, the school
district may at its option remain in the funding cycle, subject to
other provisions of this chapter, until the school district receives
all of the funds it is eligible to receive pursuant to this article
as of the date of funding eligibility. The district's eligibility for
reimbursement of authorized costs and the district's position in the
processing schedule for the reimbursement shall be established as
the date of project approval by the State Allocation Board. The exact
amount of the reimbursement shall be determined at the conclusion of
the project and shall be based upon the actual subcontract trade
bids and other costs allowable pursuant to Section 17019.3.