City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the Redevelopment Agency Board (Agency Board) approve: the
Eleventh Amendment to the existing Professional Services Agreement (Eleventh
Amendment) with Stephen Whipple for Farmers’ Market management services
through June 30, 2013.
BACKGROUND:
On July 15, 1996, the Agency Board approved a Professional Services Agreement
with Stephen Whipple to manage the Culver City Certified Farmers’ Market (the
Market) at the rate of $25.00 per hour. The Agency Board subsequently approved
ten amendments to the original contract, during which time Mr. Whipple’s
compensation was ultimately set at $32.00 per hour.
Mr. Whipple’s weekly duties include physical set-up of the Market, supervision of
assistants and volunteers, selection of farmers and vendors, allocation of space to
farmers and vendors, collection of fees, preparation of financial reports, resolution
of farmers’ disputes, public relations and marketing.
DISCUSSION:
The proposed Eleventh Amendment would extend the terms of the agreement
through June 30, 2013 and maintain his compensation at $32.00 per hour (without
benefits), which is lower than the salary rates of many farmers’ market managers in
comparable cities (Attachment 2.)
Meeting Date: 06/13/2011 Item Number: JC-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of the Eleventh Amendment to the Existing Professional Services
Agreement with Stephen Whipple for Farmers’ Market Management Services.
Contact Person/Dept.:
Jeremy Green/ CDD
Todd Tipton/CDD
Phone Number:
(310) 253-5764
(310) 253-5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Email) Meetings and Agendas – Redevelopment Agency
(06/08/11); (Email) Mr. Stephen Whipple (5/24/11)
Department Approval:
Sol Blumenfeld (05/31/11)
Agency General Counsel Approval:
Murray Kane: (06/02/11)
Chief Financial Officer Approval:
Jeff Muir (06/08/11)
Executive Director Approval:
John Nachbar (06/08/11) City of Culver City, California
Agenda Item Report
When Mr. Whipple assumed management of the Market in 1996, the Market cost
more to operate than it generated in revenue and was, thus, subsidized by the
Agency. Under Mr. Whipple’s management, the Market has operated successfully
and has been a revenue source for the Agency, with last year’s annual revenues
exceeding expenses by approximately $30,000.
Mr. Whipple’s last increase occurred as part of the tenth amendment, increasing his
hourly rate from $30 to $32. Mr. Whipple’s billable hours will continue to be a
maximum of 25 hours per week.
For the last two years, Mr. Whipple has utilized an assistant whose salary is funded
by the Agency. Mr. Whipple is reimbursed up to $14.00 per hour for a maximum of
20 hours per week, plus expenses as approved by the Executive Director. This
allows Mr. Whipple to assemble and supervise the workforce he needs to operate
the Market successfully|1010|.
FISCAL ANALYSIS:
The revenues from the Farmers’ Market provide approximately $30,000 in net
revenue annually. The Eleventh Amendment to Mr. Whipple’s contract maintains the
annual expenditure amount of $56,160 per fiscal year and $112,320 for the term of
the Eleventh Amendment. Sufficient funds have been included in the Executive
Director’s Proposed Budget for Fiscal Year 2011/2012 to meet this expenditure for
Fiscal Year 2011/2012. Should the Agency Board approve this Eleventh
Amendment, a similar amount will be requested as part of the Fiscal Year 2012/2013
budget process.
ATTACHMENTS:
1. Draft of Eleventh Amendment to Contract RA 97-06
2. Comparison Chart of Farmer’s Market manager compensation in other cities
|1010| In addition to his weekly duties of organizing, setting up and dismantling the Market and
supervising the activities, Mr. Whipple initiates special event promotions and prepares marketing
materials for these events, distributes flyers to the elementary schools, participates in the Growing
Great school program and provides Market gift baskets as prizes to local non-profit groups.
Mr. Whipple is an advocate for certified farmers’ markets and continues to receive education and
training in organic farming. He works well with the public, the vendors, the businesses on Main
Street, as well as the City of Los Angeles to ensure the market operates smoothly every Tuesday
from 3-7pm. His extensive experience at the Farmers’ Market, which allows him to select and
maintain respected and diverse produce and product vendors within a very small space, has
resulted in increased attendance and market revenues exceeding expectations.
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council and Agency Board:
1. Approve an Eleventh Amendment to the existing professional services
agreement with Stephen Whipple for Farmers’ Market Management Services
which (1) extends the term through June 30, 2013; (2) maintain the hourly rate
of $32.00 with an aggregate not-to-exceed amount of $56,160 per fiscal year
(including reimbursement of approved Farmers’ Market related expenses),; and
to reimburse Mr. Whipple for Market assistants at an annual rate of $14,560 for
the term of the Amendment; and,
2. Authorize the City Attorney and Agency General Counsel to review/prepare the
necessary documents; and,
3. Authorize the City Manager/Executive Director to execute such documents on
behalf of the City and Agency.
MEETING DATE: June 13, 2011
AGENDA ITEM: Consideration of a Eleventh Amendment to the
Professional Services Agreement with Stephen
Whipple for Farmers’ Market Management Services.
ATTACHMENTS
Pages
1. Draft of Eleventh Amendment to Contract RA 97-06 1-3
2. Comparison Chart of Farmer’s Market manager 4
compensation in other cities
1
ELEVENTH AMENDMENT TO AGREEMENT NO. RA97-06
BETWEEN THE
CULVER CITY REDEVELOPMENT AGENCY AND
STEPHEN WHIPPLE
FOR FARMERS’ MARKET MANAGEMENT SERVICES
THIS ELEVENTH AMENDMENT is made and entered into by and between the CULVER
CITY REDEVELOPMENT AGENCY, hereinafter referred to as “Agency”, and STEPHEN
WHIPPLE, a sole proprietorship, hereinafter referred to as “Contractor”.
WHEREAS, on July 15, 1996, Contractor and Agency entered into Agreement No.
RA97-06 for farmers’ market management services (the “Agreement”);
WHEREAS, on June 2, 1997, the Agency approved an amendment to the
Agreement to extend the term of the contract and to increase the hourly rate (the “First
Amendment”);
WHEREAS, on June 15, 1998, the Agency approved a Second Amendment to the
Agreement to extend the term of the contract, to increase the hourly rate as stated in
the First Amendment and to include a provision allowing Contractor the right to
terminate the Agreement (the “Second Amendment”); and
WHEREAS, on June 21, 1999, the Agency approved a Third Amendment to the
Agreement extending the term and amending the provision allowing Contractor the
right to terminate (the “Third Amendment”); and
WHEREAS, on June 19, 2000, the Agency approved a Fourth Amendment to the
Agreement extending the term of the contract and increasing the hourly rate (the
“Fourth Amendment”); and
WHEREAS, on June 18, 2001, the Agency approved a Fifth Amendment to the
Agreement extending the term of the contract (the “Fifth Amendment”); and
WHEREAS, on hereinafter the term “Agreement” shall mean collectively, the
Agreement, the First, Second, Third, Fourth and Fifth Amendments;
WHEREAS, on June 17, 2002, the Agency approved the Sixth Amendment to the
Agreement extending the term of the contract and increasing the hourly rate (the “Sixth
Amendment”); and
WHEREAS, on November 17, 2003, the Agency approved the Seventh
Amendment to the Agreement extending the term of the contract and increasing the
hourly rate (the “Seventh Amendment”).
ATTACHMENT 1
1
2
WHEREAS, on November 17, 2005 the Agency approved the Eighth Amendment
to the Agreement extending the term of the contract and increasing the hourly rate (the
“Eighth Amendment”).
WHEREAS, on August 20, 2007 the Agency approved the Ninth Amendment to
the Agreement extending the term of the contract and increasing the hourly rate (the
“Eighth Amendment”).
WHEREAS, on August 3, 2009 the Agency approved the Tenth Amendment to
the Agreement extending the term of the contract, increasing the responsibilities and
the hourly rate (the “Tenth Amendment”).
WHEREAS, on hereinafter the term “Agreement” shall mean collectively, the
Agreement, the First, Second, Third, Fourth, Fifth, Six, Seventh, Eighth, Ninth, and
Tenth Amendments;
WHEREAS, on June 13, 2011, the Agency approved the Eleventh Amendment to
the Agreement extending the term of the contract (the “Eleventh Amendment.”)
NOW, THEREFORE, Agency and Contractor hereby agree to amend the Agreement as
follows:
1. Paragraph 2 of the Agreement is amended to read as follows: “The term of this
Agreement shall be from the effective date of July 1, 2011, and shall end June 30,
2013, or when the total amount of the contract has been expended, or when notice
is given to terminate pursuant to Paragraph 22 of this Agreement.”
2. Exhibit B Schedule of Compensation, Paragraph D is amended to read as follows:
“Notwithstanding the foregoing, Stephen Whipple shall complete all the work and
tasks performed pursuant to the Tenth Amendment for a total amount of $56,160
per fiscal year and $112,320 for the term of this agreement, and pursuant to the
Agreement for a total amount of $467,741 plus expenses as approved by the
Agency’s Executive Director.”
3. Except as expressly set forth herein, all terms and conditions of the Agreement shall
remain in full force and effect.
4. The effective date of this Eleventh Amendment is the date it is signed on behalf of
the Agency.
STEPHEN WHIPPLE
Dated: __________________
By________________________________________
Contractor
2
3
CULVER CITY REDEVELOPMENT AGENCY
Dated:_________________
By:______________________________________
John Nachbar, City Manager and Executive Director
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
By:_________________________
Agency General Counsel
3Farmers’ Market
Manager Compensation
Comparison
MARKET NAME MONETARY COMPENSATION BENEFITS/ OTHER
COMPENSATION
Culver City CFM
(Stephen Whipple)
$41,600 maximum annual
compensation (maximum 25
hours per week.)
None
Beverly Hills CFM $63,000 as a salaried City
employee (based on a 40 hour
week)
Comprehensive benefit
package: health/dental,
vacation, retirement pension
Mar Vista CFM
$67,600 fixed income, plus
performance incentives
Personal liability insurance
provided by Sponsor; travel
and training costs.
Santa Monica CFM
(Pico)
$60,000 as a salaried City
employee (based on a 40 hour
week)
Comprehensive benefit
package: health/dental,
vacation, retirement pension
Playa Vista CFM Fixed annual payment to Playa
Vista: $37,500; remaining
revenue retained by Manager/
Operator for costs and
compensation: $62,500 in 2010
Manager/Operator controls
budget; benefits and other
compensation determined by
Manager/Operator
Venice CFM
30% of gross revenue goes to
various Venice community
organizations. 70% retained by
Manager /Operator
Manager controls operating
budget; training, travel and
other market related costs
associated with Market
ATTACHMENT 2|1013|