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CC - (1) Waiver of Competitive Bidding Procedures; (2) Approval of a Fourth Amendment to the Existing Professional Services Agreement with Stephen Whipple for Farmers’ Market Management Services; and (3) Direction to City Staff to Initiate a Request for Proposals for Farmers’ Market Management Services Prior to the Expiration of Such Agreement.
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Meeting Date: 07/25/2016
Contact Person/Dept: Glenn Heald/ CDD, Todd Tipton/CDD
Phone Number: (310) 253-5752, (310) 253-5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (07/19/2016); (Email) Mr. Stephen Whipple (06/03/2016).
Department Approval: Sol Blumenfeld (07/14/16)
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RECOMMENDATION
Staff recommends the City Council (1) waive competitive bidding procedures; (2) approve a Fourth Amendment to the existing Professional Services Agreement (Fourth Amendment) with Stephen Whipple for Farmers’ Market management services through June 30, 2017; and (3) direct City staff to initiate a Request for Proposals (RFP) process for Farmers’ Market management services, prior to the expiration of such agreement.
BACKGROUND/DISCUSSION
On July 15, 1996, the Board of the former Culver City Redevelopment Agency (CCRA) approved a Professional Services Agreement (Agreement) with Stephen Whipple to manage the Culver City Certified Farmers’ Market (Market) at the rate of $25.00 per hour. The former CCRA Board subsequently approved ten amendments to the original contract, during which time Mr. Whipple’s compensation was ultimately set at $32.00 per hour. When the State of California dissolved redevelopment agencies, the City assumed administration of the farmers’ market program. Staff now recommends the City Council approve a fourth amendment to the Agreement between the City and Mr. Whipple. There is no proposed increase in the funding for this contract.
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. In addition, Mr. Whipple, with the City, has registered the Market to allow for acceptance of Electronic Benefits Transfer (EBT) cards, which replace the former food stamps program. Upon receipt and installation of the program equipment, EBT recipients will be able to purchase select food items and related products at the Culver City Farmers’ Market.
The proposed Fourth Amendment would extend the terms of the agreement through June 30, 2017 and maintain Mr. Whipple’s compensation at $32.00 per hour without benefits. Mr. Whipple’s billable hours will continue to be limited to a maximum of 25 hours per week. The total annual billable compensation for farmers’ market management services under this proposed Fourth Amendment would be $41,600 (25 hours per week at $32 per hour for 52 weeks).
The City reimburses Mr. Whipple for his Market Assistants at the rate of $14.00 per hour for a maximum of 20 hours per week, and for Market expenses as approved by the Community Development Director. This allows Mr. Whipple to assemble and supervise the workforce required to successfully operate the Market. The total annual billable compensation for farmers’ Market Assistant services under this proposed Fourth Amendment would be $14,560 (20 hours per week at $14 per hour for 52 weeks).
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, and the City of Los Angeles to ensure the Market operates smoothly every Tuesday from 2:00pm to 7:00pm. 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.
In general, Culver City Municipal Code (CCMC) Section 3.07.085 exempts professional services from the formal competitive bid process. However, pursuant to CCMC Section 3.07.050, where the same consultant has been utilized for a period of five years, the formal bidding procedures shall apply unless waived by the City Council. Given Mr. Whipple’s knowledge of the City’s Market operations, the established rapport he has with the vendors, and the satisfactory management of the Market over these many years, staff is requesting the City Council waive this requirement in this case, in accordance with CCMC Section 3.07.075.E.3.
If the City Council approves the proposed Fourth Amendment to the existing Agreement, staff will complete an RFP process for future Farmers’ Market Management Services prior to the expiration of the Agreement.
FISCAL ANALYSIS
The Farmers’ Market currently generates approximately $30,000 in annual net revenue. The Fourth Amendment to Mr. Whipple’s contract maintains the annual aggregate expenditure amount of $56,160 per fiscal year. Sufficient funds have been included in the Economic Development Budget for Fiscal Year 2016-2017 to meet this expenditure.
ATTACHMENTS
None.
MOTION
That the City Council:
1. Waive competitive bidding procedures; and,
2. Approve a Fourth Amendment to the existing professional services agreement with Stephen Whipple for Farmers’ Market Management Services which will (1) extend the term through June 30, 2017; (2) maintain the hourly rate of $32.00 for Market Management Services, not to exceed 25 hours per week for a total not-to-exceed $41,600; (3) reimburse Mr. Whipple for Market Assistants at the rate of $14.00 per hour, not to exceed 20 hours per week, for a total not-to-exceed $14,560; (4) result in an aggregate not-to-exceed funding amount of $56,160 for fiscal year 2016/2017 (excluding reimbursement of approved Farmers’ Market related expenses); and,
3. Authorize the City Attorney to review/prepare the necessary documents; and,
4. Authorize the City Manager to execute such documents on behalf of the City; and,
5. Direct City staff to initiate an RFP process for Farmers’ Market Management Services prior to the expiration of such Agreement.