get_agenda_document_link — Fortuna City Council, June 25, 2024

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The City Council May Take Action on any Item on this Agenda.

1. CALL TO ORDER / FLAG SALUTE / ROLL CALL
Council
Council Member Kyle Conley
Council Member Mike Losey
Council Member Kris Mobley
Mayor Pro Tem Mike Johnson
Mayor Tami Trent
Staff
City Manager Merritt Perry
City Clerk Siana L. Emmons

2. ORAL COMMENTS FROM THE PUBLIC
Members of the Public may be heard at this on any item within the subject matter jurisdiction of the City that is not on the Public Meeting Agenda. It is the practice of the Council to hold public comment for every item of business on the agenda at the time that item is heard. If a speaker cannot stay for a particular item of business, they may be heard during this time. Comments concerning the Consent Calendar may also be heard at this time. Speakers addressing the Council will be limited to 3 minutes per speaker. Be advised that, by law, the City Council can only deliberate or take action on items that are included on the agenda.

Special Meeting
Tuesday, June 25, 2024 at 10:30 am

3. CONSENT CALENDAR
a. Approve Interim City Manager Amy Nilsen as an Authorized Signer for the City of Fortuna with US Bank
Attachments:

Staff Report (3a._US_Bank_Authorized_Check_Signer_Interim_City_Manager_Amy_N ilsen.pdf)
b. Approval of the Full and Part Time Classification and Pay Rate Schedules for Fiscal Year 2024-2025 Resolution 2024-18 and Resolution 2024-19 Attachments:

Staff Report (3b._SR_Pay_Rate_Schedule_Adoption_FY_24-25.pdf) Resolution 2024-18 (3ba._2024-18_Full_Time_Pay_Rate_Schedule_FY_24-25.pdf) Attachment (3bb._FT_Pay_Rate_Schedule_FY24-25.pdf)
Resolution 2024-19 (3bc._2024-19_Part_Time_Pay_Rate_Schedule_FY_24-25.pdf) Attachment (3bd._PT_Pay_Rate_Schedule_FY24-25.pdf)
c. Approve New and Amended Contracts with Finance Director, Public Works Director and Human Resources Director/City Clerk
Attachments:

Staff Report (3c._Approve_Employment_Contracts_for_HR_and_PW_Directors_Staff_ Report.pdf)
Attachment (3ca._Second_Amendment_to_A._Felmlee_Employment_Agreement.pdf) Attachment (3cb._PW_DIR_CITY_ENG_EMPLOYMENT_AGREEMENT.pdf) Attachment (3cc._HR_City_Clerk_EMPLOYMENT_AGREEMENT.pdf)

4. CITY COUNCIL BUSINESS
a. Approve Award of Parks & Rec Software to Civic Plus
Attachments:

Staff Report (4a._Approval_of_CivicRecSoftware.pdf)
Attachment (4aa._CivicPlus_Recreation_Software_Proposal.pdf)

5. ADJOURN TO CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: City Manager Merritt Perry, Employee Organizations: Fortuna Police Employees Association, Fortuna Employees Association, and the Unrepresented/Management group in accordance with Section 54957.6 of the Government Code.

6. REPORT OUT AND ADJOURN
Pursuant to Government Code Section 54957.5, any non-confidential documents or writings that the City distributes, less than 72 hours before a regular meeting, to all or a majority of the legislative body's members must be made available to members of the public at the same time as the distribution. Documents and information related to the agenda topics are available for review at City Hall, 621 11th Street, between the hours of 8:00 AM to 5:00 PM. Members of the public are invited to come to the meeting and comment. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 725-7600.

Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Contact: Siana L. Emmons, City Clerk ([email protected] (707)725-7600) | Agenda published on 06/24/2024 at 10:28 AM
Consent Item XX

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STAFF REPORT
City Council Consent Item
DATE: June 25, 2024
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Director of Finance
SUBJECT: Approve Interim City Manager Amy Nilsen as an Authorized Signer for the City of Fortuna with US Bank
EXECUTIVE SUMMARY:

Amy Nilsen, as the recently appointed Interim City Manager, needs City Council approval to become an authorized signer to conduct necessary financial transactions for the City of Fortuna with US Bank.

City checks require two signatures, City’s current process is to have five authorized signers to ensure checks can always be processed in a timely manner. The other check signers for the City are Police Chief Casey Day, Police Lieutenant Matt Eberhardt, Director of Finance Aaron Felmlee, and City Clerk Siana Emmons. These individuals will continue as authorized check signers.

Current check signer Merritt Perry will be removed as a signer upon his resignation date of July 14, 2024.

RECOMMENDED COUNCIL ACTION:

Approve Interim City Manager Amy Nilsen as an authorize signer for the City of Fortuna with US Bank. Consent Agenda vote.

Consent Item XX

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STAFF REPORT
City Council Consent Item
DATE: June 25, 2024
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, City Clerk/Human Resources Manager THROUGH: Merritt Perry, City Manager
SUBJECT: Approval of the Full and Part Time Classification and Pay Rate Schedules for Fiscal Year 2024-2025 Resolution 2024-18 and Resolution 2024-19 STAFF RECOMMENDATION:

Approve the Fiscal Year 2024-25 Classification and Pay Rate Schedule for full and part time employees by adopting Resolution 2024-18 and Resolution 2024-19.

EXECUTIVE SUMMARY:
 The Full Time Pay Classification and Rate Schedule does not reflect changes for the city’s bargaining units, as negotiations have not been completed.  Upon completion of negotiations, staff will bring the Full Time Pay Classification and Rate Schedule back to Council to amend in accordance with agreements with the Fortuna Police Employee’s Association as well as Fortuna Employee’s Association.  The Full Time Pay Classification and Rate Schedule does account for the proposed classification changes as previously presented to Council and included here as Attachment “A” to Resolution 2024-18.
 The Part Time Pay Classification and Rate Schedule does account for the proposed changes as previously presented to Council and are included here at Attachment “A” to Resolution 2024-19
FISCAL IMPACT:

While negotiations are not final, the fiscal impacts associated with the proposed reclassifications have been incorporated into the FY 2024-25 Budget and are reflected in the budget.

RECOMMENDED COUNCIL ACTION:

Motion to adopt Resolution 2024-18 and Resolution 2024-19; and read by title only. Consent agenda vote.

ATTACHMENTS:
 Resolution 2024-18; A Resolution of The City Council of the City Of Fortuna Adopting the Full Time Classification And Pay Rate Schedules For Fiscal Year 2024-25. o Attachment “A” FY 2024-25 Full-time Pay Rate Schedule Consent Item XX

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 Resolution 2024-19; A Resolution of The City Council of the City Of Fortuna Adopting the Part Time Classification And Pay Rate Schedules For Fiscal Year 2024-25 o Attachment “A” FY 2024-25 Part-time Pay Rate Schedule RESOLUTION 2024-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

ADOPTING THE AMENDED FULL-TIME CLASSIFICATION AND PAY RATE SCHEDULE FOR FISCAL YEAR 2024-25
WHEREAS, the City Council has established a Classification and Pay Rate Schedule for Fiscal Year 2024-25 for all full-time employees; and
WHEREAS, this Full-time Pay Rate Schedule shall reflect the proposed reclassifications for Fiscal Year 2024-25; and
WHEREAS this amended Pay Rate Schedule will be effective June 30, 2024; and WHEREAS, this Resolution shall supersede all previous full-time Classification and Pay Rate Schedules.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fortuna that all appointed officers and employees shall be compensated as shown in “Attachment A” of this Resolution.

PASSED AND ADOPTED on this 25
th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Tami Trent, Mayor
ATTEST:
___________________________
Ashley Chambers, Deputy City Clerk
FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
305 Bus Driver II (1) F15 Yr: $ 34,369.92 $ 35,744.72 $ 37,174.51 $ 38,661.49 $ 40,207.95 $ 41,816.26 306 Conference Center Coordinator (1) Hr: 16.5240 17.1850 17.8724 18.5873 19.3308 20.1040 312 Account Clerk II (1)
320 Facility Custodian (1) F19 Yr: 36,819.51 38,292.29 39,823.98 41,416.94 43,073.62 44,796.56 Hr: 17.7017 18.4098 19.1462 19.9120 20.7085 21.5369
305 Bus Driver II (1) F20 Yr: 37,462.83 38,961.35 40,519.80 42,140.59 43,826.22 45,579.27 306 Conference Center Coordinator (1) Hr: 18.0110 18.7315 19.4807 20.2600 21.0703 21.9132 320 Facility Custodian (1)
325 Park Maintenance Worker II (1)
326 Street Maintenance Worker II (1)
327 Utility Worker II (1)
312 Account Clerk II (1) F21 Yr: 38,667.20 40,213.89 41,822.44 43,495.34 45,235.15 47,044.56 326 Street Maintenance Worker II (1) Hr: 18.5900 19.3336 20.1070 20.9113 21.7477 22.6176 334 Records Clerk (2) F22 Yr: 39,421.54 40,998.40 42,638.33 44,343.87 46,117.62 47,962.33 Hr: 18.9527 19.7108 20.4992 21.3192 22.1720 23.0589
338 Administrative Assistant II (1) F23 Yr: 39,496.78 41,076.65 42,719.71 44,428.50 46,205.64 48,053.87 Hr: 18.9889 19.7484 20.5384 21.3599 22.2143 23.1029
313 Recreation Program Supervisor (4) F24 Yr: 39,496.78 41,076.65 42,719.71 44,428.50 46,205.64 48,053.87 Hr: 18.9889 19.7484 20.5384 21.3599 22.2143 23.1029
327 Utility Worker II (1) F25 Yr: 40,560.00 42,182.40 43,869.70 45,624.48 47,449.46 49,347.44 Hr: 19.5000 20.2800 21.0912 21.9349 22.8123 23.7248
350 Community Services Officer II (2) F26 Yr: 41,802.28 43,474.38 45,213.35 47,021.89 48,902.76 50,858.87 351 Police Officer Trainee (2) Hr: 20.0973 20.9012 21.7372 22.6067 23.5110 24.4514 352 Park Maintenance Worker III (1) F27 Yr: 41,639.91 43,305.51 45,037.73 46,839.24 48,712.81 50,661.32 353 Street Maintenance Worker III (1) Hr: 20.0192 20.8200 21.6528 22.5189 23.4197 24.3565 354 Utility Worker III (1)
356 Accounting Technician (1)
Classification
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
353 Street Maintenance Worker III (1) F28 Yr: 42,392.51 44,088.21 45,851.74 47,685.81 49,593.24 51,576.97 365 Treatment Plant Operator I/OIT (1) Hr: 20.3811 21.1963 22.0442 22.9259 23.8430 24.7967 367 Administrative Assistant III (2) F29 Yr: 44,960.73 46,759.16 48,629.52 50,574.70 52,597.69 54,701.60 Hr: 21.6158 22.4804 23.3796 24.3148 25.2874 26.2989
354 Utility Worker III (1) F30 Yr: 44,710.53 46,498.95 48,358.91 50,293.26 52,304.99 54,397.19 370 Treatment Plant Operator II (1) Hr: 21.4955 22.3553 23.2495 24.1795 25.1467 26.1525 375 Conference Center Manager (4) F31 Yr: 45,524.54 47,345.52 49,239.34 51,208.92 53,257.27 55,387.56 376 City Carpenter III (1) Hr: 21.8868 22.7623 23.6728 24.6197 25.6045 26.6287 380 Lead Street Maintenance Worker (1) F32 Yr: 46,338.55 48,192.10 50,119.78 52,124.57 54,209.55 56,377.94 381 Lead Utility Worker (1) Hr: 22.2782 23.1693 24.0961 25.0599 26.0623 27.1048 382 Vehicle & Equip Mechanic (1)
383 Treatment Plant Mechanic (1)
384 Lead Park Maintenance Worker (1)
370 Treatment Plant Operator II (1) F33 Yr: 46,841.60 48,715.26 50,663.87 52,690.43 54,798.05 56,989.97 Hr: 22.5200 23.4208 24.3577 25.3320 26.3453 27.3991
387 Police Dispatcher II (2) F34 Yr: 49,880.82 51,876.05 53,951.10 56,109.14 58,353.50 60,687.65 Hr: 23.9812 24.9405 25.9381 26.9756 28.0546 29.1768
384 Lead Park Maintenance Worker (1) F35 Yr: 48,912.14 50,868.63 52,903.37 55,019.51 57,220.29 59,509.10 389 Senior Administrative Assistant - CD (1) Hr: 23.5155 24.4561 25.4344 26.4517 27.5098 28.6102 390 Senior Administrative Assistant - PW (1)
375 Conference Center Manager (4) F36 Yr: 48,912.14 50,868.63 52,903.37 55,019.51 57,220.29 59,509.10 391 Sr Administrative Assistant / Deputy City Clerk (3) Hr: 23.5155 24.4561 25.4344 26.4517 27.5098 28.6102 380 Streets Shift Supervisor (1) F37 Yr: 49,792.58 51,784.28 53,855.65 56,009.88 58,250.27 60,580.29 400 Building Inspector (1) Hr: 23.9388 24.8963 25.8922 26.9279 28.0050 29.1252 Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
398 Treatment Plant Operator III (1) F38 Yr: 50,960.00 52,998.40 55,118.34 57,323.07 59,615.99 62,000.63 401 Lead Vehicle & Equip Mechanic (1) Hr: 24.5000 25.4800 26.4992 27.5592 28.6616 29.8080 402 Utility Shift Supervisor (1) F39 Yr: 52,576.17 54,679.22 56,866.39 59,141.04 61,506.68 63,966.95 403 Treatment Plant Operator III/Shift Supervisor (1) Hr: 25.2771 26.2881 27.3397 28.4332 29.5706 30.7534 404 Laboratory Director (1)
405 Planner II (4) F40 Yr: 52,576.17 54,679.22 56,866.39 59,141.04 61,506.68 63,966.95 Hr: 25.2771 26.2881 27.3397 28.4332 29.5706 30.7534
408 Police Officer (2) F41 Yr: 53,951.09 56,109.14 58,353.50 60,687.64 63,115.15 65,639.75 Hr: 25.9381 26.9756 28.0546 29.1768 30.3439 31.5576
403 Treatment Plant Operator III/Shift Supervisor (1) F42 Yr: 54,974.40 57,173.38 59,460.31 61,838.72 64,312.27 66,884.76 Hr: 26.4300 27.4872 28.5867 29.7302 30.9194 32.1562
422 Engineering Tech II (1) F43 Yr: 56,539.18 58,800.75 61,152.78 63,598.89 66,142.85 68,788.56 430 Finance Office Supervisor (4) Hr: 27.1823 28.2696 29.4004 30.5764 31.7995 33.0715 432 Payroll/Benefits Administrator (3)
440 Police Sergeant (2) F47 Yr: 65,369.27 67,984.04 70,703.40 73,531.54 76,472.80 79,531.71 Hr: 31.4276 32.6847 33.9921 35.3518 36.7658 38.2364
458 Building Official (4) F52 Yr: 66,666.68 69,333.35 72,106.69 74,990.95 77,990.59 81,110.22 Hr: 32.0513 33.3334 34.6667 36.0534 37.4955 38.9953
459 Public Works Project Manager (4) F54 Yr: 69,172.96 71,939.88 74,817.47 77,810.17 80,922.58 84,159.48 460 General Services Superintendent (4) Hr: 33.2563 34.5865 35.9700 37.4088 38.9051 40.4613 463 Chief Treatment Plant Operator (4)
465 Parks and Recreation Director (4)
464 City Clerk/Human Resource Manager (5) F59 Yr: 75,980.08 79,019.28 82,180.05 85,467.25 88,885.94 92,441.38 Hr: 36.5289 37.9901 39.5097 41.0901 42.7337 44.4430
480 Deputy City Engineer (4) F60 Yr: 77,251.20 80,341.25 83,554.90 86,897.09 90,372.98 93,987.90 Hr: 37.1400 38.6256 40.1707 41.7775 43.4486 45.1865
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) FY 2024-25 Full-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
Classification
472 Lieutenant (4) F61 Yr: 78,775.48 81,926.50 85,203.56 88,611.70 92,156.17 95,842.42 Hr: 37.8729 39.3878 40.9633 42.6018 44.3059 46.0781
464 City Clerk/Human Resource Manager (5) F65 Yr: 85,543.71 88,965.46 92,524.08 96,225.04 100,074.04 104,077.00 Hr: 41.1268 42.7719 44.4828 46.2621 48.1126 50.0371
486 Community Development Director (4) F66 Yr: 85,888.83 89,324.38 92,897.35 96,613.25 100,477.78 104,496.89 Hr: 41.2928 42.9445 44.6622 46.4487 48.3067 50.2389
488 Public Works Director (5) F70 Yr: 101,116.76 105,161.43 109,367.89 113,742.60 118,292.31 123,024.00 Hr: 48.6139 50.5584 52.5808 54.6840 56.8714 59.1462
490 Finance Director (5) F72 Yr: 104,138.17 108,303.69 112,635.84 117,141.28 121,826.93 126,700.00 Hr: 50.0665 52.0691 54.1519 56.3180 58.5707 60.9135
495 Police Chief (5) F97 Yr: 134,203.85
Hr: 64.5211
499 City Manager (5) F99 Yr: 156,679.02
Hr: 75.3265
KEY:
(1) Represented; Fortuna Employees Association (4) Unrepresented; Management Group (2) Represented; Fortuna Police Employees Association (5) Unrepresented; Individual Contract (3) Unrepresented; Confidential Group
* NOTE: The Payroll Department will be paying based on the Hourly Pay as shown in this schedule. Yearly pay is shown for informational purposes only and may, due to rounding, differ slightly from Hourly Pay.

Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) RESOLUTION 2024-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA

ADOPTING THE PART-TIME CLASSIFICATION AND
PAY RATE SCHEDULE FOR FISCAL YEAR 2024-25
WHEREAS, the City desires to establish a Classification and Pay Rate Schedule for Fiscal Year 2024-25 for all part-time employees; and
WHEREAS, this Part-time Pay Rate Schedule shall reflect the proposed reclassifications for Fiscal Year 2024-25; and
WHEREAS, the Pay Rate Schedule will be effective June 30, 2024; and WHEREAS, this Resolution shall supersede all previous part-time Classification and Pay Rate Schedules.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fortuna that all part-time employees shall be compensated as shown in “Attachment A” of this Resolution.

PASSED AND ADOPTED on this 25
th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________
Tami Trent, Mayor
ATTEST:
___________________________
Ashley Chambers, Deputy City Clerk
FY 2024-25 Part-time Pay Rate Schedule
City of Fortuna
P / R Step Base 4% 4% 4% 4% 4%
Code No. Step 0 Step 1 Step 2 Step 3 Step 4 Step 5
200 Kennel Attendant (R & OC) P10 Hr: 16.0000 16.6400 17.3056 17.9979 18.7178 19.4665 201 Recreation Leader (OC)
202 Conference Center Worker (OC)
203 Transit Dispatch / Office Assistant (R)
204 Street Maintenance Worker I (R & OC)
205 Parks Maintenance Worker I (R & OC)
220 Bus Driver I (R) P12 Hr: 16.5240 17.1850 17.8724 18.5873 19.3308 20.1040 204 Street Maintenance Worker I (R & OC)
205 Parks Maintenance Worker I (R & OC)
221 Recreation Program Coordinator (R & OC)
230 Museum Curator (R) P16 Hr: 17.0198 17.7006 18.4086 19.1449 19.9107 20.7071 220 Bus Driver I (R)
203 Transit Dispatch / Office Assistant (R) P19 Hr: 17.7017 18.4098 19.1462 19.9120 20.7085 21.5369 230 Museum Curator (R)
240 Administrative Assistant I (R) P23 Hr: 19.5586 20.3409 21.1545 22.0007 22.8807 23.7960 250 Community Services Officer I (R) P26 Hr: 20.6198 21.4446 22.3024 23.1945 24.1223 25.0871 251 Reserve Police Officer (OC)
265 Dispatcher I (OC) P35 Hr: 24.2210 25.1898 26.1974 27.2453 28.3351 29.4685 270 Code Compliance Officer (R) P36 Hr: 24.6570 25.6432 26.6690 27.7357 28.8451 29.9989 299 * Special Consultant / Interim Employee (T) Hr: 16.0000 90.0000 KEY:

R: Regular Hourly Part-time; Maximum of 29 hours per week and 1400 hours per year calendar and fiscal year. (Year-round positions) T: Temporary Hourly Part-time; Job assignment not to exceed one year (12 consecutive months). (One-time projects, not subject to call back year after year) Classification
* This Classification includes but is not limited to Retired Annuitants, Special Projects Consultants, and Interim Employees. Hourly wage is dependent upon qualifications and positions hired for. Does not participate in COLA/pay adjustments.

OC: On Call; Maximum of 1000 hours per calendar and fiscal year. (On Call employees cannot work year round but can be called back year after year) Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Business Agenda Item A

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STAFF REPORT
City Council Business Agenda Item
DATE: June 25, 2024
TO: Honorable Mayor and Council Members
FROM: Merritt Perry, City Manager
SUBJECT: Approve New and Amended Contracts with Finance Director, Public Works Director and Human Resources Director/City Clerk
STAFF RECOMMENDATION:

Authorize the City Manager to execute amended contract with Finance Director and execute employment contracts with the Public Works Director and Human Resources Director/City Clerk.

STAFF RECOMMENDATION:

Approve the proposed amendment to the agreement between the City of Fortuna and Aaron Felmlee, Finance Director and employment contracts with Siana Emmons, City Clerk/Human Resources Director and Brendan Byrd, Public Works Director/City Engineer.

EXECUTIVE SUMMARY:

Staff regularly review salary for all employees on a regular basis. During recent reviews of salaries for department head positions in Humboldt County, it is clear that the City regularly paying below other cities in the county. It is important that the City maintain salaries as close as possible to other nearby agencies in order to retain key staff positions.

Staff is recommending amending the employment agreement with Finance Director Felmlee that will provide additional compensation and other benefits and extend the contract term. Staff is also recommending entering into employment contracts with Siana Emmons City Clerk/Human Resources Director and Brendan Byrd, Public Works Director/City Engineer to be able to negotiate pay and benefits for these positions outside of negotiations with other unrepresented employees.

The provisions in each of the proposed contracts have been reviewed by the council in closed session along with salary comparisons for other nearby jurisdictions. The agreements have also been reviewed and approved by the City Attorney.

FINANCIAL IMPACT:

The Fiscal Year 2024-2025 Budget anticipated and includes the proposed costs associated with the proposed contracts.

RECOMMENDED COUNCIL ACTION:

Authorize the City Manager to execute an amendment to the employment agreement between the City of Fortuna and Aaron Felmlee, Finance Director and execute employment contracts with the Business Agenda Item A

Page 2 of 2 ends

Public Works Director Brendan Byrd, and Human Resources Director/City Clerk Siana Emmons. Consent Agenda vote.

ATTACHMENTS:
 Draft Second Amendment to Employment Agreement with Aaron Felmlee, Finance Director  Draft Employment Agreement with Public Works Director Brendan Byrd  Draft Employment Agreement with Human Resources Director/City Clerk Siana Emmons.

SECOND AMENDMENT TO THE CITY OF FORTUNA FINANCE DIRECTOR

EMPLOYMENT AGREEMENT FOR PROFESSIONAL SERVICES
THIS SECOND AMENDMENT (this “Amendment”) is made effective as of July 1, 2024 (“Amendment Effective Date”), by and between the CITY OF FORTUNA, California (hereinafter "City"), and AARON FELMLEE (hereinafter "Employee") each of whom understand and agree as follows:

WITNESSETH
WHEREAS, pursuant to that written City of Fortuna Finance Director Employment Agreement for Professional Services Employer effective February 20, 2022 (the “Agreement”), City retained the services of Employee to perform the duties of the Finance Director; and WEREAS, by way of this Amendment, it is the desire of the parties to amend certain provisions of the Agreement as set forth below.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

1. Amendment of the Agreement. Section 2 (Term) of the Agreement is hereby replaced in its entirety with the following text:

A. Employee agrees to remain in the exclusive employ of Employer until June 30, 2027 (“Termination Date”), and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. Employee may engage in outside consultation with the prior and continuing approval of the City Manager and to the extent that such outside consultation does not interfere with the duties and responsibilities set forth in this Employment Agreement. It is specifically understood and agreed that any outside consultation is to be secondary to this employment by the City of Fortuna and shall not conflict or interfere in any way with the full-time nature of this City employment.

B. The term of this agreement may be extended by mutual agreement of the parties in a signed writing.

C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A, B and C, of this Agreement.

D. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3 of this Agreement.

2. Amendment of the Agreement. Section 4 (Compensation) of the Agreement is hereby replaced in its entirety with the following text:

A. CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual, base salary of $126,700, payable in installments at the same time as other employees of CITY are paid. Pursuant to CITY personnel policies and procedures, EMPLOYEE will be reviewed and evaluated annually following the EMPLOYEE’S anniversary date of hire, and annually thereafter.

B. In addition, CITY agrees to increase said salary in increments of 3 percent per year each July 1 provided that the EMPLOYEE has performed in a satisfactory manner during the previous annual review period, as determined by the City Manager, and will also be eligible for longevity pay.

Except as hereinafter provided, EMPLOYEE shall receive such other and further benefits as are accorded other management employees of CITY, including, but not limited to, vacation, holidays, sick and bereavement leaves, and executive leave days.

3. Amendment of the Agreement. The following paragraph will be added as sub-section “E" to Section 9 (Other Terms and Conditions of Employment) of the Agreement:

E. Vacation Pay. Notwithstanding anything in the Agreement to the contrary, Employee shall accrue 160 hours (four weeks) of vacation leave per fiscal year. Employee shall accrue and utilize vacation leave in the same manner as other unrepresented employees of Employer.

2. No Further Modification; Conflict. Except as set forth in this Amendment, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. In the event of any conflict between the terms, covenants and conditions of the Agreement, and the terms, covenants and conditions of this Amendment, the terms, covenants and conditions of this Amendment shall govern and control.

SIGNATURE PAGE FOLLOWS THIS PAGE
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

THE CITY OF FORTUNA
By:

Name: Merritt Perry Date
Title: City Manager

EMPLOYEE
By:

Name: Aaron Felmlee Date
Title: Finance Director

CITY OF FORTUNA PUBLIC WORKS DIRECTOR/CITY ENGINEER

EMPLOYMENT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, is made and entered into this ______day of June 2024, becoming effective on July 1, 2024, was made and entered into by and between the CITY OF FORTUNA, California (hereinafter "CITY"), and BRENDAN BYRD (hereinafter "EMPLOYEE") each of whom understand and agree as follows:

WITNESSETH
WHEREAS, Employer desires to continue the services of said employee to perform the duties of the Public Works Director and City Engineer (collectively “Public Works Director”); and WEREAS, it is the desire of the parties to establish certain conditions of employment and to set forth the working conditions of the employee within the framework of an at-will employment relationship.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

SECTION 1. DUTIES
A. Employer hereby agrees to employ said EMPLOYEE as Public Works Director to perform the functions and duties of Public Works Director as set forth in the Fortuna Municipal Code.

B. EMPLOYEE shall perform other legally permissible and proper duties and functions, as the City Manager shall from time-to-time assign.

C. It is recognized that the position of Public Works Director may call for unusual work hours. It is therefore agreed the employee will set his own works hours while devoting the necessary amount of time and energy needed to faithfully perform the duties of Public Works Director under this Agreement, subject to prior written approval by the City Manager.

SECTION 2. TERM
A. The term of this Agreement, unless terminated earlier as provided for in this Agreement, shall be for a period of three (3) years, commencing on July 1, 2024.

B. Pursuant to the Charter of the City of Fortuna and its Municipal Code, the parties acknowledge and agree that the Public Works Director serves at the pleasure of the City Manager; that there exists no contract for or right to employment; either expressed or implied, with the sole exception of the provisions contained herein; that the City Manager may terminate the employment of the EMPLOYEE with or without cause; and that upon such termination, with or without cause, EMPLOYEE'S sole remedy under the laws of the State of California, the laws of these United States, the Charter of the City of Fortuna, its Municipal Code, and this Agreement consists of the provisions contained in Section 3 hereof.

C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of EMPLOYEE to resign at any time from his position with CITY, subject only to the provisions set forth in Section 3 of this Agreement.

D. EMPLOYEE agrees to remain in the exclusive employ of CITY during the employment term, and neither to accept, nor to become employed by another employer until said termination date, unless said termination date is effected as hereinafter provided. Notwithstanding, with the consent of, and at the sole discretion of the City Manager, EMPLOYEE may accept compensation for outside consulting, writing, or speaking engagements; or while teaching or training; or while serving on the Board of Directors of one or more corporations; provided however, that such outside activities or work are not inconsistent or incompatible with CITY employment.

SECTION 3. TERMINATION AND SEVERANCE PAY
A. This Agreement shall terminate upon the occurrence of any of the following events:

1. Upon thirty (30) days’ notice given to CITY by EMPLOYEE; or 2. Upon the death of EMPLOYEE; or 3. Upon the effective date of retirement from CITY service pursuant to PERS; or 4. Upon decision of the City Manager of CITY to terminate EMPLOYEE, with or without cause.

B. In the event EMPLOYEE is terminated without cause, at any time during the term of this Agreement, CITY agrees to pay to EMPLOYEE a lump sum cash severance payment equal to the total of the EMPLOYEE’s then current aggregate salary, benefits, and deferred compensation that he would have been entitled to receive for a period of three (3) months under the terms of this Agreement. EMPLOYEE shall also be compensated for all earned and unused vacation, holidays, and other accrued benefits to date. Earned Sick Leave will be compensated according to the same provisions as other Unrepresented Employees. In the event EMPLOYEE is terminated for cause or conviction, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in the above paragraph.

C. CITY reserves the right to terminate this Agreement without liability for any severance pay whatsoever, when such termination is made for cause. "Termination for Cause" shall include:

1. Willful breach of this Agreement pursuant to Labor Code Section 2924.

2. Habitual neglect of the duties required to be performed as Public Works Director pursuant to Labor Code Section 2924.

3. Any acts of dishonesty, fraud, or other acts of moral turpitude.

4. Conviction of any act which would constitute a serious crime, whether misdemeanor or felony.

5. Willful violations of CITY policies of a serious nature, including for example, CITY'S sexual harassment or drugs-in-the-work-place policies.

D. Pursuant to Fortuna Municipal Code, should EMPLOYEE be terminated or suspended for cause, EMPLOYEE shall have a written notice of the cause of his removal or suspension from duty, and he shall have the opportunity to be heard on the cause of his removal or suspension before a public hearing of the City Council.

E. In the event CITY at any time during the employment term reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across the board reduction for management employees, or in the event the City refuses, following written notice, too comply with any other provision benefiting EMPLOYEE herein, then, in that event EMPLOYEE may at his option, be deemed to be "terminated without cause" at the date of such reduction or such refusal to comply with the meaning or the context of the herein severance pay provision.

SECTION 4. COMPENSATION
A. CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual, base salary of $123,024, payable in installments at the same time as other employees of CITY are paid.

Pursuant to CITY personnel policies and procedures, EMPLOYEE will be reviewed and evaluated annually following the EMPLOYEE’S anniversary date of hire, and annually thereafter.

C. Except as hereinafter provided, EMPLOYEE shall receive such other and further benefits as are accorded other management employees of CITY, including, but not limited to, vacation, holidays, sick and bereavement leaves, and executive leave days.

SECTION 5. AUTOMOBILE
EMPLOYEE’s duties require that he have the use at all times during his employment with Employer of an automobile. Use of the City vehicle shall be limited to City business only, and EMPLOYEE shall be entitled to reimbursement for use of their personal vehicle in accordance with the City’s Travel Policy.

SECTION 6. EQUIPMENT
A. CITY shall provide all business computing, and communications equipment and service costs, furniture, and fixtures necessary and convenient to carry out the terms of this Agreement.

B. All such equipment, furniture and fixtures provided by CITY shall be deemed the property of CITY.

SECTION 7. DISABILITY, HEALTH, AND LIFE INSURANCE
A. The Employer agrees to provide health insurance (including medical, dental, and vision coverage to the EMPLOYEE and eligible dependents), life insurance, workers compensation, and short-term disability coverage to the EMPLOYEE, and to pay all premiums theron on the same basis as other Unrepresented Employees of the City.

B. EMPLOYEE shall have the option to “buy-out” the employer’s health insurance coverage, and if EMPLOYEE elects to do so, EMPLOYEE shall be paid the then current rate paid to other City Employees exercising this option.

C. Employer’s Medicare contribution of 1.45% is matched by an EMPLOYEE contribution of

1.45% of EMPLOYEE’s salary for mandated Medicare coverage.

SECTION 8. RETIREMENT
A. Employer agrees to pay the Employer’s Cost, excluding the EMPLOYEE’s share, into the Public Employees’ Retirement System for the benefit of the EMPLOYEE. EMPLOYEE is a part of the PEPRA group (2.0% at 62 formula).

B. To the extent authorized by Internal Revenue Code Section 457 and regulations applicable thereto (“federal laws”), CITY agrees to pay annually, in bi-weekly installments, on behalf of EMPLOYEE 25% of the maximum allowable contribution pursuant to applicable federal laws, into the EMPLOYEE’S deferred compensation account with the City’s current deferred compensation provider.

SECTION 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.

A. To the extent, as provided and agreed upon by the City Council, in the CITY'S annual budget, CITY agrees to pay the dues and subscriptions of EMPLOYEE necessary for his contribution and full participation in national, regional, state and local associations necessary and desirable for his continued professional participation, growth, and advancement, and to maintain active communication with and through local organizations, and for the good of CITY.

B. To the extent, as provided and agreed upon by the City Council, in the CITY'S annual budget, CITY hereby agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, short courses, institutes, seminars and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions for CITY.

C. The EMPLOYEE shall utilize and accrue, and have credited and removed from his personal account holidays (including floating holidays), vacation and sick leave at the same rate and on the same basis as other Unrepresented Employees of the City. In the event of the termination or retirement of this agreement, the employee shall be entitled to payment of all leave balances in accordance with this agreement. Earned Sick leave shall be compensated according to the same practice as other Unrepresented Employees.

D. EMPLOYEE shall receive 80 hours of management leave per year in recognition of the time EMPLOYEE must work outside normal office hours.

E. Vacation Pay. Notwithstanding anything in the Agreement to the contrary, EMPLOYEE shall accrue 160 hours (four weeks) of vacation leave per fiscal year. EMPLOYEE shall accrue and utilize vacation leave in the same manner as other unrepresented employees of CITY.

SECTION 10: INDEMNIFICATION.

In addition to that required under state and local law, CITY shall defend, save harmless, indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE'S duties. The CITY, however, expressly does not waive, and does fully retain all discretion reserved to it by law under Government Code Sections 995 through 996.6, and successor provisions, if any. CITY may compromise and settle any such claims or disputes and pay the amount of any settlement or judgment rendered thereon.

SECTION 11. GENERAL PROVISIONS
A. The text herein shall constitute the entire Agreement between the parties.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE and may only be amended by the mutual written agreement of the parties.

C. This Agreement shall become effective the 1st day of July 2024.

D. If any provisions, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

E. If any provisions of the of CITY'S Personnel Rules, Regulations, and Policies conflict with the at-will employment status described in this Agreement, such conflicts will be resolved in favor of the at-will status contained in this Agreement.

F. CITY and EMPLOYEE agree that they will, at all times, assist each other in defending any litigation involving CITY, or EMPLOYEE'S duties with CITY, and CITY agrees to defend EMPLOYEE against any claim or action against him arising out of an act or omission occurring within the scope of his employment. The parties shall each comply with the requirements of Section 825 of the Government Code or its successor, in implementing this paragraph.

IN WITNESS WHEREOF, the City of Fortuna, State of California, has caused this Agreement to be signed and executed on its behalf by its City Manager and the EMPLOYEE has signed and executed this Agreement, both in duplicate, the day and year first above written.

THE CITY OF FORTUNA
By:

Name: Merritt Perry Date
Title: City Manager

EMPLOYEE
By:

Name: Brendan Byrd Date
1 CITY OF FORTUNA HUMAN RESOURCES DIRECTOR/CITY CLERK

EMPLOYMENT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this ______day of June 2024, becoming effective on July 1, 2024, was made and entered into by and between the CITY OF FORTUNA, California (hereinafter "CITY"), and SIANA EMMONS (hereinafter "EMPLOYEE") each of whom understand and agree as follows:

WITNESSETH
WHEREAS, Employer desires to continue the services of said employee to perform the duties of the Human Resources Director and City Clerk; and
WEREAS, it is the desire of the parties to establish certain conditions of employment and to set forth the working conditions of the employee within the framework of an at-will employment relationship.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

SECTION 1. DUTIES
A. Employer hereby agrees to employ said EMPLOYEE as Finance Director to perform the functions and duties of Human Resources Director and City Clerk as set forth in the Fortuna Municipal Code.

B. EMPLOYEE shall perform other legally permissible and proper duties and functions, as the City Manager shall from time-to-time assign.

C. It is recognized that the position of Human Resources Director and City Clerk may call for unusual work hours. It is therefore agreed the employee will set her own works hours while devoting the necessary amount of time and energy needed to faithfully perform the duties of Human Resources Director and City Clerk under this Agreement, subject to prior written approval by the City Manager.

SECTION 2. TERM
A. The term of this Agreement, unless terminated earlier as provided for in this Agreement, shall be for a period of three (3) years, commencing on July 1, 2024.

B. Pursuant to the Charter of the City of Fortuna and its Municipal Code, the parties acknowledge and agree that the Human Resources Director and City Clerk serves at the pleasure of the City Manager; that there exists no contract for or right to employment; either expressed or implied, with the sole exception of the provisions contained herein; that the City Manager may terminate the employment of the EMPLOYEE with or without cause; and that upon such termination, with or without cause, EMPLOYEE'S sole remedy under the laws of the State of California, the laws of these United States, the Charter of the City of Fortuna, its Municipal Code, and this Agreement consists of the provisions contained in Section 3 hereof. 2 C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of EMPLOYEE to resign at any time from her position with CITY, subject only to the provisions set forth in Section 3 of this Agreement.

SECTION 3. TERMINATION AND SEVERANCE PAY
A. This Agreement shall terminate upon the occurrence of any of the following events:

B. In the event EMPLOYEE is terminated without cause, at any time during the term of this Agreement, CITY agrees to pay to EMPLOYEE a lump sum cash severance payment equal to the total of the EMPLOYEE’s then current aggregate salary, benefits, and deferred compensation that she would have been entitled to receive for a period of three (3) months under the terms of this Agreement. EMPLOYEE shall also be compensated for all earned and unused vacation, holidays, and other accrued benefits to date. Earned Sick Leave will be compensated according to the same provisions as other Unrepresented Employees. In the event EMPLOYEE is terminated for cause or conviction, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in the above paragraph.

C. CITY reserves the right to terminate this Agreement without liability for any severance pay whatsoever, when such termination is made for cause. "Termination for Cause" shall include:

1. Willful breach of this Agreement pursuant to Labor Code Section 2924.

2. Habitual neglect of the duties required to be performed as Human Resources Director and/or City Clerk pursuant to Labor Code Section 2924.

3. Any acts of dishonesty, fraud, or other acts of moral turpitude.

4. Conviction of any act which would constitute a serious crime, whether misdemeanor or felony.

5. Willful violations of CITY policies of a serious nature, including for example, CITY'S sexual harassment or drugs-in-the-work-place policies.

D. Pursuant to Fortuna Municipal Code, should EMPLOYEE be terminated or suspended for cause, EMPLOYEE shall have a written notice of the cause of her removal or suspension from duty, and she shall have the opportunity to be heard on the cause of her removal or suspension before a public hearing of the City Council.
3 E. In the event CITY at any time during the employment term reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across the board reduction for management employees, or in the event the City refuses, following written notice, too comply with any other provision benefiting EMPLOYEE herein, then, in that event EMPLOYEE may at her option, be deemed to be "terminated without cause" at the date of such reduction or such refusal to comply with the meaning or the context of the herein severance pay provision.

SECTION 4. COMPENSATION
A. CITY agrees to pay EMPLOYEE for her services rendered pursuant hereto an annual, base salary of $104,077, payable in installments at the same time as other employees of CITY are paid.

Pursuant to CITY personnel policies and procedures, EMPLOYEE will be reviewed and evaluated annually following the EMPLOYEE’S anniversary date of hire, and annually thereafter.

SECTION 5. AUTOMOBILE
EMPLOYEE’s duties require that she have the use at all times during her employment with Employer of an automobile. Use of the City vehicle shall be limited to City business only, and EMPLOYEE shall be entitled to reimbursement for use of their personal vehicle in accordance with the City’s Travel Policy.

B. All such equipment, furniture and fixtures provided by CITY shall be deemed the property of CITY.

1.45% of EMPLOYEE’s salary for mandated Medicare coverage.

SECTION 8. RETIREMENT
Employer agrees to pay the Employer’s Cost, excluding the EMPLOYEE’s share, into the Public Employees’ Retirement System for the benefit of the EMPLOYEE. EMPLOYEE is a part of the CLASSIC group (2.0% at 55 formula).

SECTION 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.

A. To the extent, as provided and agreed upon by the City Council, in the CITY'S annual budget, CITY agrees to pay the dues and subscriptions of EMPLOYEE necessary for her contribution and full participation in national, regional, state and local associations necessary and desirable for her continued professional participation, growth, and advancement, and to maintain active communication with and through local organizations, and for the good of CITY.

C. The EMPLOYEE shall utilize and accrue, and have credited and removed from her personal account holidays (including floating holidays), vacation and sick leave at the same rate and on the same basis as other Unrepresented Employees of the City. In the event of the termination or retirement of this agreement, the employee shall be entitled to payment of all leave balances in accordance with this agreement. Earned Sick leave shall be compensated according to the same practice as other Unrepresented Employees.

D. EMPLOYEE shall receive 80 hours of management leave per year in recognition of the time EMPLOYEE must work outside normal office hours.

SECTION 10: INDEMNIFICATION.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE and may only be amended by the mutual written agreement of the parties.

C. This Agreement shall become effective the 1st day of July 2024.

F. CITY and EMPLOYEE agree that they will, at all times, assist each other in defending any litigation involving CITY, or EMPLOYEE'S duties with CITY, and CITY agrees to defend EMPLOYEE against any claim or action against him arising out of an act or omission occurring within the scope of her employment. The parties shall each comply with the requirements of Section 825 of the Government Code or its successor, in implementing this paragraph.

THE CITY OF FORTUNA
By:

Name: Merritt Perry Date
Title: City Manager

EMPLOYEE
By:

Name: Siana Emmons Date
Business Item 4a

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STAFF REPORT
City Council Business Item
DATE: June 25, 2024
TO: Honorable Mayor and Council Members
FROM: Heather Leigh Stevens, Parks and Recreation Director THRU: Merritt Perry, City Manager
SUBJECT: Request for Authorization for the City Manager to Execute Agreement for Parks and Recreation Software with CivicPlus
STAFF RECOMMENDATION:

Authorize City Manager to Execute Agreement for Parks and Recreation Software with CivicPlus.

EXECUTIVE SUMMARY:

The purpose of the agreement for Parks and Recreation software with CivicPlus is to contract with a qualified company to provide the best Parks and Recreation software for the City. The Parks and Recreation Department is currently using Tyler Technologies software. As has been noted in previous budget meetings, the current software is not meeting the registration, reservation, accounting and reporting needs of the City. City staff and community members have expressed frustration and dissatisfaction in the software and Recreation has stopped utilizing the program online in response to customer feedback. In order to be proactive and not find the City in a situation where the Tyler Technologies contract expires and Parks and Recreation has no accounting software, staff included in the FY2023-24 budget, funds for the purchase and implementation of new software.

CivicRec software will benefit all divisions within the Parks and Recreation department. River Lodge, Recreation, Parks, Transit and Depot Museum will utilize the software for registration and rental transactions, as well as reporting and providing information to facilities and parks staff. During the two CivicRec demonstrations, Parks and Recreation staff from all divisions were able to ask questions relevant to their unique needs.

During those demonstrations staff explored the features and functionalities of CivicRec, including facility rentals, program management, payment plans, and financial reporting.

CivicRec demonstrated the ease of set up including configuring programs and activities within the system. Also discussed was the possibility of offering discounts for program combinations, such as a summer camp combos and scholarships. While it may require some customization, CivicRec engineers will work with city staff to find a solution that meets the city’s specific needs.

Business Item 4a

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Some highlights of CivicPlus are that they have extensive knowledge and experience in Parks and Recreation software both from a recreation program and facility rental/management perspective, will provide extensive training and support throughout the implementation process and beyond, continually upgrade and enhance the software and all upgrades and new versions of the software are included in the agreement.

Staff are proposing that the Council authorize the award this service contract through without competitive bidding. Staff has reviewed several different software alternatives and implemented one that ultimately didn’t meet the city’s needs. Direct negotiation and award is allowed under Fortuna Municipal Code Section 2.50.070 (D) when the Council finds that direct negotiations best serve the City due to the nature of the work. In the context of this project, staff recommend this approach as it will result in a superior product that meets the needs of the City that cannot be formally bid due to the nature of the services being provided.

The implementation process is scheduled to be completed by November 1, 2024 when the city’s Tyler Technologies contract for Parks and Recreation Software services completes.

FINANCIAL IMPACT:

The purchase of new recreation software is included in the Fiscal Year 2024-2025 budget in the amount of $25,500. The CivicPlus draft services agreement includes $21,673.16 for a total CivcRec Software setup and year one implementation. The annual recurring services rate of $15,957.50 will be assessed for subsequent years. Staff is requesting that Council authorize the City Manager to execute the attached draft agreement with CivicPlus for an amount not to exceed $21,673.16.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open public comment

3. Close public comment

4. Motion to Authorize the City Manager to execute Agreement for Parks and Recreation Software with CivicPlus in an amount not to exceed $21,673.16 and find that it is in the best interest of the City to directly negotiate the contract rather than competitively solicit the work. Voice vote.

ATTACHMENTS:
 Draft License and Services Agreement from CivicPlus
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-66562-1
Date: 3/19/2024 5:43 PM
Expires On: 6/30/2024
Client:

City of Fortuna, CA
Bill To:

FORTUNA, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Dustin Flentie [email protected] Net 30
Discount(s)

QTY PRODUCT NAME DESCRIPTION

1.00 CivicRec Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount
One-time(s)

QTY PRODUCT NAME DESCRIPTION

1.00 CivicRec Premium Premium Package -Project Coordination -Branded Public Portal -Help Center Access -Access to Live Project Support -Named Implementation Consultant

4.00 CivicRec Virtual Training (Half
Day Block)
Training (Virtual) - half day, up to 4 hours

2.00 CivicRec Virtual Consulting (Half
Day Block)
Consulting (Virtual) - half day, up to 4 hours

1.00 CivicRec Pay Implementation -
Elavon Converge
Includes setting CivicPlus Pay configuration, configuring CivicPlus products for accepting payments, advanced troubleshooting with our partner's support.

Recurring Service(s)

QTY PRODUCT NAME DESCRIPTION

1.00 CivicRec Annual Fee CivicRec Annual Fee

1.00 AudioEye Enterprise AudioEye Enterprise
V. PD 06.01.2015-0048

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QTY PRODUCT NAME DESCRIPTION

1.00 Document Management Document Management Module: Enabled to allow customers to upload documents and staff to manage records.

1.00 CivicRec Pay Annual Fee -
Elavon Converge
CivicRec Pay Annual maintenance and support fee

QTY PRODUCT NAME DESCRIPTION

1.00 Recreation Management Pay -
Elavon Converge
Recreation Management Pay - Elavon Converge
List Price - Initial Term Total USD 28,173.16
Total Investment - Initial Term USD 21,673.16
Annual Recurring Services (Subject to Uplift) USD 15,957.50 Initial Term Starting at signing and ending 6/30/2025
to be prorated based on signature date.

Renewal term: 7/1
Initial Term Invoice Schedule 50% invoiced on signature date and 50% invoiced 6 months from signature date or
completion of implementation, if earlier
Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legalstuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

V. PD 06.01.2015-0048

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Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

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Fortuna City CouncilJune 25, 2024

Fortuna City Council
June 25, 2024