MEMORANDUMM OF UNDERSTANDING<\/p>\n
BETWEEN<\/p>\n
21 ST CENTURY PUBLIC ACADEMY<\/p>\n
AND<\/p>\n
ALBUQUERQUE PUBLIC SCHOOLS<\/p>\n
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by<\/p>\n
and between 21 st CENTURY PUBLIC ACADEMY (\u201cSchool\u201d) and ALBUQUERQUE<\/p>\n
PUBLIC SCHOOLS (APS).<\/p>\n
<\/p>\n
A. PURPOSE:<\/p>\n
The purpose of this MOU is to undertake the first phase in the design, repair, maintenance and\/<\/p>\n
or improvement of land and charter school selected educational facilities as required by NMSA<\/p>\n
1978 \uf06422-8A- 4.2 by establishing a method of distribution of the funds held by APS, solely as an<\/p>\n
agent for disbursement, of said funds at the direction of 21 st Century Public Academy. It is<\/p>\n
acknowledged by APS that it holds funds attributed specifically to 21 st Century Public Academy<\/p>\n
only as a disbursement agent. APS has no proprietary or supervisory authority relating to those<\/p>\n
funds. Under 22-8B- 4.2 NMSA 21 st Century Public Academy has sole responsibility for meeting<\/p>\n
educational facility occupancy standards. To that end, in compliance with such facility<\/p>\n
occupancy standards, 21 st Century Public Academy is in the process of acquiring a facility<\/p>\n
pursuant to the provisions of 22-8B- 4.2 (D) (1) (b). In compliance with statutory authority,<\/p>\n
funds presently held by APS shall be used by 21 st Century Public Academy, at its sole<\/p>\n
discretion, to adhere to the requirements of 22-8B- 4.2 (F) (1)<\/p>\n
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:<\/p>\n
This MOU shall establish the method and manner of distribution of the funds held by APS as<\/p>\n
agent for 21 st Century Public Academy. Under 22-8B- 4.2 (D) (1) (b) APS has no jurisdictional<\/p>\n
authority or supervisory authority relating to the lease\/ purchase and subsequent improvement<\/p>\n
or modification of a charter school facility, APS shall act merely as disbursement agent for the<\/p>\n
benefit of 21 st Century Public Academy.<\/p>\n
The selection of a charter school educational facility, the manner of acquisition and manner of<\/p>\n
improvements to the charter school educational facility are at the sole discretion of 21 st Century<\/p>\n
Public Academy subject to review and approval per the provisions of Public School Lease<\/p>\n
Purchase Act (Chapter 22, Article 26A NMSA (1978) and the provision of 22-20- 1 NMSA<\/p>\n
(1978). It is recognized and agreed by APS and 21 st Century Public Academy that these<\/p>\n
statutory provisions provide no oversight authority to APS regarding 21 st Century Public<\/p>\n
2<\/p>\n
Academy as to these specific matters. Consequently, APS shall disburse funds in<\/p>\n
accordance with the provisions set forth hereinafter.<\/p>\n
C. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE<\/p>\n
PARTIES THAT:<\/p>\n
It is mutually understood and agreed by and between the Parties that: APS is to act solely<\/p>\n
as disbursement agent, regarding funds held by APS as agent for 21 st Century Public<\/p>\n
Academy who is deemed the principal. APS shall and does not have any discretionary<\/p>\n
authority with regard to selection of design professionals, architects, builders, suppliers<\/p>\n
or any sub-contractor concerning maintenance or improvement of the selected charter<\/p>\n
school educational facility. The selection of persons or entities for purposes of<\/p>\n
maintenance, repair, and\/or improvements is at the sole discretion of 21 st Century Public<\/p>\n
Academy.<\/p>\n
The function of APS shall be to establish an interest-bearing account, using all funds held<\/p>\n
by APS as agent for its principal 21 st Century Public Academy, for the sole purpose of<\/p>\n
payment of claims made related to repairs, maintenance and\/or improvement of the<\/p>\n
selected charter school educational facility. Claims for payment for work actually<\/p>\n
performed and\/or materials actually supplied shall be submitted in a form acceptable to<\/p>\n
21 st Century Public Academy by the tenth day (10 th ) of each month for review and if<\/p>\n
approved by 21 st Century Public Academy or its designated agent for the purpose, not<\/p>\n
APS, APS shall be provided a list of persons or entities to pay, the amounts to be paid<\/p>\n
and copies of the supporting documents supplied to 21 st Century Public Academy.<\/p>\n
Payment shall be dispersed on the first business day of the month following submission<\/p>\n
of documents requesting payment. APS shall have no authority for independent review.<\/p>\n
Should APS have a concern or concerns as to a particular request for payment APS shall<\/p>\n
identify such concern within five (5) days of receiving the directive for payment in the<\/p>\n
manner of correspondence directed to a person designated solely by 21 st Century Public<\/p>\n
Academy. However, it is specifically understood that such concerns are not a basis for<\/p>\n
APS not to make disbursement as directed by 21 st Century Public Academy. 21 st Century<\/p>\n
Public Academy is solely responsible for all claims related to the repairs, maintenance<\/p>\n
and\/or improvements of the educational facility.<\/p>\n
D. BUILDING COMPLIANCE<\/p>\n
As a material condition of the disbursement of the funds, identified as being the proceeds<\/p>\n
of a previous bond sale, 21 st Century Public Academy represents that the funds directed to<\/p>\n
be disbursed by this Memorandum of Understanding for purposes permitted by the<\/p>\n
Education Technology Equipment Act (6-15A- 1 et seq. NMSA 1978) shall be disbursed<\/p>\n
with regard to buildings and structures which are in compliance with the standards<\/p>\n
3<\/p>\n
described and required by the statute \u201cCharter School Facilities; standards;\u201d. (22-8B- 4.2<\/p>\n
NMSA 1978).<\/p>\n
E. ACKNOWLEDGEMENT AND NOTICE OF INTENTION OF<\/p>\n
COMPLIANCE:<\/p>\n
21 st Century Public Academy acknowledges the provisions of statutory<\/p>\n
obligations in 22-8B- 4 (N) (NMSA 1978) \u201cCharter schools\u2019 rights and<\/p>\n
responsibilities; operation\u201d and those set forth in 22-26A- 5(H) NMSA 1978.<\/p>\n
Lease Purchase arrangements; terms; 21 st Century Public Academy has every<\/p>\n
intention of compliance with such obligation. 21 st Century Public Academy<\/p>\n
acknowledges that any structure which is targeted for funds use, shall comply<\/p>\n
with PSFA requirements.<\/p>\n
F. MODIFICATION:<\/p>\n
Modifications to this MOU shall be made by mutual consent of the parties, by<\/p>\n
the issuance of a written modification, signed and dated by all parties, prior to<\/p>\n
any changes being performed.<\/p>\n
G. TERMINATION:<\/p>\n
21 st Century Public Academy may, in writing, terminate the instrument in whole,<\/p>\n
or in part, at any time before the date of expiration. APS may not terminate.<\/p>\n
H. PRINCIPAL CONTACTS;<\/p>\n
The principal contacts for this instrument are:<\/p>\n
21 st Century Public Academy Albuquerque Public Schools<\/p>\n
THIS SPACE LEFT INTENTIONALLY BLANK<\/p>\n
4<\/p>\n
COMMENCEMENT\/EXPIRATIONI DATE:<\/p>\n
This instrument is executed as of the date of last signature and is effective through<\/p>\n
____________, 20___, at which time it will expire unless extended by both parties.<\/p>\n
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last<\/p>\n
written date below.<\/p>\n
21 ST CENTURY PUBLIC ACADEMY<\/p>\n
Name: Mary Tarango<\/p>\n
Title: Principal<\/p>\n
Phone: 505-254- 0280 x 103<\/p>\n
Email: mtarango@21stcenturypa.com<\/p>\n
______________________________<\/p>\n
Signature Date<\/p>\n
21 ST CENTURY PUBLIC ACADEMY<\/p>\n
Name: Virginia Trujillo<\/p>\n
Title: Governance Counsel President<\/p>\n
Phone: 505-254- 0280<\/p>\n
Email: virgtruj@comcast.net<\/p>\n
______________________________<\/p>\n
Signature Date<\/p>\n
ALBUQUERQUE PUBLIC SCHOOLS<\/p>\n
Name: Raquel Reedy<\/p>\n
Title: Superintendent<\/p>\n
Phone: 505-880- 3713<\/p>\n
Email: superintendent@aps.edu<\/p>\n
______________________________<\/p>\n
Signature Date<\/p>\n","protected":false},"excerpt":{"rendered":"
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 (\u201cSchool\u201d) and ALBUQUERQUE PUBLIC SCHOOLS (APS).<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[],"_links":{"self":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3798"}],"collection":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3798"}],"version-history":[{"count":2,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3798\/revisions"}],"predecessor-version":[{"id":3803,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=\/wp\/v2\/posts\/3798\/revisions\/3803"}],"wp:attachment":[{"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/21stcenturypa.com\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}