HomeMy WebLinkAboutC-3891 - Agreement for Collection of School Fees Pursuant to Education Code Section 17620OM I
AGREEMENT FOR COLLECTION
OF SCHOOL FEES PURSUANT TO
EDUCATION CODE SECTION 17620
THIS AGREEMENT is entered into this /Uri day of OOb er , 2006, ("Effective
Date") by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
("City"), and Newport -Mesa Unified School District, a California public school district
located at 2985-A Bear Street, Costa Mesa, Ca 92626 ("District"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. District is a school district duly organized and validly existing under the laws of
the state of California, and serving the residents of Newport Beach and Costa
Mesa.
C. Pursuant to Education Code Section 17620, the City and District are authorized
to enter into a contractual agreement, to collect and otherwise administer, on
behalf of the District, any fee or charge authorized under Education Code Section
17620.
D. District and City desire to enter into this Agreement to provide for the City to
collect fees and charges authorized to be levied under Education Code Section
17620 and as set forth in Government Code Section 65995, subject to the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Entire Agreement. This agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all
other prior writings and oral negotiations. This agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification
after approval by each party's respective legislative body. The terms of this
Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto.
2. Term. The term of this Agreement shall commence on the above written date, ,
and shall terminate on the 1St day of June, 2011, unless terminated earlier as set
forth herein.
3. Amount of Fees. District shall provide, in writing, the effective dates and
amounts per square foot of assessable and chargeable space for City to use in
calculating the total fees due at least thirty (30) days prior to the effective date of
such fees.
4. Updates. District shall provide timely updates to any pertinent information
needed by City in the performance of this Agreement.
5. Prior Fees. Where prior school fees have been paid or an alternative agreement
for the payment of school fees has been entered into with District, District shall
instruct City as to the amount and extent credit to be applied to the particular
development project.
6. Calculation. City shall calculate the amount of the fees in compliance with
Education Code Sections 17620 et seq. and Government Code Sections 65995
et seq. as amended and any other applicable statutes.
7. Time of Collection. Thirty days after the Effective Date of this Agreement, the
City shall begin collecting fees from third parties. City shall collect the fees from
the parties upon whom the fees are imposed at the time of issuance of the
building permit as authorized by Government Code Section 66007(b).
8. Transmission. Fees collected pursuant to this Agreement shall be transmitted
within thirty (30) days after the last day of the month that the fees were collected
to the District.
9. Administrative Charge. In consideration of the fee allowed for recovery of
processing and other administrative services provided by City under this
Agreement pursuant to Education Code 17620(a)(5), City shall retain zero
percent (0%) of all fees collected as a charge for administration and collection of
the fees. The City, however, shall be entitled to retain any and all interest that
accrues on any fees collected pursuant to this Agreement.
10. Disputes. Should any disputes arise concerning the amount or application of the
fee or if any party upon whom the fee has been imposed protests the
establishment or imposition of the fee (in accordance with Government Code
Section 66020) for any individual project, the matter shall be referred to District
for resolution and District shall instruct City in writing as to course of action.
11. Waiver.
a. District expressly waives any right, title, interest, claim, action or recourse
that District may have against City for perceived or actual miscalculations
by City of the fee or charge for each development project calculated by
City staff.
b. Notwithstanding the above, this Agreement shall not be construed to limit
or restrict in any way the rights of City or District from attempting to collect
fees or charges from any developer for any development project when it is
believed by District or City that the fees were improperly calculated.
12. Indemnity. To the fullest extent permitted by law, District shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers,
2
agents, volunteers, and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims"), which may arise from or in any manner relate (directly or indirectly) to
this Agreement, any breach of the terms and conditions of this Agreement, the
perceived or actual miscalculation of fees or charges, the violation of any law,
statute rule or regulation, and any work performed or services provided under
this Agreement.
Notwithstanding the foregoing, nothing herein shall be construed to require
District to indemnify the Indemnified Parties from any Claim arising from the
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement.
13. Changes in Procedure. In the event District perceives a need for change in the
general procedure used by City staff in assessing the fees, representatives of
District and City shall meet to discuss changes in the procedure. If City and
District are unable to come to an agreement, this contract may be terminated, as
set forth below.
14. Termination. Either party may terminate this Agreement by providing ninety (90)
days prior written notice to the other party.
15. Cooperation. District and City agrees to work closely and cooperate fully with
City during the performance of this Agreement.
16. Notices. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first class mail, addressed as
hereinafter provided.
All notices, demands, requests or approvals from District to City shall be
addressed to City at:
Attn: City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658-8915
(949) 644-3000; Fax (949) 644-3020
All notices, demands, requests or approvals from City to District shall be addressed to
District at:
3
Attn: Superintendent
Newport -Mesa Unified School District
2985-A Bear Street
Costa Mesa, CA 92626
(714) 825-0194; Fax (714) 825-0195
17. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein,
whether of the same or a different character.
18. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
19. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
20. Controlling Law and Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County
of Orange.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF NEWPORT BEACH
omer Bludau, ity Manager
APPROVED AS TO FORM:
By: '. r �[ ,
Aaron C. Harp,
Assistant City Attorney
F:\users\cat\shared\Ag\NMUSDschooI Fees. doc
NEWPORT -MESA UNIFIED
SCHOOL STRICT
By: .�
Paul H. Reed, Deputy
Superintendent, CBO
Business Services
ATTEST:
LaVonne Harkless,
City Clerk
:I
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 10, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director, (949) 644 -3123,
ddanner@city.newport-beach.ca.us
SUBJECT: Agreement for Collection of School Fees Pursuant to Education
Code Section 17620
UE:
Should the City enter into an Agreement with the Newport-Mesa Unified School District
to allow the City to collect development fees on behalf of the School District?
RECOMMENDATION:
Approve the Agreement to allow the City to collect development fees on behalf of the
Newport-Mesa Unified School District.
DISCUSSION:
Currently the Newport-Mesa Unified School District is permitted to levy and collect
development fees pursuant to Education Code Section 17620. These fees are currently
collected by the School District. As an improvement to customer service, the School
District is desirous of the City to collect these fees on behalf of the School District at the
same time the City levies and collects City development fees. The fees attributable to
the School District will be remitted by the City to the District on a monthly basis. Since
the School District fees will be levied and collected at the same time as City
development fees, the City will not charge an administrative fee to the School District for
the performance of this service. All terms and conditions of the fee collection
arrangement are included in the proposed Agreement.
Environmental Review: None required.
Public Notice: With City Council Agenda
Funding Availability: None Required.
Alternatives: To not adopt the Agreement, thereby precluding the collection of Newport-
Mesa Unified School District development fees by the City on behalf of the School
District.
Prepared and Submitted by:
Dennis C. Danner, Director
Attachment: Agreement
AGREEMENT FOR COLLECTION
OF SCHOOL FEES PURSUANT TO
EDUCATION CODE SECTION 17620
THIS AGREEMENT is entered into this day of , 2006, by and
between the City of Newport Beach ( "City ") and the Newport -Mesa Unified School
District ( "District ").
WITNESSETH:
WHEREAS, District is authorized, pursuant to Education Code Section 17620, to
levy and collect additional development fees; and
WHEREAS, District and City wish to provide for the collection of the fees,
including the payment to City of administrative costs for the collection thereof under
Education Code Section 17620, et seq. and Government Code Section 65995 et seq.;
and
WHEREAS, District desires to enter into an agreement with City for City to collect
and otherwise administer the fees on behalf of District pursuant to Education Code
Section 17620(a)(4).
NOW, THEREFORE, the parties hereto agree as follows:
1. Entire Aareement. This agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any
and all other prior writings and oral negotiations. This agreement may be modified only
in writing, and signed by the parties in interest at the time of such modification after
approval by each party's respective legislative body. The terms of this Agreement shall
prevail over any inconsistent provision in any other contract document appurtenant
hereto.
2. Term. The term of this Agreement shall not exceed five (5) years, through
and including June 1, 2011.
3. Amount of Fees. District shall provide, in writing, the effective dates and
amounts per square foot of assessable and chargeable space for City to use in
calculating the total fees due at least thirty (30) days prior to the effective date of such
fees.
4. Updates. District shall provide timely updates to any pertinent information
needed by City in the performance of this Agreement.
5. Prior Fees. Where prior school fees have been paid or an alternative
agreement for the payment of school fees has been entered into with District, District
shall instruct City as to the amount and extent credit to be applied to the particular
development project.
6. Calculation. City shall calculate the amount of the fees in compliance with
Education Code Sections 17620 et seq. and Government Code Sections 65995 et seq.
as amended and any other applicable statutes.
7. Time of Collection. City shall collect the fees from the parties upon whom
the fees are imposed at the time of issuance of the building permit AS AUTHORIZED
PURSUANT TO Government Code Section 66007(b).
8. Transmission. Fees collected pursuant to this Agreement shall be
transmitted monthly to the District.
9. Administrative Charge. In consideration of the fee allowed for recovery of
processing and other administrative services provided by City under this Agreement
pursuant to Education Code 17620(a)(5), City shall retain zero percent (0 %) of all fees
collected as a charge for administration and collection of the fees.
10. Disputes. Should any disputes arise concerning the amount or application
of the fee or if any party upon whom the fee has been imposed protests the
establishment or imposition of the fee (in accordance with Government Code Section
66020) for any individual project, the matter shall be referred to District for resolution
and District shall instruct City in writing as to course of action.
11. Waiver.
a. District expressly waives any right, title, interest, claim, action or
recourse that District may have against City for.perceived or actual
miscalculations by City of the fee for each development project calculated by City
staff.
b. Notwithstanding the above, this Agreement shall not be construed
to limit or restrict in any way the rights of City or District from attempting to collect
fees from any developer for any development project when it is believed by
District or City that the fees were improperly calculated.
12. Indemnity. District shall indemnify and defend City against and hold it
harmless from any and all loss, damage and liability for damages, including attorney's
fees and other costs of defense incurred by City as a result of the fees by City
hereunder.
13. Changes in Procedure. In the event District perceives a need for change
in the general procedure used by City staff in assessing the fees, representatives of
District and City shall meet to discuss changes in the procedure. If City and District are
unable to come to an agreement, this contract may be terminated, as set forth below.
14. Termination. Either party may terminate this Agreement by providing
ninety (90) days prior written notice to the other party.
CITY OF NEWPORT BEACH
City Manager
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
NEWPORT -MESA
UNIFIED SCHOOL DISTRICT
H. Reed,
Deputy Superintendent, CBO
Business Services
ATTEST:
APPROVED AS TO FORM: