Memorandum between 21stCPA and APS

MEMORANDUMM OF UNDERSTANDING

BETWEEN

21 ST CENTURY PUBLIC ACADEMY

AND

ALBUQUERQUE PUBLIC SCHOOLS

This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by

and between 21 st CENTURY PUBLIC ACADEMY (“School”) and ALBUQUERQUE

PUBLIC SCHOOLS (APS).

A. PURPOSE:

The purpose of this MOU is to undertake the first phase in the design, repair, maintenance and/

or improvement of land and charter school selected educational facilities as required by NMSA

1978 22-8A- 4.2 by establishing a method of distribution of the funds held by APS, solely as an

agent for disbursement, of said funds at the direction of 21 st Century Public Academy. It is

acknowledged by APS that it holds funds attributed specifically to 21 st Century Public Academy

only as a disbursement agent. APS has no proprietary or supervisory authority relating to those

funds. Under 22-8B- 4.2 NMSA 21 st Century Public Academy has sole responsibility for meeting

educational facility occupancy standards. To that end, in compliance with such facility

occupancy standards, 21 st Century Public Academy is in the process of acquiring a facility

pursuant to the provisions of 22-8B- 4.2 (D) (1) (b). In compliance with statutory authority,

funds presently held by APS shall be used by 21 st Century Public Academy, at its sole

discretion, to adhere to the requirements of 22-8B- 4.2 (F) (1)

B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

This MOU shall establish the method and manner of distribution of the funds held by APS as

agent for 21 st Century Public Academy. Under 22-8B- 4.2 (D) (1) (b) APS has no jurisdictional

authority or supervisory authority relating to the lease/ purchase and subsequent improvement

or modification of a charter school facility, APS shall act merely as disbursement agent for the

benefit of 21 st Century Public Academy.

The selection of a charter school educational facility, the manner of acquisition and manner of

improvements to the charter school educational facility are at the sole discretion of 21 st Century

Public Academy subject to review and approval per the provisions of Public School Lease

Purchase Act (Chapter 22, Article 26A NMSA (1978) and the provision of 22-20- 1 NMSA

(1978). It is recognized and agreed by APS and 21 st Century Public Academy that these

statutory provisions provide no oversight authority to APS regarding 21 st Century Public

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Academy as to these specific matters. Consequently, APS shall disburse funds in

accordance with the provisions set forth hereinafter.

C. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE

PARTIES THAT:

It is mutually understood and agreed by and between the Parties that: APS is to act solely

as disbursement agent, regarding funds held by APS as agent for 21 st Century Public

Academy who is deemed the principal. APS shall and does not have any discretionary

authority with regard to selection of design professionals, architects, builders, suppliers

or any sub-contractor concerning maintenance or improvement of the selected charter

school educational facility. The selection of persons or entities for purposes of

maintenance, repair, and/or improvements is at the sole discretion of 21 st Century Public

Academy.

The function of APS shall be to establish an interest-bearing account, using all funds held

by APS as agent for its principal 21 st Century Public Academy, for the sole purpose of

payment of claims made related to repairs, maintenance and/or improvement of the

selected charter school educational facility. Claims for payment for work actually

performed and/or materials actually supplied shall be submitted in a form acceptable to

21 st Century Public Academy by the tenth day (10 th ) of each month for review and if

approved by 21 st Century Public Academy or its designated agent for the purpose, not

APS, APS shall be provided a list of persons or entities to pay, the amounts to be paid

and copies of the supporting documents supplied to 21 st Century Public Academy.

Payment shall be dispersed on the first business day of the month following submission

of documents requesting payment. APS shall have no authority for independent review.

Should APS have a concern or concerns as to a particular request for payment APS shall

identify such concern within five (5) days of receiving the directive for payment in the

manner of correspondence directed to a person designated solely by 21 st Century Public

Academy. However, it is specifically understood that such concerns are not a basis for

APS not to make disbursement as directed by 21 st Century Public Academy. 21 st Century

Public Academy is solely responsible for all claims related to the repairs, maintenance

and/or improvements of the educational facility.

D. BUILDING COMPLIANCE

As a material condition of the disbursement of the funds, identified as being the proceeds

of a previous bond sale, 21 st Century Public Academy represents that the funds directed to

be disbursed by this Memorandum of Understanding for purposes permitted by the

Education Technology Equipment Act (6-15A- 1 et seq. NMSA 1978) shall be disbursed

with regard to buildings and structures which are in compliance with the standards

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described and required by the statute “Charter School Facilities; standards;”. (22-8B- 4.2

NMSA 1978).

E. ACKNOWLEDGEMENT AND NOTICE OF INTENTION OF

COMPLIANCE:

21 st Century Public Academy acknowledges the provisions of statutory

obligations in 22-8B- 4 (N) (NMSA 1978) “Charter schools’ rights and

responsibilities; operation” and those set forth in 22-26A- 5(H) NMSA 1978.

Lease Purchase arrangements; terms; 21 st Century Public Academy has every

intention of compliance with such obligation. 21 st Century Public Academy

acknowledges that any structure which is targeted for funds use, shall comply

with PSFA requirements.

F. MODIFICATION:

Modifications to this MOU shall be made by mutual consent of the parties, by

the issuance of a written modification, signed and dated by all parties, prior to

any changes being performed.

G. TERMINATION:

21 st Century Public Academy may, in writing, terminate the instrument in whole,

or in part, at any time before the date of expiration. APS may not terminate.

H. PRINCIPAL CONTACTS;

The principal contacts for this instrument are:

21 st Century Public Academy Albuquerque Public Schools

THIS SPACE LEFT INTENTIONALLY BLANK

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COMMENCEMENT/EXPIRATIONI DATE:

This instrument is executed as of the date of last signature and is effective through

____________, 20___, at which time it will expire unless extended by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last

written date below.

21 ST CENTURY PUBLIC ACADEMY

Name: Mary Tarango

Title: Principal

Phone: 505-254- 0280 x 103

Email: mtarango@21stcenturypa.com

______________________________

Signature Date

21 ST CENTURY PUBLIC ACADEMY

Name: Virginia Trujillo

Title: Governance Counsel President

Phone: 505-254- 0280

Email: virgtruj@comcast.net

______________________________

Signature Date

ALBUQUERQUE PUBLIC SCHOOLS

Name: Raquel Reedy

Title: Superintendent

Phone: 505-880- 3713

Email: superintendent@aps.edu

______________________________

Signature Date