Maryland Statutes
Part V - Restrictions on Bonds and Borrowing
Section 10-646 - Memorandum of Understanding

(a)    Before any bonds are issued to finance improvements to a Baltimore City public school facility:
        (1)    a four–party memorandum of understanding that meets the requirements of this section shall be entered into and signed by the Authority, Baltimore City, the Baltimore City Board of School Commissioners, and the Interagency Commission on School Construction; and
        (2)    the Baltimore City Board of School Commissioners shall submit a long–term educational facilities master plan to the Joint Audit and Evaluation Committee and the budget committees, in accordance with § 2–1257 of the State Government Article.
    (b)    In the case of a dispute between the parties relating to the provisions to be included in the memorandum of understanding, the State Superintendent of Schools shall facilitate resolution of the items in dispute.
    (c)    The memorandum of understanding shall be agreed to by the parties on or before October 1, 2013, and may not go into effect until it is approved by the Board of Public Works.
    (d)    (1)    The memorandum of understanding shall authorize the Authority to design and improve, or contract for the design and improvement of, a Baltimore City public school facility.
        (2)    The authority granted to the Authority under paragraph (1) of this subsection is subject to the rights and responsibilities of the Interagency Commission on School Construction for the design and construction of a Baltimore City public school facility.
    (e)    The memorandum of understanding shall require:
        (1)    specific parameters regarding the roles, rights, and responsibilities of each party with respect to the process for and management of program development, scheduling, budgeting, procurement, design, construction administration, capital equipping, and maintenance of improvements to a Baltimore City public school facility;
        (2)    specific parameters regarding the authority of the Baltimore City Board of School Commissioners over educational programs and issues relating to the Baltimore City Public Schools’ 10–Year Plan, including educational specifications, feasibility studies, and design elements of educational buildings, which shall provide that at the completion of schematic design, all parties shall agree to project scope, schedule, and budget;
        (3)    specific parameters for a review and comment period for any proposed amendments to the Baltimore City Public Schools’ 10–Year Plan, as referenced in § 10–645(a) of this subtitle;
        (4)    specific procedures related to the role of the Interagency Commission on School Construction related to improvements to a Baltimore City public school facility financed under this subtitle, which shall provide for efficiencies in cost, schedules, and processes;
        (5)    a process for determining which planned projects for improvements to Baltimore City public school facilities will proceed as planned or will be postponed or canceled;
        (6)    a pledge by Baltimore City, subject to annual appropriation, to deposit the following into the Baltimore City Public School Construction Financing Fund:
            (i)    all revenues and receipts from the beverage container tax imposed by Baltimore City Ordinance No. 12–45, enacted June 26, 2012; and
            (ii)    10% of the participation rent paid to Baltimore City by the operator of the video lottery facility located in Baltimore City;
        (7)    a partnership between the Baltimore City Board of School Commissioners, the Baltimore City Department of Planning, Housing, Recreation, and Parks, and the Mayor of Baltimore City to coordinate new investment in Baltimore City public school facilities with the community development goals of Baltimore City;
        (8)    a plan for any new or substantially renovated Baltimore City public school facilities to be available for recreational opportunities for the community;
        (9)    a plan to present all architectural plans for all major renovation and new public school construction buildings and sites to the Baltimore City Planning Department’s Urban Design and Architectural Review Panel for schematic and final design review;
        (10)    a process developed and agreed to by Baltimore City and the Baltimore City Board of School Commissioners to expedite the closure of public school buildings as provided in the Baltimore City Public Schools’ 10–Year Plan approved on January 8, 2013, and to arrange for the productive use of the closed buildings through the surplus process;
        (11)    a plan developed by the Baltimore City Board of School Commissioners and approved by the Interagency Commission on School Construction for preventative and ongoing maintenance for existing, new, and renovated Baltimore City public school facilities, including funding sufficient to implement the plan;
        (12)    a plan developed by the Baltimore City Board of School Commissioners and approved by the Interagency Commission on School Construction providing for minimum school utilization standards;
        (13)    the creation of a “Stat” program for the Baltimore City Public Schools’ 10–Year Plan;
        (14)    specific parameters for Baltimore City public school facilities financed under this subtitle regarding:
            (i)    property management, maintenance plans and standards, annual inspections, and property insurance; and
            (ii)    any claims, losses, or damages arising from the Authority’s improvement of any Baltimore City public school facility;
        (15)    a process to resolve disputes and revise the memorandum of understanding, if necessary; and
        (16)    an allocation of the public school improvements to be undertaken by the Authority and the Baltimore City Board of School Commissioners, respectively.