RPVCCA_CC_SR_2013_10_01_L_RPV_TV_Station_Manager_Agmt_3rd_AmdmtCrTYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SEAN M. ROBINSON, HUMAN RESOURCES MANAGE~
OCTOBER 1, 2013
THIRD AMENDMENT OF PROFESSIONAL SERVICES
AGREEMENT FOR RPV TV STATION MANAGER
CAROLYN LEHR, CITY MANAGER c§)__,
RECOMMENDATION
Authorize the Mayor and City Clerk to sign the third amendment to the Professional
Services Agreement with Mark Daddy to provide Station Manager duties for RPV TV.
BACKGROUND and DISCUSSION
With the resignation of the Volunteer Channel 33 Station Manager on November 30,
2007, it became necessary to provide continuous operation and cable programming to
the residents of RPV in the manner they have come to expect. Since that resignation,
Mark Daddy has been coordinating all RPV TV activities. Mr. Daddy reports directly to
the City Manager and is supported by two RPV TV Producers. Mr. Daddy works
between 20 and 30 hours per week and has continued to reach out to the local high
schools for volunteers to provide assistance at RPV TV.
At the City Council meeting on April 7, 2009, Council approved the Second Amendment
to Professional Services Agreement RPV TV Station Manager. In that amendment it
changed Mr. Daddy's title from Interim Station Manager to Station Manager and
increased his hourly rate from $30.00/hour to $32.00/hour.
FISCAL IMPACT
Mr. Daddy was initially hired, on an interim basis beginning in January 2008 and
became the RPV TV Station Manager in 2009. This amendment will increase his
hourly rate $2.00 to $34.00 per hour. Mr. Daddy is a contract employee, is not eligible
for City benefits and the Agreement may be terminated at any time, with or without
cause by either party upon 30 day prior written notice.
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Third Amendment of Professional Services Agreement For RPV TV Station Manager
October 1, 2013
Page 2
This action will not require a budget adjustment to the Channel 33 operating budget for
the current fiscal year.
ATTACHMENTS:
1. Third Amendment to Professional Services Agreement
2. Second Amendment to Professional Services Agreement
3. Original Professional Services Agreement
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THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Rancho Palos Verdes ("City") previously entered into an
agreement with Mark J. Doddy ("Contractor") to be the temporary manager of its educational
access channel (Channel 33) and its cable television studio; and
WHEREAS, the City is satisfied with the quality of the services provided by
Contractor and wishes to have Contractor continue providing services to the City as the RPV
TV Station Manager; and
WHEREAS, the City and the Contractor (collectively "the parties")
wish to amend the Agreement to extend its term and increase the compensation
paid by City to Contractor;
NOW, THEREFORE, the parties hereby agree as follows:
Section 1: Section 2.1, entitled "Fee", Paragraph (a) of the Agreement, is hereby
amended to read as follows:
(a) City will compensate Contractor at the rate of $ 34.00 per hour, not
to exceed 30 hours per week, unless the additional hours are previously
authorized in writing by the City Manager.
Section 2: Section 2.4, entitled "Term of Agreement," is hereby amended to read as
follows:
Term of Agreement
This Agreement shall commence on the day it is signed and shall terminate on
June 30, 2015. However, if neither party gives the other party written notice of
non-renewal of the agreement by May 1st of each year that this Agreement is
in effect, then this Agreement shall be renewed automatically for an additional
year, unless terminated sooner pursuant to the provisions of Article 4 hereof.
Section 3: This Third Agreement shall become effective October 1, 2013
Dated: "CONTRACTOR"
MARKJ.DODDY
BY:
Mark J. Doddy
[Signatures continue]
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Dated:
ATTEST:
CITY CLERK
CITY OF RANCH PALOS VERDES
A Municipal Corporation
BY:
MAYOR
City of Rancho Palos Verdes
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..
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Rancho Palos Verdes ("City") previously entered into an
agreement with Mark J. Doddy ("Contractor") to be the temporary manager of its educational
access channel (Channel 33) and its cable television studio; and
WHEREAS, the City is very satisfied with the quality of the services provided by
Contractor and wish to have Contractor continue providing services to the City as the RPV TV
Station Manager; and
WHEREAS, the parties to the Agreement wish to amend it to extend its term and
increase the compensation paid by City to Contractor;
NOW, THEREFORE, Contractor and City, who are referred to collectively as "the
parties, n hereby agree as follows:
Section 1: Paragraph (a) of Section 2.1 of the Agreement is hereby amended to read
as follows:
(a) City will compensate Contractor at the rate of $32.00 per hour, not to
exceed 30 hours per week, unless the additional hours are previously authorized in
writing by the City Manager.
Section 2: Section 2.4, entitled "Term of Agreement," is hereby amended to read as
follows:
Term of Agreement
This Agreement shall commence on the day it is signed and shall terminate on
June 30, 2010. However, if neither party gives the other party written notice of
non-renewal of the agreement by May 1st of each year that this Agreement is
in effect, then this Agreement shall be renewed automatically for an additional
year, unless terminated sooner pursuant to the provisions of Article 4 hereof.
Section 3: This Second Amendment shall become effective on July 1, 2009.
Dated: 1 I '\ I 0 er "CONTRACTOR"
MARKJ.OODDY
[Signatures continue)
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Dated: _____ Af }_:z_%_l1/ __
ATIEST:
~~
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CITY OF RANCHO PALOS VERDES
A Municipal Corporation
BY:@:jW.
MAYOR
City ofR:ChC: alos Verdes
2
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PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Rancho Palos Verdes ("CITY") is seeking the services of an
individual to be the temporary manager of its educational access channel (Channel 33) and its
cable television studio; and
WHEREAS, Mark J. Doddy has served in this capacity for other municipalities and has
represented to CITY that he is qualified to perform these services on behalf of CITY;
NOW, THEREFORE, THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement")
is made and entered into this 16th day of January 2008, by and between THE CITY OF
RANCHO PALOS VERDES ("CITY") and Mark J. Doddy ("CONTRACTOR"). CONTRACTOR
and CITY are referred to collectively as "the parties."
IN CONSI DERA Tl ON of the covenants hereinafter set forth, the parties agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Description of Services
During the term of this agreement, CONTRACTOR shall serve as CITY's acting
Channel 33 station manager. In that regard, CONTRACTOR shall be responsible for the
operation and programming of Channel 33, the operation of CITY's cable television studio and
the equipment located therein. In addition, CONTRACTOR shall supervise and coordinate the
volunteers, City Staff and student interns who perform work in connection with Channel 33 and
the cable television studio. CONTRACTOR shall perform said duties professionally and with
due diligence in a timely manner that is consistent with industry standards for professional skill
and care and in accordance with all applicable City rules and policies, which shall be provided
to CONTRACTOR by the City Manager. CONTRACTOR shall report to the City Manager or to
the City Manager's designeei. Any purchase of supplies or equipment shall be made in
accordance with the City's purchasing policies and shall be pre-approved by the City Manager
or the City Manager's designe~e.
2.1 Fee
ARTICLE 2
COMPENSATION
(a) CITY will compensate CONTRACTOR at the rate of $30.00 per hour, not
to exceed 30 hours per week, unless first approved in writing by the City Manager.
(b) CITY may request additional specified work under this Agreement. All
such work must be authorized in writing by the City Manager prior to commencement by
CONTRACTOR.
2.2 Payment Address
All payments due CONTRACTOR shall be paid to CONTRACTOR at the
address provided by CONTRACTOR to CITY, which is set forth in Article 6.10
of this Agreement.
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2.3 Terms of Compensation
CONTRACTO~: will submit invoices to CITY twice monthly. CITY will pay all
undisputed invoice amounts within 30 days of receipt of the invoice. CITY will use its best
efforts to notify CONTRACTOR of any disputed invoice amounts or claimed completion
percentages within 15 days of the receipt of each invoice. However, CITY's failure to timely
notify CONTRACTOR of a disputed amount shall not be deemed a waiver of CITY's right to
challenge that amount.
Additionally, if CITY fails to pay any undisputed amounts due CONTRACTOR
within 60 days after invoices are received by CITY, then CONTRACTOR shall have the right to
consider that default a total breach of this Agreement, and this Agreement may be terminated
by CONTRACTOR upon 10 working days' advance written notice to CITY.
2.4 Term of Agreement
This Agreement shall commence on the day it is signed, and shall terminate on
April 30, 2008, unless further extended upon the mutual agreement of the parties.
3.1 Automobile Insurance
ARTICLE 3
INSURANCE
CONTRACTOR. shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, an automobile insurance policy that complies with
the requirements of State law.
3.2 Workers' Compensation Insurance
CONTRACTOR. will maintain in force at all times during the performance of work
under this Agreement workers' compensation insurance as required by law.
3.3 Certificate of Insurance
At all times during the term of this Agreement, CONTRACTOR shall maintain on
file with the CITY Clerk certificates of insurance showing that the required policies are in effect.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without cause, by
either party upon 30 days prior written notice; provided, however, that if CONTRACTOR
violates any applicable City policy while performing his duties pursuant to this Agreement, CITY
may terminate this Agreement immediately. Notice shall be deemed served upon deposit in
the United States Mail of a certified or registered letter, postage prepaid, return receipt
requested, addressed to the other party, or upon personal service of that notice to the other
party, at the address set forth in Article 6.10.
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(b) In the EWent of termination or cancellation of this Agreement by
CONTRACTOR or CITY, due to no fault or failure of performance by CONTRACTOR,
CONTRACTOR shall be paid compensation for all services performed in accordance with all of
the terms and provisions of this Agreement prior to the effective date of termination or
cancellation; provided, in no event shall the amount of money paid under the foregoing
provisions of this paragraph exceed the amount of total compensation that would have been
paid to CONTRACTOR for the full performance of the services, as specified in Article 2.1.(a).
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All reports and other documents prepared by CONTRACTOR pursuant to this
Agreement are instruments of service, which shall be deemed the CITY'S property. If a
document is prepared by CONTRACTOR on a computer, CONTRACTOR shall prepare such
document ir:i a Microsoft® Word 2003 or lower format for text, and AutoCAD 2006 or lower
format for plans. In addition, CONTRACTOR shall provide CITY with those documents both in
a printed format and on disks.
6.1 Representation
ARTICLE 6
GENERAL PROVISIONS
CITY's representative shall be the City Manager or the City Manager's designee.
CONTRACTOR shall represent himself.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONTRACTOR shall comply with all
applicable provisions of the California Fair Employment Practices Act (California Government
Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of
1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. §
11200, et seq.).
6.3 Personnel
If first approved by the City Manager, CONTRACTOR may associate with or
recommend that CITY employ part time staff or student interns to operate Channel 33 or the
cable studio.
6.4 Conflicts of Interest
CONTRACTOR agrees not to accept any employment or representation during
the term of this Agreement, or within 12 months after completion of the work under this
Agreement, which is or may likely make CONTRACTOR "financially interested" (as provided in
California Government Code Section 1090 and 87100) in any decisions made by CITY on any
matter in connection with which CONTRACTOR has been retained pursuant to this Agreement.
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6.5 Legal Action
(a) Should either party to this Agreement bring legal action against the other,
the case shall be brought in a court of competent jurisdiction in Los Angeles County, California,
and the party prevailing in that action shall be entitled to recover its costs of litigation, including
reasonable attorneys' fees, which shall be fixed by the judge hearing the case, and such fees
shall be included in the judgment.
(b) Should any legal action involving the Project be brought against CITY by a
party other than CONTRACTOR, and should that action require the testimony of
CONTRACTOR when there is no allegation that CONTRACTOR was negligent, CITY shall
compensate CONTRACTOR for its testimony and preparation to testify at the hourly rates in
effect at the time of such testimony.
6.6 Assignment
This Agreement shall not be assignable by either party without the prior written
consent of th'e other party.
6.7 Independent Contractor
CONTRACTOR is and shall at all times remain, as to the CITY, a wholly
independent CONTRACTOR.. Neither the CITY nor any of its agents shall have control over
the conduct of CONTRACTOR or any of the CONTRACTOR'S employees, except as herein
set forth. CONTRACTOR expressly warrants not to, at any time or in any manner, represent
that it, or any of its agents, servants or employees, are in any manner agents, servants, or
employees of CITY, it being understood that CONTRACTOR is, and shall at all times remain to
CITY, a wholly-independent CONTRACTOR and that CONTRACTOR'S obligations to CITY are
solely those set forth in this Agreement.
6.8 Captions
The captions used in this Agreement are for general reference only and are not
part of the Agreement.
6.9 Entire Agreement
This Agreement represents the entire and integrated Agreement between CITY
and CONTRACTOR and supersedes all prior negotiations, representations, or agreements,
whether written or oral. This Agreement may be modified or amended only by a subsequent
written agreement signed by both parties.
6.10 Notices
All notices pertaining to this Agreement shall be in writing and addressed as
follows:
If to CONTRACTOR:
Mr. Mark J. Daddy r
'-f•Z"I" W, 17'f.+h ;::,;-
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If to CITY:
Carolyn Lehr, City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
TO EFFECTUATE THIS AGREEMENT, the parties have executed this
Agreement as of the dates seit forth below.
ATTEST:
CITY CLERK
"CONTRACTOR"
MARK J. DOODY.
BY:~~·
"3-~ ... ~008
Date
VERDES
BY: ·~..;._~~..L.-;.~--.1'--~~~~
MAYOR
City of Rancho Palos
3-\~-o~
Date
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