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HomeMy WebLinkAboutCOW 2004-11-08 Item 4D - Contract - Real Estate Development Services with Rob Larsen of ClearPath COUNCIL AGENDA SYNOPSIS 0 7 Initial ITEM NO, i C wt el Meatus, Date I Prepared by Mayor's review I Council review ci 4 f j 11 9 /C�4 1 I �s�,� 1 g 0 1 I I I C I TEM INFO CAS NUMBER: 04-156 I ORIGINAL AGENDA DATE: November 8, 2004 1A. :NDA ITEM TITLE Clearpath Contract CATEGORY Discussion Motion Resolution Ordinance ❑Bid Award Public Hearing Other Mtg Date Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date Nits Date Mtg Date !SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Contracts with Clearpath (Rob Larsen) have expired. The new contract will provide real SUMMARY estate related services for the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte ❑Arts Comm. Parks Comm. Planning Comm. DATE: 10/18/04 RE COMMENDATIONS: SPONSOR /ADMIN. Approve as submitted COMMITTEE Approve as submitted COST IIVMPACT J FUND 4SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRI.ATION REQUIRED $25,000 $25,000 Fund Source: THESE PAYMENTS WILL BE MADE FROM THE GENERAL FUND AND THE FACILITIES FUND. Comments: $"^b'.z��� gR tea A t n g MTG. DATE RECO O.F- C OU`N CIL ACTI 11/8/04 I I I MTG. DATEy `t* t z f-� ,'A ur fs 4 ATTACHMENTS I 11/8/04 Staff Letter dated September 16, 2004 Proposed Contract Finance Safety Committee minutes from October 18, 2004 I Date: Finance & Safety Committee Rh... onda.B...en~....... .................... ~.. .. ...-7 September .16, 2004 To: From: Subject: Economic Development Consultant Services The existing contracts with Rob Larsen (dba ClearPath) have essentially expired and or reached their dollar limits. Attached is a new contract for services related to economic develv}-'Hlent. It is limited to items related directly to economic development with the most significant item being the Tukwila Village development. ........ ,:.~,~..". ;:;, CITY OF TUKWILA CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, entered into as of this day of , 2004, is by and between the City of Tukwila, a Municipal Corporation, hereinafter referred to as the "City" and Rob Larsen, dba ClearPath, hereinafter referred to as the "Consultant." WHEREAS, the City of Tukwila does not possess the staff reso:urces to perform said services and the Consultant is qualified, willing and able to provide and perform said services describedinthis agreement; and WHEREAS, the CitY desires to retain the services of the Consultant to provide assistance in the sale or acquisition of property, further defined in Exhibit A. WHEREAS, the said services to be performed by the Consultant are temporary in nature. NOW THEREFORE, inconsideration of the mutual promises and covenants herein contained, to. be kept, performed and fulfilled by the respective parties thereto, and other good consideration, itis mutually agreed as follows: 1. The City agrees to pay the Consultant for services performed under the contract pursuant to the hourly rate described in Exhibit B"Compensation," but not to exceed $25,000. It is agreed that such payment shall constitute the Consultant's sole compensation for the contract services performed for the City; and furtht:lmore that this contractshall not constitute the establishment of an employer/ employee relationship. The Consultant agrees that he shall be responsible for all associated FICA and Federal withholding tax obligations. The Consultant shall complete and submit a W-4 form to the City of Tukwila Finance Department and shall submit an invoice upon satisfaction of the assigned scope of work or work in progress prior to receipt of payment. Said invoice shall detail the number of hours and specific tasks performed during the billing period. 2. All previous contracts and agreements with Rob Larsen, dba ClearPath are hereby null and void. 3. The term of this agreement shall be through June 30, 2005, unless kuuinated earlier or extended for an additional period as provided under the following section hereof. ClearPath 2004 10/20/04 City of TukwilafClearPath Consultant Services Agreement Page 2 4. This agreement may be extended for an. additional period upon the written consent of both parties hereto, with City Council approval. This agreement may be terminated at will by either party on ten days written notice to the other, except that if either party fails to perform or observe any of the provisions, ~\::~J.Us, or conditions herein, either party may terminate this agreement immediately, as long as written notice is thereafter communicated to the other. 5. Said services, and all duties incidental or necessary thereto shall be conducted and performed diligently and competently and in accordance with professional standards of conduct and performance. 6. All records or papers of any. sort relating to the City and the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required bylaw to be. made public, is confidential and the Consultant will not, in whole or in part, now or at any time, disclose that information without the expressed wrii.~t::H consent of the City. 7. This agreement may not be assigned or otherwise transferred by either party hereto. The Consultant may subcontract to others or hire a portion of the work to be done, provided the Consultant first receives written consent of the City. 8. No change, alteration, modification or addition to this agreement will be effective unless it is in writing and properly signed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this agreement on the day and year first above written. . CONSULTANT CITY OF TUKWILA Rob Larsen, ClearPat.~ Rhonda Berry, City Administrator AUTHENTICATE/ATTEST Jane E. Cantu, City Clerk ClearPath 2004 10/20/04 Exhibit A Scope of Services Clear Path shall work with Tukwila officials to provide technical guidance and direct support. Specific work products are for various development opportunities. )> Provide technical assistance with the Tukwila Village development Phase lA and IB proposals. )> Provide real estate technical assistance at the City Administrator's direction. ExhibitB Te.l..1us of Payment The Consultant will invoice the City for the work completed at the rate of $157.00 per hour at the close of each month.. Invoices will be paid within 20 days of receipt. Any extraordinary expenses claimed shall first be approved by the City of Tukwila before the Consultant obligates any funds. OearPath 2004 10/20/04 Finance and Safety Committee October 18, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel,Darlene Heskett, Rhonda Berry, Peter Beckwith, Lucy Lauterbach; Kevin Fuhrer; resident Ron Phelps 1. Amendment to Public Defender Contract David Kirshenbaum's firm has handled public defender services for the City form,my years. Their reputation is very good, and they have not had a pay increase forthree years. They asked for an increase of 6%, to $9,000/month, or $108,000/year. Darlene had compared their cost to similar costs of defense attorneys for King Countyand for the national average. The annual cost for those attorneys was $292,740 at King County and $328,000 nationally. Tukwila gets a very good rate for good work. Recommend contract to COW. 2. .Cancellation of Accounts Receivable Each year Alan has to write offuncollectable bills owed by people. This year there are fewer write offs; Alan said they were the lowest they've been in ten years. The fines they owe are mostly from fire inspection fees when they fail multiple times and need to be retested; There are disputes between the equipment providers and the clients who fail the tests. One family, the McCoy residence, had fourteen charges for false alarms, with five on one day. Alan thought they'dleft town. Recommend resolution to Retmlar Meetine:. 3. Annual Write-Off of Warrants. Checks and Gift Certificates Just as the City writes off uncollectable bills, they also write offuncashed checks from the City to individuals or companies. The largest number of gift certificates that were not cashed in were from golf course certificates. One water customer who the City owes money to was also listed in the accounts receivable list. Recommend issue to Ree:ular Meetine:. 4. Animal Control Issue The City Attorney's office had drafted new language for the animal control ordinance. The new language gives the City specific authority that had been listed for King County to do. The appeal process is also being changed to go the City's hearing examiner ratherthanKing County's. The Committee heard from Ron Phelps who lives next to three pit bulls that escape with some regularity. He cannot use his back yard because the dogs are so loud in their barking and charging the fence whenever anyone is in Ron's yard. Ron is not anxious to complain because the home with the dogs has retaliated in the past when people have complained about the dogs. All the negatively affected people are somewhat fearful of the house and the dogs that have gotten out at least six times in the past year. Ron said the pit bulls could eat his small dogs easily if they were in the yard when the pit bulls escaped. Peter did not know if the City could regulate back yard behavior, but said he would check. At the next Committee meeting WaU Washington, the head of Animal Control, will be invited. Reschedule. * 5. Clearoath. Consultant Ae:reement Alan noted that this Agreement had been in Committee last month, and it has been refined and changed according to the Committee's wishes. The Scope of Services had one new item of providing technical assistance to the new Economic Development Administrator, and.the Committee recommended deleting that. Otherwise they recommended the contract to Council. Recommend contract to COW.