HomeMy Public PortalAbout13) 9A Agreement with Gretchen Sterling Farmers MarketDATE:
TO :
FROM:
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
Ap ril 2 1, 2015
The Honorable City Counci l
Bryan Cook , City Manager
By : Gise ll e Corella , Executive Assistant to th e City Manager
AGENDA
ITEM 9.A.
SUBJECT: APPROVAL OF A SERVICES AGREEMENT WITH GRETCHEN
STERLING TO OPERATE AND MANAGE THE TEMPLE CITY
CERTIFIED FARMERS MARKET
RECOMMENDATION:
The City Counci l is requested to rev iew and approve a Services Agreement (SA) wit h
Gretchen Sterling (Attachment "A") to operate and manage the Temple City Certified
Farmers Market.
BACKGROUND:
1. On April 30 , 20 10, the City iss ued a Request For Proposals (RFP) to find a n
operator with experience starting up, running a nd managing certified farmers
markets .
2. By May 21 , 20 10 , the deadline to submit proposals , the City had received three
responses to this RF P.
3 . On February 1, 2011 , the City Council approved the Consultant Services
Agreement with Gretchen Sterling to operate a certified farmer's market in the City
of T emple City with the optio n to extend the agreement for three additional one-
year te rm s.
4 . O n October 28 , 20 13 , City M anage r Jose Pulido executed the first amendmen t to
the Consultant Services Agreeme nt (CSA) with G retchen Sterling to contin ue her
services in ope rati ng a certified farmer's market in the City of Temp le City for an
additional one-year term .
5. On February 24, 2014 , the Acting City Manager Tracey Hause executed the
City Coun ci l
April 21 , 2015
Page 2 of 3
•
second amendment to the CSA with Gretchen Sterling to continue to operate a
certified farmer 's market in the City of Temple City for an additional one-year term .
6 . On April 7 , 2015 , the City Council discussed the approval of an agreement with
Gretchen Sterling to operate and manage the Temple City Farmer's Market. After
public comment and discussion , the City Council moved to continue the item to the
next City Council Meeting (Attachment "B").
ANALYSIS:
At the April 7 , 2015 , City Coun cil meeting , the City Council received a pres e ntation from
Gretchen Sterling regard ing updates to the City 's farmer's market. Mayor Chavez
opened public comments and a community member commented on the language of the
agreement's Exhibit "B" Compensation section . After City Council discussion regarding
the language in the SA's Exhibit "B" Compensation section , the City Council directed
staff to clar ify the language in the SA in order to more succ inctly de scribe what portion
of the farmer's market proceeds will be remitted to the City .
The clarifying language in the SA 's describes that each quarter, the City shall collect
30 % of the 6 % that Gretchen Sterling collects from the vendors of t he farmer 's market
(i.e ., gross receipts from farmer's market x 6% =Gretchen Sterling 's net incom e). Below
is an example of Gretchen Sterling 's net income f ro m the 2014 Fall Quarte r:
Month Gross Gretchen Sterling's
Receipts Net Income (6 % of
gross recei pts)
October 2014 $33,038 $1 ,982 .88
November 2014 $37,374 $2 ,242.49
December 2014 $23 ,373 $1 ,402.43
TOTAL $93 ,785 $5,627 .80
Note: gross recetpts shall be defined as all money generated from the farmers market vendors and other paying participants
Additiona lly , the SA further clarifies that Gretchen Sterling will continue to pay f or the
permit fees (i.e., insurance premium , agr icultura l certificate and health department fees)
associated with the Temple City Certified Farmers Market in advance and the City shall
share 25% of the permit fees which will be reflected in the total proce eds pai d to the
City (i .e ., [Gretchen Sterling 's net income -City's share of permit fees] x 30 % = total
proceeds pa id to the City). Below is an example of the breakdown for th e Ci ty's share of
the permit fees and total proceeds then paid to the City for Fall Quarter 2014 :
Pe rmit Fees
Insurance S 1 ,306.09
Agricultural Certificate S 408 .00
Health Department Fees + S 509 .25
TOTA L Fees S 2,223.34
Total Permit Fees
Citv's share
City's share
s 2,223 .34
X .25 s 555 .84
TOTAL GROSS PROCEEDS PAID TO THE C ITY
Gretchen Sterl ing's net income S 5 ,627 .80
City's share of permit fees -S 555.84
$ 5,071 .96
$5 ,071 .96 x 30% = $1,521.59 p aid t o the City
City Council
April21 , 2015
Page 2 of 3
Furthermore , after the discussion on clarify ing the language stated in the agreement ,
Ms . Sterling further emphasized that canceling the farmer's market up to three times a
year causes too much disruption to their operations. To meet the farmer 's market's
need for continuity , the agreement now also reflects the change from canceling the
farmer's market up to three times a year for a spec ial event (i.e ., Camellia Festival) to
up to two times a year.
CONCLUSION:
The City Council is requested to approve a Services Agreement with Gretchen Sterling
to operate and manage the Temple City Certified Farmers Market to promote the quality
of life in the City and prov ide this community with healthy and fresh produce that is
sourced d i rectly from its growers.
FISCAL IMPACT:
Gretchen Sterling will be responsible for coordinating with the City for advertising
through the City's various media outlets and a banner on Las Tunas Drive . There are
and will be sufficient funds in the budgets for Fiscal Year (FY) 2014-15 and FY 2015-16
as the cost of advertising is and will be included in the operating costs .
ATTACHMENTS:
A. Services Agreement with Gretchen Sterling
B. April?, 2015 Staff Report
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ATTACHMENT "A"
AGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY ,
a municipal corporation
and
GRETCHEN STERLING
APRIL 21 , 2015
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
GRETCHEN STERLING
This Agreement for Services ("Agreement") is entered into as of this 21 51 day of
April , 2015 by a nd between the City of Temple City, a municipal corporation ("City") and
Gretchen Sterling , an individual ("Service Provider"). City and Service Provider are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively
referred to as the "Parti es ."
RECITALS
A . City previously sought by request for proposals the performance of the
services defined and described particularly in Section 2 of this Agreement. Service
Provider submitted a proposal and was selected to perform those services .
B. Service Provider has performed those services competently since that
time a nd the C ity desires to retain th e Serv ice Provider to continue in their role .
C . Pursuant to the City of Temple City 's Municipal Code , City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Prov ider for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein .
OPERATIVE PROVISIONS
NOW, THEREFORE , in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration , the va l ue and
adequacy of which are hereby acknowledged , the Parties agree as follows :
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this
Agreement , the Term of this Agreement is for one year commencing on the date first
ascribed above and shall cease to provide those services on April 7 , 2016 . Upon mutual
consent of the parties , this Agreement may be extended by written amendment for
three (3 ) additional o ne -year terms .
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services . Service Provider agrees to perform the services set
forth in Exhibit "A " "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference .
(b) Schedule of Perfo rma nce. The Services shall be completed pursuant to
the schedule specified in Exh ibit "A." Should the Services not be completed pursuant to
that schedule , the Service Provider shall be deemed to be in Default of this Agreement.
The City , in its sole discretion , may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to co ntinue performing th e
Services .
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connect ion
with its performance of th is Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation " or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized , such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any l imitations set forth in this Agreement, Service Provider
agrees to remit to the City a certified check in an amount greater than or equal to thirty
percent (30%) of the gross proceeds of the farmer's market, as set forth in more detail
in Exhibit "B" "Compensation " and made a part of this Agreement by this reference .
(b) Each quarter Consultant shall furnis h to City an original itemized
statement showing the gross receipts of the farmer's market, any costs and expenses
incurred during the preceding month paid out of the gross receipts , and the net
proceeds of the farmer's market. City shall independently review each statement
submitted by the Consultant to determine whether the work performed and expenses
incurred are in compliance with the provisions of this Agreement. In the event any
information in the statement is disputed by City , the original statement shall be returned
by City to Consultant for correction and resubm ission .
(c) The retention of proceeds by Consu ltant for work performed pursuant to
this Agreement shall not be deemed to waive any defects in work performed by
Consultant.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider .
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SECTION 5. INSPECTION AND FINAL ACCEPTANCE .
City may inspect and ac cept or reject any of Service Provider's work under this
Agreement , either during performance o r w hen com pl eted . City shall reject or finally
accept Service Prov id er's work within s ixty (60) days afte r submitted to City . C ity sha ll
reject work by a t im e ly written exp la natio n , otherwise Service Prov ider's work shal l be
deemed to have been accepted . City 's acceptance s ha l l be conclusive as to su c h wo r k
except with respect to latent defects, f ra ud a nd suc h g ross mistakes as amount to
f ra ud . A cce pta nce of a ny of Servi ce Provi de r's work by City s hal l not constitute a
wa iver of any of t he p rovisions of this A greement inc lu d ing , but not limited to , Section
16 "Indemnification " a nd Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS .
All or ig i nal maps , models , designs , drawings, photographs , studies , surveys ,
reports , data , notes , computer files , fi les and other documents prepared , developed or
discovered by Service Provider in th e cou rse of provid in g the Services pursuant to this
Agreement sha ll become the so le property of City a nd may be used , reused o r
otherwise disposed of by City w ithou t the permission of the Service Provider. U pon
completion , ex pira t io n or termination of this Agreement, Serv ice Provider shall turn over
to City all s uch orig ina l maps , mode ls , desig ns, drawings , ph otographs , stud ies ,
su rv e ys , re po rts , data , notes , com p ute r fil es , fil es and oth er docume nts .
If and to the extent that City ut il izes for a ny purpose not related to this
Agreement any m aps , models , des igns , drawings , p hotographs , studies , s urveys ,
reports , data , notes , co m puter files , f i les or ot her docu ments prepared , developed o r
discovered by Servi ce Prov ider in th e cou rse of provi d ing t he Services pursuant to th is
Agreement , Service Provider's guarantees and warranties in Section 9 "Standard of
Performance" of th is Agreement sha ll not extend to such use of the maps , models ,
designs, drawi ngs , ph ot ographs , studies , surveys , reports , data , notes , c omputer f iles ,
files or other docu me nts .
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS .
(a) Service Provider sh all ma in ta in a ny an d all documents and record s
de mo nstrat i ng o r re latin g to Servi ce Pro vi de r's pe rform a nce of t he Services . Se rv ice
Pro vi de r sha ll ma inta in any and all ledgers , books of account , i nvoices , vouchers ,
ca nceled checks , or other documents or records ev idencing or relat i ng to work ,
services , expenditures and disburseme nts c harged to City pursuant to th is Agree ment.
An y and all s uch docume nts or reco rd s s ha l l be maintained in accordance with
generally accepted accounti ng princi ples and shall be suffic iently comp lete and detailed
so as to permit an a ccurate evaluation of the services prov ided by Service Prov ider
pursuant to this Agreem e nt. Any and all such documents o r reco rds sha ll be
maintained for t hree (3) years from the date of execution of this Agreement and to the
extent requi red by la ws re lating to a ud its of pub l ic agencies and their expend itures .
(b ) A ny an d all records or documents required to be mai ntained purs uant to
this section shal l be m ade ava i lable for i nspection , audit and copying , at any time duri ng
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regular business hours, upon request by City or its designated representative . Copies
of such documents or records shall be provided directly to the C ity for inspection , audit
and copying when it is practical to do so ; otherwise , unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to bel ieve that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider's business, City may, by written request ,
require that custody of such documents or records be given to the City . Access to such
documents and records shall be granted to City , as well as to its successors-in-i nterest
and authorized representatives .
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City . Service Provider shall have no
authority to bind City in any manner, no r to incur any obligation , debt or liability of any
kind on behalf of or against City , whether by con tract or otherwise, unless such
authority is expressly conferred under this Agreement or is otherwise express ly
conferred in writing by City .
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City , nor any elected or appointed boards , officers, officials , employees
or agents of City , shall have control over the conduct of Service Provider or any of
Service Provider's officers , employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Serv ice Provider
or any of Service Provider's officers , employees , or agents are in any manner officials ,
officers , employees or agents of City .
(c) Neither Service Provider, nor any of Service Provider's officers ,
employees or agents, shall obta in any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Service Prov ider expressly
waives any claim Service Provider may have to any such rights .
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough , competent and professional manner. Service Prov id er shall
at all times faithfully, competently and to the best of its ability , experience and talent ,
perform all Services . In meetin g its obligations under this Agreement , Service Provider
shall employ , at a min imum , generally accepted standards and practices util ized by
persons engaged in providing services similar to the Services required of Service
Provider under th is Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth i n Exhibit "A " "Scope of Work" that sha ll also be applicable to Service
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Provider's work under th is Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria , the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS ; PERMITS AND
LICENSES.
Service Provider sha l l keep itself in formed of and comply with all applicable
federal , state and local laws , st atutes , codes , ordinances , regulation s and rules in effect
during the term of t his Agreement. Service Prov ide r sha l l obtain any and all l ice nses ,
permits and authorizations necessary to perform the Services set forth in this
Agreemen t. Neither City , nor any elected or appoi nted boards , officers , officia ls,
employees or agents of City , shall be l iab le, at law or in equity , as a result of any failure
of Service Prov ider to comply with th is section .
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City a nd Service Provider that California prevaili ng
wage laws do not apply to this Agreement because the Agreement does not involve any
of the followi ng services subject to prevail i ng wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction , alte rat ion , demolition ,
installation , or repair work performed on public buildings , facilities , streets or sewe rs
done und er contract and paid for i n whol e or i n part out of public funds . In this context,
"construct ion" includes work performed during the design and preconstruction phases
of construction including , but not limited to , inspection and lan d surveying work .
SECTION 12 . NONDISCRIMINATION .
Serv ice Provider shall not discriminate , in any way , against any person on the
basis of race , color, rel igious creed , national origi n , ancestry, sex, age , physical
handicap , medica l c o ndition or marit al status in connection with or related to th e
performance of this Agre ement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provide r hereby promises and agrees to comply with all of th e provisions
of th e Federal Immigration and Nation ality Act , 8 U.S .C .A. §§ 1101 , et seq ., as
amended , and in co nn ect ion therew ith , shall not employ unauthorized aliens as defined
therein . Should Service Provider so employ suc h unauthorized aliens for the
performance of the Services , and s hould the any liabil ity or sanctions be imposed
aga in st City for such us e of unauthorized aliens , Service Provider hereby agrees to and
shall reimburse City for the cost of all such liabilities or sanctions imposed , together with
any and all costs , including attorneys' fe es , incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider cove nants that neither it , nor any officer or principa l of its
firm , has or sha ll acquire any interest, directly or indirect ly, which wou ld conflict in any
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manner with the interests of City or which would in any way hinder Service Provider's
performance of the Serv ices . Service Prov ider furthe r covenants that in the
performance of this Agreement , no person having any such interest shall be employed
by it as an officer, employee , agent or subcontractor without the express written
consent of the City Manager. Service Provider agrees to at all times avoid conflicts of
interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
(b) City understands and acknowledges that Service Provider is , as of the
date of execut ion of this Agreement , independently involved in the performance of non-
related services for other governmental agencies and private parties . Service Provider
is unaware of any stated position of City relative to such projects . Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section .
(c) City understands and acknowledges that Service Provider will , perform
non-related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section .
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the publ ic domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) Service Provider , its officers , employees, agents or subcontractors , shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions , response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court ord er shall not be
considered "voluntary" provided Service Provider gives City notice of such court order
or subpoena .
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages , costs and fees , i ncluding attorn eys fees , caused by or
incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider , its
officers , employees, agents or subcontractors be served w ith any summons , complaint,
subpoena , noti ce of deposition , request for documents , inte rrogatorie s, request for
admiss ions or other discovery request, co urt order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right , but
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has no obligatio n, to represent Service Provider or be present at any deposition ,
hearing or sim i lar proceed ing . Service Provider agrees to cooperate fully w ith City and
to provide City with the opportunity to review any response to discovery requests
provided by Service Provider. However, this right to review any such response does not
imply or mean the right by City to control , direct, or rewrite said response .
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability . Where the law establishes a
professional standard of care for Service Provider's services , to the fullest extent
permitted by law , Service Provider shall indemnify, protect , defend and hold harmless
City and any and all of its officials , employees and agents ("Indemnifie d Parties") from
and against any and all liability (including liability for claims , suits , actions , arbitration
proceedings , administrative proceedings , regulatory proceedings , losses , expenses or
costs of any kind , whether actual , alleged or threatened , including attorneys fees and
costs , court costs , interest, defense costs , and expert witness fees) arise out of, are a
consequence of, or are in any way attributable to, in whole or in part , any negligent or
wrongful act , error or omission of Service Provider, or by any individual or entity for
which Serv ice Provider is legal ly lia ble , including but not limi ted to officers , agents ,
employees or sub-contractors of Service Provider, in the performance of professional
services under this Agreement.
(b) Indemnification for Other than Professional Liability . Other than in the
performan ce of professional services and to the full extent permitted by law , Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees , officials and agents from and against any liability (including liability for
claims , suits , actions , arbitration proceedings , administrative proceedings , regulatory
proceed ings, losses , expenses or costs of any kind , whether actual , alleged or
threatened , includ ing attorneys fees and costs , court costs , interest , defense costs , and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to , in whole or in part , the performance of this Agreement by Service
Provider or by any indiv idua l or entity for which Service Pro vider is legally liable,
including but not limited to officers , agents , employees or sub-contractors of Service
Provider.
(c) Indemnification from Sub-Service Providers . Service Provider agrees to
obtain executed indemn it y agreements with provisions identical to those set forth in this
section from each and every sub-Service Prov ider or any other person or enti ty involved
by , for, with or on behalf of Service Prov ider in the performance of th is Agreement
naming the Indemnified Parties as additional indemnitees . In the event Service
Provider fails to obtain such indemnity obligations from others as requ ired herein ,
Service Provider agrees to be fully responsible according to the terms of this section .
Failure of City to monitor compliance with these requirements imposes no add itional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth herein is binding on the successors ,
assigns or heirs of Service Provider and shall survive the termination of th is Agreement
or this section .
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(d) Limitation of Indemnification . Notwithstanding any prov1s1on of this
section to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782 .8 , which l imits the liability of
a design professional to claims , suits, actions , arbitration proceedings, administrative
proceedings , regulatory proceedings , losses , expenses or costs that arise out of,
pertain to , or relate to the negl igence , recklessness , or willful misconduct of the design
profess ional. The term "design professional ," as defined in Section 2782 .8 , is limited to
licensed architects , licensed landscape architects , registered professional engineers ,
professional land surveyors , and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code .
(e) City's Negligence. The provisions of this section do not apply to claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liabil ity arising from gross negligence or willful acts or om issions of
City or any and all of its officials , employees and agents .
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manag er. Service Provider agrees to prov ide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Prov ider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any
of Service Provider's duties or obligations under this Agreement without the prior written
consent of the City . Any attempted assignment shall be ineffective, null and void , and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity , including termination of this Agreement pursuant to
Section 20 'Termination of Agreement." City acknowledges , however, that Service
Provider, in the performance of its duties pursuant to this Agreement , may utilize
subcontractors.
SECTION 19 . CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services . Service Provid er shall notify City of any changes in Service Provid er's staff
and sub-contractors, if any, a ssi gned to perform the Services prior to and during any
such performance.
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SECTION 20. TERMINATION OF AGREEMENT.
(a) City may term inate this Agreement, with or without cause , at any time by
giving thirty (3 0) days written notice of termination to Service Provider. In the event
suc h notice is given , Service Provider s hall cease immed ia tely all work in progress.
(b) Service Provider may terminate this Agreement for ca us e at any time
upon thirty (3 0) days written notice of t ermination to City .
(c) If either Service Provider or City fail to perform any material obligatio n
under this Agreement , then , in addition to any o ther remedie s, eithe r Service Provider,
or City may terminate this Agreement immediate ly upon written notice .
(d) Upon term ination of this Agreement by either Service Provider or City , all
property belonging exclus ively to City which is i n Service Pro vider's possessio n shall be
returned to City . Service Prov ider shall furn ish to City a final invoice for work performed
and expenses i ncurred by Service Provider, prepared as set forth in Section 4
"Compensatio n and Method of Payment" of this Agreement. T his final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of th is Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in defau lt unde r the terms of this Agreement ,
the City sh all not have any obligation or duty to co nti nue compensating Service Provider
for any work performed after the date of default. Instead , the City may give notice to
Service Provid e r of the d efau lt and th e reasons for the default. The notice shall include
th e timeframe in which Service Provider may cure the default. This timeframe is
pre sumptively thirty (30) days , but may be extend ed , though not reduced , if
circ um stances warrant. During the period of time that Service Provide r is in default, the
City shall hold all invoices and s hall, when th e defau lt is cured , proceed with payment
on the invoices. In th e alternative , the City may , in its sole discretion , e lect to pa y some
or a ll of the outstand ing invoi ces during th e pe riod of default. If Service Provider does
not cure the default, the City may take necessary steps to terminate this Agreemen t
under Section 20 "Termination of Agreement." Any failure o n th e part of the City to gi v e
notice of the Service Prov ide r's d efault shall not be deem ed to resu lt in a waiver of the
Ci ty 's lega l righ ts or any rights arising out of any provision of th is Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider s hall not be liable for d amag e s , in c lud ing liquidated d amages , if
any, caused by delay in performance or failure to perform due to causes beyond the
co ntrol of Service Provider. Such ca uses include , but are not limited to , acts of God ,
acts of the public e nemy , acts of federal , st ate or local governments , acts of City , cou rt
orders , fires , floods, epidemics , strik es , embargoes , and unusually severe weather.
The term and price of thi s Agreemen t s hall be equita bly adjusted for a ny del ays due to
such causes.
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SECTION 23. COOPERATION BY CITY.
All public information , data, reports , records , and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate ,
without undue delay, the Serv ices to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreemen t shall be in
writing and shall be personally delivered , or sent by telecopier or certified mail , postage
prepaid and return receipt reques ted , addressed as follows:
To City :
To Service Provider:
City of Temple City
Attn : C ity Manager
9701 Las Tunas Dr.
Temple City, CA 91780
Gretchen Sterling
454 N. Euclid Ave .
Pasadena California 91101
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed , three (3 ) days after deposit of the same in the custody of the
United States Postal Service .
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing th is Agreement on behalf of Service Prov ider
represents and warrants that he /she/they has/have the authority to so exec ute this
Agreement and to bind Service Provider to the performance of its obligations
hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
Th is Agreement shal l be administered and executed by the City Manager or his
or her des ignated representa tive . The City Manager shall have t he authority to issue
interpretations and to make amendments to this Ag reement, including am endments that
commit additional funds , consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code .
SECTION 27. BINDING EFFECT.
Th is Agreement sha l l be binding upon the heirs , e xecutors , adm inistrators ,
successors and assigns of th e Parties.
SECTION 28 .
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AMENDMENT.
-l 0 -
No amendment to or modification of this Agreement shall be valid un less made
in writing and approved by the Service Pr ovider and by the City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code . All other
amendments shall be approved by the C ity Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term , condition , or covenant of this
Agreement shall not constitute a waiver of any other term , condition , or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. A ccept ance by City of any work or
services by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California . In the event of litigation between the Parties , venue in
state trial courts shall lie exclusively in the County of Los Angeles , Californ ia . In the
event of litigation in a U.S. District Court , venue shall lie exclusively in the Central
District of California, in Los Angeles .
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceed ing is required to en fo rce or interpret any
provision of this Agreement , the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees , costs and expenses , in
addition to any other relief to wh ich it may be entitled .
SECTION 32. ENTIRE AGREEMENT.
Th is Agreement , including the attached Exh ibits "A" through "C", is the entire ,
complete, f inal and exclu sive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings , whether
oral or written , or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representat ions or other agreements , whether oral
or written , made by any Party which are not embodied here in shall be valid and binding .
SECTION 33. SEVERABILITY.
If any term , condition or covenant of this Agreement is declared or determined by
any court of competent j urisdiction to be invalid , void or unenforceable , the remaining
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provi sions of this Agre ement shall not be affected thereby and the Agreement shall be
read and construed wi thout the invalid , void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS .
Except as oth e rw ise stated herei n, if the terms of t his Agreeme nt conflict with the
terms of any Exhi bit hereto , or wi th the terms of any document incorporated by
refe rence into t his Agree me nt , the terms of t his Agree m e nt s ha ll contro l.
IN WITNESS WHEREOF , the Part ies hereto have executed this Agreemen t on
t he date and year fi rst-above written .
ATTEST :
Peg gy Kuo
City Clerk
APPROVED AS TO FORM
Eric S. V ai l
City Attorney
GRET HCHEN STERLING
By : ________________________ __
Gretchen Sterling
Its : ------------------------
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CITY OF TEMPLE CITY
Bryan Cook
City Manager
By: ______________________ __
Its :
.---------------
NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION ,
OR OTHER RULES OR REGULA liONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
RI V #4838-6958-3880 v3
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A nota ry public or other officer comple tin g th is certificate verifies o n ly the ide ntity of the individual who
signed the document to which this certificate is a ttached , and not t he truthfu lness , accura cy , or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On -------,....-:::-r::------''L-..:2=-=0:....1:..=5 , before me , --,=~~-r:T~'IT'T'I=~:::-:::-..........:=""T"'"::::-:::--I;==-:-1M':":'':=r---Date Name And l1tle Of Off1cer (e .g . "Jane Doe , Notary Public")
personally appeared -------------------------------
Name of Signer(s)
who proved to me o n the basis of satisfacto ry evidence to be the
perso n (s) whose name(s) is/are subscribed to the w ith in
instru ment and acknow ledged to me that he /she/they executed
the same in his/her/th eir authorized capacity (i es), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon beha lf of which the person(s) acted , executed the
instrument.
I ce rt ify under PENALTY OF PERJURY und er the laws of the
State of California that the foregoing parag raph is true and
correct.
W ITNESS my hand and offi cia l sea l.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this info rma tion can deter alternation of the document or fraudulent
rea ttachm en t of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signe r's Name:
Ind ivi dual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Tit le(s) Title or Type of Document
Partner( s) Lim ited
Attorney-In -Fact
Trustee(s)
Guardian/Conservator
Other:
S igner is representing :
Na m e Of Person(s) Or E nt ity(ies)
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General
Number Of Pages
Date Of Document
Signer(s) Ot he r Than Named Above
A notary p ubl ic o r other office r completing th is certificate verifies on ly the identity of the indivi dual who
s igned the document to wh ich th is certificate is attached , and not the truthfulness, accuracy, or va li dity
of th at document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On --------,-r=:::------'''--'2=0=--1:...:.5, before me , -..~~~......,.,.,..,...,..'<Y"'M=~-::-:::-_,...,.,:c=........-::--::---<....,.,.,="'""......,.,..,,.,...,...-----Date Nam e And I iti e Of Offi cer (e.g . "Jane Doe , Notary Pubhc")
personally appeared -----------...=::::-:::-:::rl""==r----------------Nam e of Sign er(s)
w ho proved to me o n th e basis of sa t isfactory evi d ence to be th e
perso n(s ) whose n ame(s) is/are subscribed to the within
in strument and acknowledged t o me that he/she/they executed
t he same in hi s/her/the ir authorized capacity(ies), and that by
his /her/the ir signature(s) on the instrument the person(s), or the
entity upon behalf of whi ch the person(s) acted , executed the
instrument.
I ce rtify under PENALTY OF PERJURY und e r th e laws of the
State of California that the fo regoi ng parag rap h is t ru e and
correct.
WITNESS my hand and official seal.
Signature of Nota ry Publ ic
OPTIONAL
T hough this section is optiona l, completing th is informat ion can d ete r a lternat ion of th e doc ument or fra udulent
reattachme nt of th is form to an unintended doc ument.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name :
Ind ividua l
Corpo rate Officer
DESCRIPTION OF ATTACHED DOCUMENT
T itle(s) Title or Type of Documen t
Partner( s) Limited
Attorney-! n-F act
Tru stee(s)
Guardian/Conservator
Othe r:
Signe r is represent ing :
Name Of Perso n(s) Or Entity(i es)
RIV #483 8-6958 -3880 v3
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General
Number Of Pages
Date Of Do cum ent
Sign er(s) Other Th an Named Above
,---------------
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
1 . Operate a weekly farmer's market on Sundays from 8:30 a .m. until 1 p .m .
in the City Hall parking lot.
2 . All on-site work necessary to the proper functioning of the farmer's
market, including set up , break down , and clean-up of the farmer's
market.
3 . Enlist certified growers to sell their goods at the farmer's market and
ensure their continued certification .
4 . Ensuring a proper balance of products for sale w ithin the farme r's market ,
and ensure the products are of a high quality.
5 . Maintain all requ ired permits , including but not limited to, Los Angeles
County Agricultural and Health Department permits and a Temple City
business license.
6 . Maintain all banking accounts for the farmer's market and generate and
submit financial statements to the City.
7 . Contact and coordinate the growers for the farmer's market and ma i ntain
records of participating growers.
8 . Collect a percentage of the daily gross sales from each vendor a the
market.
9. Prepare and coordinate publicity and advertising for the farmer's market.
10 . Have financial and business records for the farmer's market ma inta ined
by a professional accounting f irm , and present a summarized f inancial
report to the City at the end of each quarter. Consu ltant shall allow the
City to have access to the financial and business records for audit and
inspection during all normal business hours and shall produce the
financial and business records at City Hall on twenty-four (24) hours
notice . Consultant shall also maintain all contracts and receipts from the
operation of the farmer's market and make those available for City aud it
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A -1
and inspection on the same terms as the financial and business records
of the farmer 's market.
11 . Be responsible for any clean up associated with the use of City facilities in
connection with the market's activities , i ncluding restrooms .
12 . Be responsible for payments to all i ndividuals associated w ith performing
work related to the farmer's market operations .
13 . Cancel a farmer's market for a special event (i.e ., Camellia Festival , etc.),
so long as a 30-day notification has been given by the City . Cancellation
of the farmer's market shall be no more than two (2) times a year.
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EXHIBIT "B"
COMPENSATION
1 . Consultant shall collect six-percent (6 %) of the gross receipts 1 from the vendors
of the farmer's market. The Consultant then shall rem it to the City thirty-percent
(30%) of the net income2 of the farmer's market on a quarterly basis . At the time
of the execution of this Agreement , Consultant is not required to provide City with
a bond securing the rem ittance of th e amounts to the City required by Section 2
and Ex hibit "B" to this Agreement. Th e City shall evaluate the need for
Consul tant to post a bond securing the remittance of said amounts annually and
may, i n its sole discretion , require Consultant to provide the City with a bond i n
an amount the City determines to be sufficient.
2 . Consultant shall subm it documentation to the City showing the amount of the
ins ura nce premium , agricultural certificate and health department fees .
Consultant will continue to pay for the permit fees (i.e ., insurance premium,
agricultural certificate and health department fees) associated with the Temple
City Certified Farmers Market in advance. The City shall share 25 % of the permit
fees and Gretchen Sterl ing shall deduct the City 's share of the permit fees from
the total proceeds3 paid to the City.
3 . Consu ltant shall make payment to the City within thirty (30) days of the close of
t he quarter.
1 Gross receipts shall be defined as all money generated from th e farmers ma rke t vendors and other
~aying partic ipants .
Net in come s hall be defined as the 6% the Consultant collected from the gross receipts.
3 Total proceeds shall be defined as the 30% the City receives fro m the Consultant's net income which is
30 % of the 6 % the Consultant collects from the gross re ceipts .
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City , in full force and effect throughout the term of this
Agreement , against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents , representatives or employees . Insurance is to be placed with insurers with a
current A.M . Best's rating of no less than A:VII.
Serv ice Provider shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as :
(1) Commercial General Liability . Insurance Services Office
form Commercial General Liability coverage (Occurrence Form CG 0001 ).
(2) Automobile. Insurance Services Office form number CA
0001 (Ed . 1/87) covering Automobile Liability, including code 1 "any auto" and
endorsement CA 0025, or equivalent forms subject to the written approval of the City .
(3) Workers ' Compensation . Workers' Compensation insurance
as required by the Labor Code of State of California covering all persons providing
Services on behalf of the Service Provider and all risks to such persons under this
Agreement.
(4) Professional Liability . Professional liability insurance
appropriate to the Service Provider's profession . This coverage may be written on a
"claims made" basis, and must include coverage for contractual liability . The
profes&ional liability insurance required by this Agreement must be endorsed to be
applicable to claims based upon , arising out of or related to Services performed under
this Agreement. The insurance must be maintained for at least three (3) consecutive
years following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall annually
and upon request of the City submit written evidence of this continuous coverage .
2 . Minimum Limits of Insurance . Service Provider shall maintain limits
of insurance no less than :
(1) Commercial General Liability . $1 ,000 ,000 general
aggregate for bodily injury , personal injury and property damage .
(2) Automobile . $1 ,000 ,000 per accident for bodily i njury and
property damage. A combined single limit policy with aggregate limits in an amount of
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C-2
---·-------------
not less than $2 ,000,000 shall be considered equivalent to the said required minimum
limits set forth above.
(3) Workers' Compensation . Workers' Compensation as
required by the Labor Code of the State of California of not less than $1 ,000 ,000 per
occurrence .
(4) Professional Liability . $1,000 ,000 per occurrence .
B . Other Provisions . Insurance policies required by this Agreement shall
contain the following provisions :
1. All Policies . Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended , voided , cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in lim its except
after 30 days' prior written notice by certified mail , return receipt requested , has been
given to City .
2 . Commercial General Liability and Automobile Liability Coverages .
(1) City, and its respective elected and appointed officers,
officials , and employees and volunteers are to be co vered as additional insureds as
respects : liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned , occupied or used by
Service Provider; or automobiles owned, leased , hired or borrowed by Serv ice Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers , officials , or employees .
(2) Service Provider's insurance coverage shall be primary
insurance with respect to City , and its respective elected and appointed , its officers,
officials, emp loyees and volunteers . Any insurance or self-insura nce maintained by
City , and its respective elected and appointed officers, officials, employees or
volunteers , shall apply in excess of, and not contribute with, Service Provider's
insurance .
(3) Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
(4) Any fai lure to comply with the reporting or other provisions of
the insurance policies , including breaches of warranties , shall not affect coverage
provided to City , and its respective elected and appointed officers , officials , emp lo yees
or volunteers .
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C-3
3 . Workers' Compensation Coverage . Unless the City Manager
otherwise agrees in writing , the insurer sha l l agree to waive all rights of subrogation
against City, and its respective elected and appointed officers , officials , employees and
agents for losses arising from work performed by Service Provider.
C . Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to
satisfy City that the insurance provisions of this contract have been complied with . The
City may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies ,
at any time .
1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides .
2 . Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respect ive elected or
appointed officers, officials , employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations , claim
administration , defense expenses and claims .
3. The procuring of such required policy or policies of insurance sha ll
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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C-4
ATTACHMENT "B"
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: April?, 2015
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
By : Giselle Corella , Exec utive Ass istant to the City Manager
SUBJECT : APPROVAL OF A SERVICES AGREEMENT WITH GRETCHEN
STERLING TO OPERATE AND MANAGE THE TEMPLE CITY
CERTIFIED FARMERS MARKET
RECOMMENDATION:
The City Council is requ es ted to rev iew and approve a Services Agreement (SA) with
Gretchen Sterling (Attachment "A ") to operate and manage the T em ple City Certified
Farmers Market.
BACKGROUND:
1. On April 30, 2010 , the City issued a Request For Proposals (RFP) to find an
operator with experience starting up , running and managing certified farmers
markets .
2. By May 21, 2010 , the deadline to submit proposals , the City had received three
responses to this RFP .
3. On February 1, 2011 , the City Council approved the Consultant Serv ices
Agreement with Gretchen Sterling to operate a certi fied farmer's market in the City
of Temple City with the option to extend the agreement for three additional one-
year terms .
4. On October 28, 2013 , City Manager Jose Pulido executed the first amendment to
the Consultant Services Agreement (CSA) with Gretchen Sterling to cont inue her
services in operating a certified farmer 's market in the City of Temple City for an
additional one-year term .
5. On February 24, 2013 , the Acting C ity Manager Tracey Hause e xecuted the
City Council
April?, 2015
Page 2 of 3
second amendment to the CSA with Gretchen Sterling to continue to operate a
certified farmer 's market in the City of Te mple City for an additional one-year term .
ANALYSIS:
As the Temple City community continues to grow , the City continues to promote
programs that emphasize the small town community character of the City and the
quality of life . Since its inception three years ago , community members have enjoyed
the weekly farmers market rain or shine. Currently managed and operated by Gretchen
Sterling , she brings over 30 years of experience in running and managing certified
farmers markets for severa l ci ties including Glendale , Monrovia, Montrose , and
Pasadena .
The City 's Farmers Market continues to expa nd its produce offerings and gain
popularity in both Temple City and the surrounding communities . Although Temple
City 's community farmer's market is not as established as the surrounding community ,
continuity of the City's Farmer's Market both in frequency of the event and its
management of its operations is essential for keeping the positive momentum of the
program . If the SA is approved by the City Council , Temple City 's Certified Farmers
Market w ill renew its current SA and continue to run every Sunday from 8:30 a.m . to
1:00 p.m . at the City Hall parking lot until April 2016. Understandi ng there may be
necessary improvements to the Farmer's Ma rket , City staff will continue to work w ith
Gretchen Sterling within the year on advertising as well as logistics of its operations . If
at the end of April 2016 the Farmer's Market proves to be successful , the SA allows for
an option to renew the agreement for an additional year, up to three years .
As the City continues to produce popular and successful community gathering events
including Concerts in the Park , Arbor Day , and Easter Egg Hunts , etc ., the City 's
Farm er's Market proves to be a quality of life program with much potential. Continuous
monitoring of the City's Farmer's Market throughout the year and an added option in the
SA to renew its agreement at the end of each year, allows the City to ensure that it is
receiving the best service and enhancement of the quality of life in the community .
Therefore , in order to ensure that Temple Citians can continue to receive fresh loca lly
sourced produce and have a gathering place every Sunday , the City Coun cil is
requested to approve the Services Agreement with Gretchen Sterling to continue to
manage and operate the City 's Farner's Market.
CONCLUSION:
The City Council is requested to approve a Services Agreement with Gretchen Sterl ing
to operate and manage the Temple City Certified Farmers Market to promote the quality
of life in the City and provide this community with healthy and fresh produce tha t is
City Council
April 7, 2015
Page 3 of 3
sourced directly from its growers .
FISCAL IMPACT:
--------------------
On a quarterly basis, Temple City will rece ive 30 % of gross receipts from the Temple
City Certified Farmers Market. To date , the City has received approximately $16 ,000
since 2011 and on average the City collects $3 ,300 per year with the farmer's market
having its most successful year in 2014 .
Gretchen Sterling will continue to pay for all permits associated with the Temple City
Certified Farmers Market and the City will continue to be responsible for providing
advertising through the various media outlets and a banner on Las Tunas Drive . There
is no impact to the Fisca l Year (FY ) 2014-15 and FY 2015-16 City Budgets as the cost
of advertising is and will be accounted for in the operating costs .
ATTACHMENT:
A. Services Agreement with Gretchen Sterling