HomeMy WebLinkAboutReimbursement Agreement with Arcadia Unified School DistrictV emotandum
Date: May 14, 1992
TO:
FROM:
SUBJECT:
Mayor and City Council
City Attorney
Reimbursement Agreement with School District
Attached is my draft of subject agreement in response to what
was initially submitted by the District. Their draft covered
charges as set forth under section 2 A. I included Section 2 B per
direction of Council to seek every legally reimbursable cost.
I am sending this to you in draft form while I await their
response. If the Council has any concerns, particularly with regard
to our coverage of City clerk staff preparation costs as set forth
at section B4, please advise. Changes to the agreement can be made
up to the time of Council's vote on the Agreement as long as the
District concurs.
Please advise if there are any questions or concerns in view
of on -going negotiations.
cc. City Manager pro tem
City Clerk
P. S.
At 3 p.m. on this date I received a call from the Districts
lawyer, 2 minor changes were made to the Agreement at which time
he indicated that the Superintendent would sign the Agreement as
attached. Unless Mr. Towner disagrees it appears the Agreement can
be signed in its current form.
av :k`n
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement, executed and entered into as of
May 19, 1992, by the CITY OF ARCADIA, CALIFORNIA (the "City ") , a
Charter City duly organized and existing under and by virtue of the
laws of the State of California and the ARCADIA UNIFIED SCHOOL
DISTRICT, a School District duly organized and existing under and
by virtue of the Constitution and laws of the State of California
(the "District ").
W I T N E S S E T H:
WHEREAS, the City and the District have both adopted
resolutions ordering elections to be held on September 15, 1992,
pursuant to which the City and the District have also ordered such
elections to be consolidated; and
WHEREAS, under and pursuant to the provisions of Section 5420
of the Education Code and Section 23311 of the Elections Code, the
District intends to reimburse the City for all costs and expenses
associated with such consolidated election; and
WHEREAS, all acts, conditions and things required by law to
exist, to have happened and to have been performed precedent to and
in connection with the execution and entering into of this
Reimbursement Agreement do exist, have happened and have been
performed in regular and due time, form and manner as required by
law, and the parties hereto are now duly authorized to execute and
enter into this Reimbursement Agreement; and
WHEREAS, the City proposed September 15, 1992 Special Election
for certain Charter revisions is not part of the regular cycle of
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municipal elections for the City of Arcadia and therefore even so-
called routine election functions would not occur or involve the
City, except for the conduction of a Bond Election for the Arcadia
Unified School District (District); -, -id
WHEREAS, the City Special Election is being conducted on
September 15, 1:92 in sole response to the request of the School
District, and in accommodation to their request and need to
schedule a Bond Election on September 15, 1992; and
WHEREAS, in order for the District to have their Bond Election
on September 15, 1992 it is necessary for the City of Arcadia to
conduct a Special Municipal Election on that date. This is the
reason for the Charter revision measure at this time; and
WHEREAS, in response to the documented request of the District
to accommodate their need for a September 15, 1992 Bond Election
they have adopted Resolution 700 (a Resolution of the Board of
Education) which sets forth their commitment to pay all costs and
expenses of the consolidated election.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE
MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER
VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS
FOLLOWS:
SECTION 1. Election
In accordance with Resolution No. 700 of the Board of
Education of the District, adopted on May 11, 1992, Section 5420
of the Education Code and Section 23311 of the Elections Code, the
District hereby authorizes and directs the appropriate Elections
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Official of the City to conduct the Consolidated Election. In
consideration of the above, the District shall reimburse the City
for all costs and expenses of the Consolidated Election.
SECTION 2. Costs and Expenses
A. The City a l District hereby acknowledge that such costs
and expenses shall include, but are not limited to :
(1) Compensation of precinct election officers;
(2) Publication of notices;
(3) The cost of printing official ballots, sample ballots,
indexes, arguments, statements, official notices, and
card notices;
(4) Mailing charges for card notices, arguments, recommenda-
tions, statements, and sample ballots;
(5) Forms for rosters, tally sheets, certificates, envelopes,
declaration of results forms, and legal forms required
for bond elections;
(6) Precinct maps; and
(7) The actual cost of supplies such as flags, ballot boxes,
chairs and tables, booths, ink pads and stamps, and
pencils, provided, that if any such can be borrowed from
any state or county office, no charge for rental shall
be included in the cost of elections.
B. In addition to those items listed under A above, in
recognition of the preamble clauses set forth above, and the
underlying premise of this Agreement that the City Special Election
of September 15, 1992 on Charter revisions is to accommodate the
School District and that the City would not normally incur any
costs or expenses for an election scheduled for September 15, 1992,
the following costs and expenses shall be the sole responsibility
of the District and shall be reimbursed to the City as set forth
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herein.
(1) Any costs or expenses reasonably related to those
enumerated under A above,
(2) Costs for establishing and reviewing precinct maps,
(3) Training of poll workers and maintaining poll sites
including janitorial fees,
(4) All other City Clerk staff preparation costs including
reasonable regular time and overtime related to the
September 15, 1992 election,
(5) Maintenance of voter files,
(6) Costs incurred by the City in relation to City Resolution
No. 5669 (election services provided by Los Angeles
County) ,
(7) Costs incurred by City to Martin & Chapman (election
administrators and suppliers).
All of the items set forth or contemplated by the above (A &
B) relate to costs and expenses for preparation and conduct of the
whole election set for September 15, 1992 involving City Charter
revisions and a District Bond Election. It is hereby agreed that,
upon request, the auditors of District shall have access to the
City's records in connection with the election costs and expenses.
SECTION 3. Reimbursement Obligation
It is hereby acknowledged and agreed that the reimbursement
obligation of the District to the City in accordance with Section
1 hereof shall be paid no later than the first to occur of the
follows:
(i) The tenth (10th) business day following the date on
which the proceeds of the general obligation bonds
(for which purpose the District election shall be
held) becomes available to the District; or
(ii) February 1, 1993;
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providing however, upon written request of the District, the City
may extend the date of payment, if approved by a motion of the City
Council.
Payment of the above is an obligation of the District
irrespective of whether or not the bond election is successful.
District is commited to pay the amount due and owing pursuant to
this contract out of District funds not attributable to bond
proceeds.
IN WITNESS WHEREOF, the parties hereto have executed and
attested this Reimbursement Agreement by their officers thereunto
duly authorized as of the day and year first written above.
CITY OF_-�,RCADIA, ALIFORNIA
by
of the City of Arcadia
ARCADIA UNIFIED SCHOOL DISTRICT
by
Superintendent
APPROVED AS TO FORM:
Mic ael H. Miller
City Attorney