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