AMENDED AGREEMENT FOR THE
TRITON REGIONAL SCHOOL DISTRICT
SEPTEMBER, 2006

Original Agreement Adoption Date: 1966
Amended Agreement Adoption Date: 1993
Reviewed Agreement Date: 1997
Amended Agreement Adoption Date 2006


TABLE OF CONTENTS

SECTION I – TRITON REGIONAL DISTRICT SCHOOL COMMITTEE
SECTION II – TYPE OF REGIONAL DISTRICT SCHOOL
SECTION III – LOCATION OF SCHOOLS
SECTION IV – APPORTIONMENT AND PAYMENT OF COSTS INCURRED BY THE DISTRICT
SECTION V – BUDGET
SECTION VI – INSURANCE
SECTION VII – INDEMNITY
SECTION VIII – TRANSPORTATION
SECTION IX – AMENDMENTS
SECTION X – ADMISSION OF ADDITIONAL TOWNS TO THE DISTRICT
SECTION XI – WITHDRAWAL OF MEMBER TOWNS
SECTION XII – PUPILS
SECTION XIII – ANNUAL REPORT
SECTION XIV – COMMUNICATION COMMITTEE
SECTION XV – INCURRING OF DEBT
SECTION XVI – APPLICATION OF STATE AND FEDERAL GRANTS
SECTION XVII – JURISDICTION
SECTION XVIII – SEVERABILITY OF SECTIONS
SECTION XIX – ENFORCEABILITY OF SECTIONS


This agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts, as amended, between the Towns of Newbury, Rowley and Salisbury, hereinafter sometimes referred to as member towns and the Triton Regional School District hereinafter sometimes referred to as the District. In consideration of the mutual promises herein contained it is hereby agreed as follows:


SECTION I
THE REGIONAL DISTRICT SCHOOL COMMITTEE

(A) COMPOSITION: The powers and duties of the Regional School District shall be vested and exercised by a Regional District School Committee, hereinafter sometimes referred to as the Committee. The Triton Regional
School Committee shall consist of three members from each town. Nominations for membership on the Regional District School Committee shall be made in accordance with the procedures prescribed by law for nomination
of town officers in the town in which the nominee resides. Town Clerks in each member town will certify election results to each other as soon as possible after the district wide election, but in no case later than forty-eight (48) hours after the polls close. Town Clerks will administer the oath of office to the duly elected
Regional District School Committee members from their respective towns.  Members serve a three-year term on a staggered basis. Annually, one member from each town is elected district-wide in an election to be held on the second Tuesday in May.

(B) VACANCIES: Any vacancy occurring on the Regional District School Committee for any cause shall be filled by the local Board of Selectmen and the remaining Regional District School Committee members from the town in which the vacancy occurs. Such replacement shall serve until the next scheduled Regional District School Committee election at which time a candidate shall be elected to fill the remainder of the term.

(C) ORGANIZATION: Annually, at the first Regional District School Committee meeting held after the district wide election, the Regional District School Committee shall organize and elect a chairperson, vice-chairperson and secretary from its own membership. At this organizational meeting, the Regional District School Committee shall fix the time and place for its regular meetings, provide for the calling of special meetings upon notice to all its members, choose such other officers as it deems advisable, and prescribe the powers and duties of these officers.

(D) QUORUM: A quorum to conduct business shall consist of five members except for budgetary considerations where a two-thirds (six members) vote of the committee is required. A number less than five may adjourn.
(E) VOTES AND GOVERNANCE: Any action voted by the Regional District School Committee which directly and specifically affects the elementary school(s) in only one town requires that all members of the Committee from
the town in which the affected elementary school is located vote in support of that action. The intent of full regionalization is to expand existing programs or to install new programs in the elementary schools to address inequities rather than to reduce or eliminate programs in any elementary school. Furthermore, the intent of this clause is to provide protection to an elementary school(s) for programs that exist at the time of full regionalization. All members of the Regional District School Committee from the town in which the affected
elementary school is located must vote in support of any action to close a school, to eliminate an existing program, or to reduce funding for staff or supplies for an existing program. The Regional District School Committee may vote to expand existing programs or to install new programs in an elementary school(s) by a majority vote.

The Regional District School Committee shall be responsible for maintaining a policy manual for the operation of the Regional Schools, the organization of the administrative staff, and the governance of the District as an educational entity.


SECTION II
TYPE OF REGIONAL DISTRICT SCHOOL

(A) The Regional School District shall include all grades from PK – 12.

(B) The high school shall serve students in grades 9 -12.

(C) The middle school shall serve students in grades 7 – 8.

(D) The elementary schools shall serve students in grades PK – 6.


SECTION III
LOCATION OF SCHOOLS

(A) The Regional School District middle and high school buildings shall be located on the site currently owned by the District in the Town of Newbury.

(B) There shall be not less than one elementary school in each member town.  Students in grades PK – 6 shall attend schools in their towns of residence, except in cases of emergency as defined by the Regional District School Committee, children attending special education low incidence classes, regional “magnet” classes, or intra-district school choice.

(C) At the time of full regionalization, all equipment, supplies, and materials in each elementary school were turned over to the District.  The Town of Newbury shall make the land and building presently known as the Newbury Elementary School available to the District.  The Town of Rowley shall make the land and building presently known as Pine Grove School available to the District. The Salisbury Elementary School is owned by the Regional School District. The Town of Salisbury shall make the land for the site presently known as Salisbury Elementary School available to the District.  Should the Town of Salisbury, at any time, withdraw from the Triton Regional School District, Salisbury Elementary School shall be turned over to the town.


SECTION IV
APPORTIONMENT AND PAYMENT OF COSTS INCURRED BY THE DISTRICT

(A) CLASSIFICATION OF COSTS: For the purpose of apportioning costs among the member towns costs shall be divided into two categories: capital costs and operating costs.

(B) CAPITAL COSTS: Capital costs shall include all expenses in the nature of capital outlay for the middle/high school such as the cost of acquiring land, the cost of constructing, reconstructing, and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such building or additions, plans, architects’ and consultants’ fees, grading and other costs incidental to placing school buildings and additions and related premises in operating condition. Capital costs shall also include payment of principal of and interest on bonds, notes or other obligations issued by the District to finance capital costs.  Capital costs including all expenses in the nature of capital outlay for the elementary schools such as the cost of acquiring land, the cost of constructing, reconstructing, and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such building or additions, plans, architects’ and consultants’ fees, grading and other costs incidental to placing school buildings and additions and related premises in operating condition as well as payment of principal of and interest on bonds, notes or other obligations issued by a member town(s) to
finance capital costs shall be the responsibility of the town(s) in which the elementary school(s) is located.

(C) OPERATING COSTS: Operating costs shall include all costs not included in capital costs as defined in Subsection IV (B), but including interest on temporary notes issued by the District in anticipation of revenue.

(D) APPORTIONMENT OF CAPITAL AND OPERATING COSTS: Each member town’s share of the capital and operating costs shall be determined initially by assessing each town’s minimum required local contribution as determined by the Massachusetts Department of Education in accordance with Massachusetts General Law Chapter 70, Section 6. Each member town’s share of amounts in excess of the combined minimum required local contributions shall be determined by computing the ratio which that town’s pupil enrollment in the Regional School District on October 1 of the year next preceding the year for which the apportionment is determined bears to the total pupil enrollment from all of the member towns in the Regional School District on the same date.

(E) TIMES OF PAYMENT OF APPORTIONED COSTS: Each member town shall pay to the District in each year its proportionate share, certified as provided in Subsection V (B), of the capital and operating costs. The annual share of each member town shall be paid monthly. Such payment will be one twelfth of the total assessment.

Payments are due on the 15th day of each month. Payments not received within thirty days of the due date may be subject to an interest charge at a rate of 1 % per month.


SECTION V
BUDGET

(A) TENTATIVE MAINTENANCE AND OPERATING BUDGET: On or before February 12th of each year, the Committee shall prepare a tentative maintenance and operating budget for the ensuing fiscal year, including therein provision for any installment of principal or interest to become due in such year on any bonds, notes or other obligations of the District and any other capital costs to be apportioned to the member towns in such year. The budget shall be in reasonable detail including the amounts payable under the following classification of expenses and such other classifications as may be necessary:

  1. Administration
  2. Instruction
  3. Other School Services
  4. Operation and Maintenance of Plant
  5. Fixed Charges
  6. Community Service
  7. Acquisition of Fixed Assets
  8. Debt Retirement and Debt Service
  9. Programs with Other Districts and Private Schools

Copies of such tentative budget shall be provided to the chairman of the finance or advisory committee and to the chairman of the board of selectmen, and Town Manager where applicable of each member town on or before February 28th.

(B) FINAL MAINTENANCE AND OPERATING BUDGET: The Committee shall adopt an annual maintenance and operating budget for the ensuing fiscal year. Said budget shall be determined and apportioned between the member towns in accordance with the assessment formula defined in Section IV (D) of this Agreement. Said budget shall further include debt and interest charges and any other current capital costs as separate items and shall apportion the amounts necessary to be raised in order to meet said budget in accordance with Section IV (D). Copies of such final total budget shall be delivered to the chairperson of the finance and advisory committee, to the chairperson of the board of selectmen, and the Town Manager where applicable of each member town on or before March 15.

(C) CERTIFICATION OF APPORTIONMENT: The amounts so apportioned of the net budget for each member town shall, prior to March 15th of each year preceding the fiscal year to which said net budget relates, be certified by the district treasurer to the treasurers of the member towns, and each town shall, at its next annual town meeting, appropriate the amounts so certified to it.

(D) APPROVAL OF BUDGET BY MEMBER TOWNS: Approval by the member towns of the budget is governed by Massachusetts General Laws, Chapter 71, Section 16 B as is exists or may hereafter be amended.


SECTION VI
INSURANCE

(A) HIGH / MIDDLE / SALISBURY ELEMENTARY SCHOOLS: The District shall provide at its expense and keep in full force and effect during this Agreement, the following insurance:

  1. “All Risk” property insurance in an amount satisfactory to cover real and personal property from all physical loss or damage on a replacement cost basis.
  2. General liability insurance for bodily injury or property damage to third parties and which names each of the member towns as additional insureds.

(B) NEWBURY ELEMENTARY / PINE GROVE SCHOOLS: The District shall provide at its expense and keep in full force and effect during this Agreement, the following insurance:

  1. “All Risk” property insurance in an amount satisfactory to cover contents from all physical loss or damage on a replacement cost basis.
  2. General liability insurance for bodily injury or property damage to third parties and which names each of the member towns as additional insureds

The District shall deliver certificates of the insurance required herein to the member towns at the beginning of each fiscal year. Further, the district or its agent shall notify the member towns of any material change to the insurance provided under this section. Such notice must be given thirty days prior to such change.


SECTION VII
INDEMNITY

(A) The District shall defend, indemnify and hold harmless the member towns from and against any and all liability, damage, penalties, liens or judgments arising from injury to any person or property resulting from any actual or alleged act or omission of the district or the District’s officers, agents, servants, employees, contractors, or sub contractors of any tier or any person for whom the District may be legally liable.

(B) Each member town shall defend, indemnify and hold harmless the District from and against any and all liability, damage, penalties, liens or judgments arising from injury to any person or property resulting from any actual or alleged act or omission of the respective member town, or its officers, agents, servants, employees, contractors, or sub contractors of any tier or any person for whom the member town may be legally liable.


SECTION VIII
TRANSPORTATION

School transportation shall be provided by the Regional School District and the cost thereof shall be apportioned to the member towns as an operating cost.


SECTION IX
AMENDMENTS

(A) LIMITATION: This agreement may be amended from time to time in the manner hereinafter provided, but no amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other evidences of indebtedness of the District then outstanding or the rights of the District to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of a new town or towns to the District and the reapportionment accordingly of capital costs of the District represented by
bonds or notes of the District then outstanding and of interest thereon.

(B) PROCEDURE: Any proposal for amendment, except a proposal for amendment providing for the withdrawal of a member town (which shall be acted upon as provided in Section IX), may be initiated by a two-thirds vote of all members of the Committee or by petition signed by 10 percent of the registered voters of any one of the member towns. In the latter case, said petition shall contain at the end thereof a certification by the Town Clerk of such member town as to the number of registered voters in said town according to the most recent voting list and the number of signatures on the petition which appear to be the names of registered voters of said town and said petition shall be presented to the secretary of the Regional School Committee. In either case, the secretary of the Regional School Committee shall mail or deliver a notice in writing to the board of selectmen of each of the member towns that a proposal to amend this agreement has been made and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition). The selectmen of each member town shall
include in the warrant for the next annual or a special town meeting called for the purpose an article stating the proposal or the substance thereof. Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be by a majority vote at a town meeting as aforesaid.


SECTION X
ADMISSION OF ADDITIONAL TOWNS TO THE DISTRICT

By an amendment of this agreement adopted under and in accordance with Section IX above any other town or towns may be admitted to the Regional School District upon adoption as therein provided of such amendment and upon acceptance by the town or towns seeking admission of the agreement as so amended and also upon compliance with such provisions of law as may be applicable and such terms as may be set forth in such an amendment.


SECTION XI
WITHDRAWAL OF MEMBER TOWNS

(A) LIMITATIONS: The withdrawal of a member town from the District may be affected by an amendment to this agreement in the manner hereinafter provided by this section. Any member town seeking to withdraw shall, by vote at an annual or special town meeting, request the Regional District School Committee to draw up an amendment to this agreement setting forth the terms by which such town may withdraw from the District, provided (1) that the town seeking to withdraw shall remain liable for any unpaid operating costs which have been certified by the District treasurer to the treasurer of the withdrawing town, including the full amount so certified for the year in which such withdrawal takes effect and (2) that the said town shall remain liable to the District for its share of the indebtedness of the District outstanding at the time
of such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the District.

(B) PROCEDURE: The clerk of the town seeking to withdraw shall notify the Regional District School Committee in writing that such town has voted to request the Regional School Committee to draw up an amendment to the agreement (enclosing a certified copy of such vote). Thereupon, the Regional District School Committee shall draw up an amendment to the agreement setting forth such terms of withdrawal as it deems advisable, subject to the limitation contained in Subsection IX (A).

The secretary of the Regional District School Committee shall mail or deliver a notice in writing to the board of selectmen of each member town that the Regional District School Committee has drawn up an amendment to the agreement providing for the withdrawal of a member town (enclosing a copy of such amendment). The selectmen of each member town shall include in the warrant for the next annual or special town meeting called for the purpose an article stating the amendment or the substance thereof. Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be by a majority vote at a town meeting as aforesaid.

(C) CESSATION OF TERMS OF OFFICE OF WITHDRAWING TOWN’ S MEMBERS: Upon the effective date of withdrawal the terms of office of all members serving on the Regional District School Committee from the withdrawing town shall terminate and the total membership of the Regional District School Committee shall be decreased accordingly.

(D) PAYMENTS OF CERTAIN CAPITAL COSTS MADE BY A WITHDRAWING TOWN: Money received by the District from the withdrawing town for payment of funded indebtedness or interest thereon shall be used only for such purpose and until so used shall be deposited in trust in the name of the District with a Massachusetts bank or trust company having a combined capital and surplus of not less than $5,000,000.

(E) APPORTIONMENT OF CAPITAL COSTS AFTER WITHDRAWAL: The withdrawing town’s annual share of any future installment of principal and interest on obligations outstanding on the effective date of its withdrawal shall be fixed at the percentage prevailing for such town at the last annual apportionment made next prior to the effective date of the withdrawal. The remainder of any such installment after subtracting the shares of any town or towns which have withdrawn shall be apportioned to the remaining member towns in the manner provided in Subsection IV (D) or as may be otherwise provided in the amendment providing for such withdrawal.


SECTION XII
PUPILS

(A) PUPILS ENTITLED TO ATTEND THE REGIONAL DISTRICT SCHOOL: The Regional School District shall accept all children who reside in the District and who meet age and any other requirement prescribed by law.

(B) VOCATIONAL AND TRADE SCHOOL PUPILS: Any pupil residing in a member town who is desirous of attending a trade or vocational school outside the District shall have all the privileges of attending such a school as are now or may be hereafter provided for by law and the cost of tuition for attending such a school and the cost of transportation, when necessary, shall be borne by the town wherein the student resides.

(C) ADMISSION OF PUPILS RESIDING OUTSIDE THE DISTRICT: The Regional District School Committee may accept for enrollment in the regional district schools pupils from towns other than the member towns in accordance with the Massachusetts General Laws.


SECTION XIII
ANNUAL REPORT

The Regional District School Committee shall submit in March an annual report to each of the member towns containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each town were computed together with such additional information relating to the operation and maintenance of the regional school as may be deemed necessary by the Regional District School Committee or by the selectmen of any member town.


SECTION XIV
COMMUNICATION COMMITTEE

A committee comprised of one selectperson, one finance member, and one school committee member from each town and the superintendent shall be organized for the purpose of establishing a means for town/district communication. This committee is solely for the exchange of information. Meetings shall be convened on a minimum of a quarterly basis.


SECTION XV
INCURRING OF DEBT

Not later than seven days after the date on which the Regional District School Committee authorizes the incurring of debt, other than temporary debt in anticipation of revenue to be received from member towns, written notice of the date of said authorization, the sum authorized, and the general purpose or purposes for authorizing such debt, shall be given to the board of selectmen in each member town.


SECTION XVI
APPLICATION OF STATE AND FEDERAL GRANTS

(A) APPLICATION OF STATE GRANTS: Any state school construction grants received by the District including reimbursements received under the provisions of Section 6 of Chapter 645 of the Acts of 1948, as amended, shall be applied only to the payment of capital costs as defined in Subsection IV (B).

(B) FEDERAL AID: The amount of any reimbursement received from the United States with respect to operating costs as described in Subsection IV (C) under any law establishing assistance for such costs and basing such assistance upon the number of federally-connected children residing in the area or attending school in the area, or upon any similar factor, shall be credited against the liability of any member town to the District on account of operating costs in the same proportion as such number of federally-connected children or such similar factor bears to corresponding number or factor in the regional district as a whole. Any determination by the regional school committee of an allocation under this subsection shall be conclusive and binding upon the member town.


SECTION XVII
JURISDICTION

The jurisdiction of the Regional District School Committee shall be extended to include all pupils in all grades PK-12 commencing on July 1, 1994.


SECTION XVIII
SEVERABILITY OF SECTIONS

According to Chapter 71 Section 16I in the event that any provision of this Regional School District Agreement shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.


SECTION XIX
ENFORCEABILITY OF SECTIONS

Failure of the District or any of the member towns to enforce any section of this Agreement in a given instance shall not waive that party’s right to enforce that section in a future instance.