Fortuna City Council
August 23, 2024

Zoom Option: 1-669-900-9128 Meeting ID: 890 5872 4036 Password:
713591
We May Disagree, But We Will Be Respectful of One Another All Comments Will Be Directed to the Issue at Hand, and Addressed to the City Council Personal Attacks are Unacceptable
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
Interim City Manager Amy Nilsen
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 Special Meeting
Friday, August 23, 2024 at 9:00 am
items that are included on the agenda.

3. MATTERS SET FOR TIME CERTAIN & ADJOURN TO CLOSED SESSION a. 9:00 AM - CONFERENCE WITH LABOR NEGOTIATORS, City Negotiator: Interim City Manager Amy Nilsen, Employee Organization: Fortuna Police Employees Association in accordance with Section 54957.6 of the Government Code. b. 9:00 AM - CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Interim City Manager Amy Nilsen Unrepresented employee: Police Chief
c. 9:00 AM - PUBLIC EMPLOYMENT, pursuant Section 54957of the California Government Code. Title: City Manager

4. CONSENT
a. Approval of the July 1, 2024 to June 30, 2025 Memorandum of Understanding (MOU) Concerning Working Conditions, Wages and Benefits with the Fortuna Police Employee Association (FPEA)
Attachments:

Staff Report (4a._Adoption_of_MOU_for_FPEA_Staff_Report_SLE_EDITS.pdf) Attachment (4aa._FPEA_MOU_FY_2024-25_DRAFT.pdf)
b. Recommendation for Hiring Lateral Public Safety Dispatch Candidate at Step Three (3) Attachments:

Staff Report (4b._Approve_Dispatch_Candidate_Step.pdf)
Attachment (4ba._FY_2024-25_Pay_Scale.pdf)
c. Recommendation for Hiring Engineering Tech II Candidate at up to Step Four (4) Attachments:

Staff Report (4c._Assistant_Engineer_Salary_Step_Consent_SR_Draft.pdf) Attachment (4ca._Pay_Rate_Schedule.pdf)
d. Access Humboldt Service Agreement
Attachments:

Staff Report (4d._Access_Humboldt_Contract_Staff_Report.pdf) Attachment (4da._Further_Revised_FY_24-25_Access_Humboldt_Cable-Video_Servic es_Agreement.pdf)

5. 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 (707) 725- 7600. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

C
ontact: SianaL. Emmons, CityClerk([email protected](707)725-7600) | Agendapublishedon 08/21/2024at4:52PM
Consent Item 4a

STAFF REPORT
City Council Consent Item
DATE: August 23, 2024
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, Interim City Manager
SUBJECT: Approval of the July 1, 2024 to June 30, 2025 Memorandum of Understanding (MOU) Concerning Working Conditions, Wages and Benefits with the Fortuna Police Employee Association (FPEA)
STAFF RECOMMENDATION:

Staff is recommending the Council approve the MOU with the FPEA for the term, July 1, 2024 to June 30, 2025.

EXECUTIVE SUMMARY:

Staff is presenting the completed MOU between the City and the FPEA, for City Council approval.

The attached MOU incorporates the changes agreed upon between the City and the FPEA during recent negotiations. Below is a summary of the changes.  3% Cost of Living Adjustment (COLA)
 Increase Night Differential to $0.75 per hour
 5% Longevity threshold lowered to 5 years from 10 years  Added two floating holidays for Caesar Chavez and Juneteenth– (16.0 hours) as “use or lose” by the end of each fiscal year.
 Future lateral hires given vacation and longevity credit for time at POST agency  3% Incentive for Administrative Assistant III, Records Clerk and Community Services Officer to cross train as relief dispatch with minimum annual coverage requirements of 40 hours.
 Retention stipend for Sworn Officers of $7,500
 Retention stipend for Dispatchers of $4,000
 Retention stipend for non-sworn positions (Administrative Assistant III, Records Clerk and Community Services Officer, Police Officer Trainee) of $1,000

FISCAL IMPACT
All fiscal impacts associated with the terms of the MOU’s have been reviewed by Council during the negotiations process.

Approximately $9,600 will come from General Fund reserves and the remaining $14,400 will come from Water and Wastewater reserves.

Consent Item 4a

RECOMMENDED ACTION:

1. Receive staff report and review Council questions with staff

2. Consent Agenda vote
ATTACHMENTS:
 July 1, 2024 through June 30, 2025 Memorandum of Understanding with the FPEA
FPEA MOU FY 2024-25

Memorandum of Understanding
Between The City of Fortuna
and the
Fortuna Police Employees Association
April 1, 20242 through June 30, 20254
SECTION I: PREAMBLE ......................................................................................................................................5 SECTION II: RECOGNITION .................................................................................................................................5 SECTION III: SOLE AGREEMENT ...........................................................................................................................5 SECTION IV: CITY RIGHTS................................................................................................................................6 SECTION V: MINIMUM AGE ...............................................................................................................................7 SECTION VI: ASSOCIATION RIGHTS .................................................................................................................7

1. BULLETIN BOARDS................................................................................................................................................7

2. DUES DEDUCTION ................................................................................................................................................7 SECTION VII: CONTRACT GRIEVANCE PROCEDURE...........................................................................................8

1. GRIEVANCE PROCEDURE ........................................................................................................................................8 SECTION VIII: WAGES ..................................................................................................................................... 10

1. WAGE ADJUSTMENTS .........................................................................................................................................10

2. BI-WEEKLY PAYROLL...........................................................................................................................................10

3. LONGEVITY PAY .................................................................................................................................................10

4. NIGHT SHIFT DIFFERENTIAL ..................................................................................................................................11 SECTION IX: INSURANCE ................................................................................................................................... 11

1. HEALTH & WELFARE...........................................................................................................................................11

2. OPTING OUT OF MEDICAL COVERAGE ....................................................................................................................12

3. STATE DISABILITY PROGRAM AND PORAC LONG TERM DISABILITY PROGRAM...............................................................12 SECTION X: HOLIDAY BENEFITS AND PAID LEAVES ........................................................................................... 13

1. VACATION ........................................................................................................................................................13

2. ACCRUED VACATION/SICK LEAVE RECORDS.............................................................................................................13

3. ANNUAL VACATION BUYBACK PROGRAM................................................................................................................14

4. HOLIDAYS .........................................................................................................................................................14

5. SICK LEAVE .......................................................................................................................................................15

6. FAMILY SICK/BEREAVEMENT LEAVE .......................................................................................................................15

7. LATERAL HIRES ..................................................................................................................................................16 SECTION XI: HOURS OF WORK AND OVERTIME................................................................................................. 16

1. WORK PERIOD FOR SWORN PERSONNEL .................................................................................................................16

2. WORK PERIOD FOR MISCELLANEOUS PERSONNEL.....................................................................................................17 FPEA MOU FY 2024-25

3. FLSA 7(B) WORK PERIOD OVERTIME EXEMPTION....................................................................................................17

4. SCHEDULING .....................................................................................................................................................18

5. SENIORITY.........................................................................................................................................................19

6. OVERTIME DEFINITION........................................................................................................................................19

7. RATE OF OVERTIME............................................................................................................................................19

8. OVERTIME FOR COURT / MEETINGS / CALL BACK .....................................................................................................19

9. SHIFT TRADING..................................................................................................................................................20

10. ACCUMULATION OF COMPENSATORY TIME OFF (CTO).............................................................................................21 SECTION XII: OTHER PAY ............................................................................................................................... 21

1. UNIFORMS........................................................................................................................................................21

2. SAFETY EQUIPMENT............................................................................................................................................22

3. SPECIALTY ASSIGNMENTS.........................................................................................ERROR! BOOKMARK NOT DEFINED.

4. SERGEANT ASSIGNED TO SUPERVISE DISPATCH ........................................................................................................22

5. K-9 OFFICERS....................................................................................................................................................22

6. PROBLEM ORIENTED POLICING UNIT (POP) & DETECTIVE .........................................................................................23

7. DRUG TASK FORCE OFFICER .................................................................................................................................23

8. SCHOOL RESOURCES OFFICER ...............................................................................................................................23

9. OUT OF CLASSIFICATION DIFFERENTIAL PAY ............................................................................................................23

10. COMMUNICATIONS TRAINING DISPATCHER PAY .......................................................................................................23

11. CROSS TRAINING INCENTIVE PAY...........................................................................................................................23

12. ACHIEVEMENT INCENTIVES...................................................................................................................................24

13. RESIDENCY INCENTIVE .........................................................................................................................................24

14. BILINGUAL INCENTIVE .........................................................................................................................................24

15. EMPLOYEE USE OF PARK & RECREATION PROGRAMS ................................................................................................24

16. EDUCATION AND TRAINING REIMBURSEMENT..........................................................................................................25

17. PER DIEM AND REIMBURSEMENTS FOR TRAVEL........................................................................................................25

18. RETIREMENT SYSTEM ..........................................................................................................................................26 SECTION XIII: MISCELLANEOUS....................................................................................................................... 27

1. PERSONNEL EVALUATIONS ...................................................................................................................................27

2. CITIZEN COMPLAINTS ..........................................................................................................................................28

3. USE OF RESERVE OFFICERS...................................................................................................................................28

4. PERSONNEL RULES .............................................................................................................................................28

5. FAIR LABOR STANDARDS ACT ...............................................................................................................................28

6. LAYOFFS ...........................................................................................................................................................28

7. MAINTENANCE OF OPERATIONS............................................................................................................................29

8. NO STRIKE AND LOCKOUT ....................................................................................................................................29

9. WAIVER CLAUSE ................................................................................................................................................29

10. FULL UNDERSTANDING AND MODIFICATION............................................................................................................29

11. TERM OF AGREEMENT.........................................................................................................................................29

12. NOTIFICATION PROCEDURE ..................................................................................................................................30

13. SAVINGS CLAUSE................................................................................................................................................30 SECTION I: PREAMBLE ......................................................................................................................................4 SECTION II: RECOGNITION .................................................................................................................................4 SECTION III: SOLE AGREEMENT ...........................................................................................................................4 SECTION IV: CITY RIGHTS................................................................................................................................5 SECTION V: MINIMUM AGE ...............................................................................................................................6 FPEA MOU FY 2024-25

SECTION VI: ASSOCIATION RIGHTS .................................................................................................................6

1. BULLETIN BOARDS................................................................................................................................................6

2. DUES DEDUCTION ................................................................................................................................................6 SECTION VII: CONTRACT GRIEVANCE PROCEDURE...........................................................................................7

1. GRIEVANCE PROCEDURE ........................................................................................................................................7 SECTION VIII: WAGES .......................................................................................................................................9

1. WAGE ADJUSTMENTS ...........................................................................................................................................9

2. BI-WEEKLY PAYROLL.............................................................................................................................................9

3. LONGEVITY PAY ...................................................................................................................................................9

4. NIGHT SHIFT DIFFERENTIAL ..................................................................................................................................10 SECTION IX: INSURANCE ................................................................................................................................... 10

1. HEALTH & WELFARE...........................................................................................................................................10

2. OPTING OUT OF MEDICAL COVERAGE ....................................................................................................................11

3. STATE DISABILITY PROGRAM AND PORAC LONG TERM DISABILITY PROGRAM...............................................................11 SECTION X: HOLIDAY BENEFITS AND PAID LEAVES ........................................................................................... 12

1. VACATION ........................................................................................................................................................12

2. ACCRUED VACATION/SICK LEAVE RECORDS.............................................................................................................12

3. ANNUAL VACATION BUYBACK PROGRAM................................................................................................................12

4. HOLIDAYS .........................................................................................................................................................13

5. SICK LEAVE .......................................................................................................................................................13

6. FAMILY SICK/BEREAVEMENT LEAVE .......................................................................................................................14 SECTION XI: HOURS OF WORK AND OVERTIME................................................................................................. 15

1. WORK PERIOD FOR SWORN PERSONNEL .................................................................................................................15

2. WORK PERIOD FOR MISCELLANEOUS PERSONNEL.....................................................................................................15

3. FLSA 7(B) WORK PERIOD OVERTIME EXEMPTION....................................................................................................16

4. SCHEDULING .....................................................................................................................................................16

5. SENIORITY.........................................................................................................................................................17

6. OVERTIME DEFINITION........................................................................................................................................17

7. RATE OF OVERTIME............................................................................................................................................18

8. OVERTIME FOR COURT / MEETINGS / CALL BACK .....................................................................................................18

9. SHIFT TRADING..................................................................................................................................................19

10. ACCUMULATION OF COMPENSATORY TIME OFF (CTO).............................................................................................19 SECTION XII: OTHER PAY ............................................................................................................................... 20

1. UNIFORMS........................................................................................................................................................20

2. SAFETY EQUIPMENT............................................................................................................................................20

3. FIELD TRAINING OFFICERS....................................................................................................................................21

4. SERGEANT ASSIGNED TO SUPERVISE DISPATCH ........................................................................................................21

5. K-9 OFFICERS....................................................................................................................................................21

6. PROBLEM ORIENTED POLICING UNIT (POP) & DETECTIVE .........................................................................................21

7. DRUG TASK FORCE OFFICER .................................................................................................................................21

8. SCHOOL RESOURCES OFFICER ...............................................................................................................................21

9. ANIMAL EUTHANASIA .........................................................................................................................................22

10. OUT OF CLASSIFICATION DIFFERENTIAL PAY ............................................................................................................22

11. COMMUNICATIONS TRAINING DISPATCHER PAY .......................................................................................................22

12. ACHIEVEMENT INCENTIVES...................................................................................................................................22

13. RESIDENCY INCENTIVE .........................................................................................................................................23

14. BILINGUAL INCENTIVE .........................................................................................................................................23 FPEA MOU FY 2024-25

15. EMPLOYEE USE OF PARK & RECREATION PROGRAMS ................................................................................................23

16. EDUCATION AND TRAINING REIMBURSEMENT..........................................................................................................24

17. PER DIEM AND REIMBURSEMENTS FOR TRAVEL........................................................................................................24

18. RETIREMENT SYSTEM ..........................................................................................................................................24 SECTION XIII: MISCELLANEOUS....................................................................................................................... 25

1. PERSONNEL EVALUATIONS ...................................................................................................................................25

2. CITIZEN COMPLAINTS ..........................................................................................................................................26

3. USE OF RESERVE OFFICERS...................................................................................................................................26

4. PERSONNEL RULES .............................................................................................................................................26

5. FAIR LABOR STANDARDS ACT ...............................................................................................................................26

6. LAYOFFS ...........................................................................................................................................................26

7. MAINTENANCE OF OPERATIONS............................................................................................................................27

8. NO STRIKE AND LOCKOUT ....................................................................................................................................27

9. WAIVER CLAUSE ................................................................................................................................................27

10. FULL UNDERSTANDING AND MODIFICATION............................................................................................................27

11. TERM OF AGREEMENT.........................................................................................................................................28

12. NOTIFICATION PROCEDURE ..................................................................................................................................28

13. SAVINGS CLAUSE................................................................................................................................................28 FPEA MOU FY 2024-25

Section I: PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF FORTUNA , hereinafter referred to as the CITY, and FORTUNA POLICE EMPLOYEES ASSOCIATION, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious labor relations between the CITY and the ASSOCIATION, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work, and other conditions of employment.

Section II: RECOGNITION
The City hereby recognizes the ASSOCIATION as the exclusive bargaining representative for those employees in the Police Employees representation unit consisting of the classes below, and agrees to meet and confer and otherwise deal exclusively with the Association on all matters related to the scope of representation pertaining to said employees as authorized by law.

The City recognizes as represented by the Association, the following classes of full-time employees:

1. Police Dispatcher II

2. Community Service Officer II

3. Police Officer

4. Police Sergeant

5. Administrative Assistant III

6. Records Clerk

7. Police Officer Trainee (Non-Sworn)
Section III: SOLE AGREEMENT
A. This Agreement signed by the parties hereto, and approved by the City Council, supersedes all other Agreements between the parties on the items contained herein.

B. Neither party shall be obligated to meet and confer during the term of this Agreement on any matter contained within this Agreement. However, if during this term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the City Manager for the City and the Association, and when approved by the City Council. Any such changes validly made shall become a part of this Agreement and subject to its terms.

FPEA MOU FY 2024-25

C. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

Section IV: CITY RIGHTS
It is agreed that during the term hereof, the City shall not be required to meet and confer on matters, which are solely a function of management.

Except as otherwise specifically provided in this Agreement, the City has and retains the sole and exclusive rights and functions of management including, but not limited to, the following:

A. To determine the nature and extent of service to be performed, as well as the right to determine and implement its public function and responsibility.

B. To manage all facilities and operations of the City, including the methods, means, and personnel by which the City operations are to be conducted.

C. The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of, and the manner in which, the City's activities are conducted, managed, and administered, and the Association recognizes the exclusive right of the City to establish and maintain departmental rules and procedures for the administration of its departments.

D. The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.

E.To establish, modify, or change work schedules or standards.

F.To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employee.

G. To determine the location of all facilities.

H. To determine the layout and the machinery, equipment, or materials to be used.

I. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.

J. To determine the size and composition of the working force.

K. To determine policy and procedures affecting the selection or training of employees.

L.To establish, assess, and implement employee performance standards including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures of said assessment.

M. To control and determine the use and location of City's property, material, machinery, or equipment.

FPEA MOU FY 2024-25

N. To schedule the operation of and to determine the number and duration of shifts.

O. To determine safety, health, and property protection measures.

P.To transfer work from one job to another or from one unit to another.

Q. To introduce new, improved, or different methods of operations or to change existing methods.

R. To lay off employees from duty for reasons of economy or because the need for a position no longer exists.

S.To reprimand, suspend, discharge, or otherwise discipline employees.

T. To establish, modify, determine, or eliminate job classifications.

U. To disseminate, modify, and enforce work and safety rules and regulations that do not contradict a specific provision of this Agreement.

V. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.

W. To contract or subcontract construction, services, maintenance, distribution, or any other work with outside public or private entities.

Section V: MINIMUM AGE
The minimum age for a Police Officer shall be 21 years of age at time of hire. The minimum age for a Community Services Officer, Dispatcher and Records Clerk shall be 18 years of age at time of hire.

Section VI: ASSOCIATION RIGHTS

1. Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on bulletin boards maintained on City premises, for a period of up to two (2) weeks. The Association shall not post notices that contain profane, obscene, or offensive content, as determined by the City.

2. Dues Deduction
Upon formal acknowledgement by the City of a Recognized Employee Organization as defined in Resolution 2007-04, A Resolution of the City Council of the City of Fortuna Establishing Policies Governing Employer-Employee Relations, such Recognized Employee Organization may be provided payroll deductions of membership dues upon written authorization of the FPEA MOU FY 2024-25

individual employee on a form provided and maintained by the Association... The City shall make any such authorized employee deductions based on certification from the Association and provide reports of these transactions to the Association. The Association hereby agrees to indemnify, defend and hold harmless the City for any loss or damages, claims or causes of action arising from Association dues deductions pursuant to this agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. In the event that any provision of the section is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provision.

Section VII: CONTRACT GRIEVANCE PROCEDURE

1. Grievance Procedure
A. A grievance shall be considered as any matter for which appeal is not provided, or is prohibited, in the City of Fortuna Personnel Rules and Regulations, the Fortuna Municipal Code, or in this MOU concerning:

1. A claimed violation or non-compliance with the provisions of this MOU.

2. A dispute about the interpretation or application of any City ordinance, rule or regulation governing personnel practices or working conditions.

3. A dispute about the practical consequences of a City decision on hours and other terms and conditions of employment.

B. The following matters are specifically excluded from the grievance procedure:

1. All disciplinary actions (Refer to Rule XV Disciplinary Rules and Processes)

2. The content of performance evaluations

3. Layoff

4. Transfer

5. Denial of reinstatement

6. Denial of a pay increase. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation

7. Challenges to a reclassification, examination or appointment to position

8. Management of the City generally, or issues of City or Department policy FPEA MOU FY 2024-25

9. Determination of the nature, necessity or organization of any service or activity conducted by the City, including the decisions to expand or reduce services or the workforce, and/or to impose layoffs

10. Methods of financing

11. Determination of and/or change in facilities, equipment, methods, technology, means or size of the work force

12. Determination of or change in the location, number of locations, relocations and types of operations, processes or materials to be used in carrying out City functions

13. Determination of work assignments and schedules

14. Determination of productivity or performance programs and standards

15. Determination of standards, policies, and procedures for selection, training, and promotion of employees

16. Establishment, implementation, and modification of Department organizations, supervisory assignments, chains of command, and reporting responsibilities C. The following are the steps to be taken by any employee who has a grievance. It should be noted that any employee who has a problem or a complaint should try to resolve the problem at the lowest level of management. This should be done through discussion with the employee's immediate supervisor.

Step 1
(a) The employee shall explain the situation to the immediate supervisor who shall either alone or together with his or her supervisors reach a decision and communicate it to the employee in writing within ten (10) working days after receipt of the grievance.

Such discussion shall be initiated within ten (10) working days of the incident complained of, or within ten (10) working days from the date the employee should have reasonably become aware of the incident, or the grievance is deemed to have been waived.

Step 2
(a) If the grievance is not settled at the first step, or if the grievance directly concerns the employee’s immediate supervisor, the employee may submit to the Chief of Police the grievance in writing within ten (10) working days of the written response, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.
(b) The Chief of Police shall notify the employee in writing of his or her decision within ten (10) working days after receipt of the notice or grievance.

FPEA MOU FY 2024-25

Step 3
(a) If the grievance is not settled at the second step, the employee may within ten (10) working days of the written response submit the grievance in writing to the City Manager, or if no written response is provided, within ten (10) working days after the date on which the written response would otherwise be required.. (b) The City Manager shall notify the employee, the Chief of Police, and the employee's immediate supervisor in writing of his/her decision within ten (10) working days after receipt of notice of grievance. The City Manager’s decision is final and binding.

D. Failure of the employee to follow the procedure or time frames provided in the Grievance Procedure shall constitute grounds for dismissing the grievance.

Section VIII: WAGES

1. Wage Adjustments
During the term of this onetwo-year agreement, for all sworn Association employees currently employed by the City and scheduled for active patrol shifts as of July 1, 2024, except Police Sergeants the City offers a one-time retention stipend of $7,500 to be paid in one lump sum. For all Assocation dispatchers, the City offers a one-time retention stipend of $4,000 to paid in one lump sum. For all non-sworn Association members the City offers a one-time $1,000 retention incentive to be paid in one lump sum.12% In addition, the City offer all FPEA employees will receive a 3% increase to base pay as a Cost of Living Adjustment (COLA) Effective JulyApril 1, 20242). Police Sergeants will receive a 16% increase to base pay as a COLA effective April 1, 2022.

The FPEA may reopen negotiations on Section VIII, subsection 1. Wage Adjustment if the City of Fortuna Sales Tax (including Measure E TUT) exceeds $4.7 million for the fiscal year ending June 30, 2023.

2. Bi-Weekly Payroll
City employees shall be paid on a bi-weekly basis on Fridays.

3. Longevity Pay
Upon completion of five (5)10 years of continuous employment with the City of Fortuna, eligible employees shall receive an additional five percent (5%) of base wage as longevity pay. Those employees who already receive the 2% at 2 years retention pay will receive an additional 3% at 510 years for a total increase of 5%. Longevity pay and 2-year retention pay may not be stacked to provide payment of greater than 5% of base wage.

FPEA MOU FY 2024-25

Longevity pay will not be paid retroactively for work performed prior to July 1, 2024 for employees who have worked more than five years, but will be effective and paid as of July 1, 2024.
.

4. Night Shift Differential
For any employee who works a minimum of 4 scheduled hours between the hours of 7:00 pm and 7:00 am, excluding call outs, shall be paid an additional seventy-five (.75) fifty cents (.50) per hour, above regular hourly rate. If the employee worked any continuous hours prior to 7:00 pm or after 7:00 am and those hours are continuous to at least (4) four (4) hours worked after 7:00 pm or before 7:00 am, the employee shall be paid the additional fifty seventy-five cents (.750) per hour for all hours worked.

Section IX: INSURANCE

1. Health & Welfare
The City agrees to provide medical, dental, vision and life insurance for employees in the Police Employees representation unit.

A. For the term July 1, 20242 through June 30, 20252, for all employees in the Police Employees representation unit, the employee contribution towards medical, dental, vision, life insurance, and employee assistance program shall be as follows:
2024-2025 MONTHLY COSTS WITH $250 DEDUCTIBLE
Employee Employee +1 Employee +2
(or more)
Medical- Anthem/Blue Cross $1,075.00 $2,252.00 $3,215.00 Vision-VSP 18.20 18.20 18.20
Dental-Ameritas 56.84 96.20 143.20
Life (10,000) 1.65 1.65 1.65
Employee Assistance Program 2.84 2.84 2.84
TOTAL INSURANCE COSTS $1,154.53 $2,370.89 $3,380.89
Amount paid by City $993.29 $2,033.09 $2,898.65
Amount paid by Employees $161.24 $337.80 $482.24
A.B. Medical Premiums will be split between the City at 85% and the employee at 15%.

B.C. The City will provide a vision plan and a dental plan, through the Redwood Empire Municipal Insurance Fund (REMIF) for all represented employees. Vision and dental coverage are optional; however, if an employee declines the coverage the amount paid by the employee will stay the same.

FPEA MOU FY 2024-25

C.D. Life insurance is provided for full-time City employees under REMIF. The City contributes the premium for ten thousand dollars ($10,000) term life insurance per employee.

D.E. Cal Ore Life Flight benefits will be provided for FY 2024-25 for all full time benefitted employees and their household. through the REMIF plan; Eemployees that opt-out of medical coverage will also be provided Cal Ore Life Flight benefits at no additional cost.

E.F. The City offers an employee assistance program that offers 24/7 counseling, nursing, legal, and financial assistance for employees. The City pays this benefit in full for all full time employees.

F.G. The City will provide access to Aflac supplemental insurance options to all City employees. Premiums for supplemental insurance are to be paid by the employee and may be set up on a “pre-tax” payment schedule.

2. Opting Out of Medical Coverage
A. Under the following circumstances, an employee may decline medical coverage, and receive a stipend for opting out of coverage provided the following conditions are met:

1. The medical insurance plan must allow a full time employee to decline coverage, and the employee can meet all requirements for opting out of coverage.

2. The employee must provide written proof of other coverage.

3. All local, federal and state laws must be observed, as well as conditions of any contract into which the City has entered, or will enter; particularly the Section 125 plan the City has in place.

B. This MOU provides for employees to opt out of the medical insurance coverage and receive $500.00 per month. In order to exercise this option, an employee must provide evidence of other insurance coverage provided by a member of his/her immediate family.

If an employee does opt out, he/she will not be eligible to come back into the City plan until the next open enrollment period, or in the case of a qualifying event as stated in the medical insurance contract.

C. If an employee chooses to “opt out” of the medical coverage, the employee will still have the option to be covered for Vision and Dental only. The cost to the employee would be the minimum monthly contribution rate of $50 single/$75 Employee +1/$100 Employee +2, respectively for both, as a package. The employee share for the Vision/Dental package will be deducted from the employee’s bi-weekly paycheck twice a month split in equal amounts if the employee chooses this option.

3. State Disability Program and PORAC Long Term Disability Program FPEA MOU FY 2024-25

All employees covered by this MOU are required to enroll for State Disability Insurance (S.D.I.) benefits. S.D.I. benefits shall be integrated with sick leave benefits. S.D.I. premiums are to be paid by the employee.

All employees covered by this MOU may choose to participate in the PORAC Long Term Disability Program. Premiums are to be paid by the employee. PORAC benefits shall be integrated with sick leave.

SDI benefit as determined by the State will be applied first. Long Term Disability benefits, if applicable, will be applied second. Accrued sick leave, vacation, and approved personal leave will then be applied in a proportionate amount which, when added to SDI, will provide compensation equal to the employee’s regular wage or wage. Under no circumstances will an employee be permitted to aggregate SDI, PORAC or other benefits in an amount exceeding the employee’s regular wage or wage.

Section X: HOLIDAY BENEFITS AND PAID LEAVES

1. Vacation
The vacation schedule for all employees represented by the Association shall be as follows:

Full Years of Service
Completed by Employee
Vaction Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Vacation leave may be taken as it accrues, after one year of employment. The date of vacation leave may be selected by the employee on a seniority basis, and must be approved by the Chief of Police. Each employee in the FPEA shall be granted at least ten (10) days of vacation per calendar year if the employee has vacation time accrued.

An employee who becomes ill or has a family medical emergency during his or her scheduled vacation may elect to use sick leave or family sick leave in lieu of vacation time, provided the Chief of Police is notified at the beginning of the illness, injury or emergency and at the end of the illness, injury or emergency and, provided further, the employee, upon return from vacation, furnishes the Chief of Police with a certificate from a medical doctor stating the nature and extent of the employee's illness or injury or family members emergency during his or her vacation.

2. Accrued Vacation/Sick Leave Records
The City will provide each employee on a bi-weekly basis a record of accrued vacation and sick leave which the employee has earned. Vacation may be accumulated up to an amount equal to an employee's allowable vacation credits for two (2) years. Once an employee has reached the maximum accumulation limit for vacation leave, the employee will cease accruing additional vacation benefits until the employee has used a portion of his or her accrued vacation and reduces his or her balance below the maximum accumulation limit. Thereafter, vacation benefits will FPEA MOU FY 2024-25

again begin to accrue, on a prospective basis only, until the employee again reaches the maximum accumulation limit.

3. Annual Vacation Buyback Program
On an annual basis, the City agrees to allow those employees covered by this MOU to sell up to 90% of vacation hours accrued in one fiscal year. The minimum leave time that may be subject to the buyback is eight (8) hours. Vacation time may be sold back two times each fiscal year up to a maximum of 90% of what the employee accrues in a fiscal year. In order to participate in this program, the employee must return a form approved by management that is dated and signed.

Payment will be made at the regular pay rate as of the date the form is submitted to the Finance Department. Vacation time paid pursuant to this provision shall be subtracted from the employee’s accumulated vacation time balance. Upon separation, all unused accrued vacation leave shall be paid to the employee at his or her rate of pay.

4. Holidays
A. The City agrees to pay all full-time regular employees in the Police Employees representation unit for twelve (12) holidays per year, in lieu of a day off. Recognized holidays are: New Year's Day, the day observed as President’s Day, Memorial Day, Independence Day, Admission Day, Labor Day, Columbus Day, Veterans Day, Martin Luther King Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day and any other day proclaimed by the Fortuna City Council as a public holiday, day of mourning or day of thanksgiving. Employees shall receive eight (8) hours of pay for a holiday.

A. In addion to the 12 paid holidays referenced above, in lieu of providing paid holidays on Ceasar Chavez and Juneteenth, the City agrees to provide two (2) floating holidays for those employees covered by this MOU. Floating holidays will be accrued at the time the actual holidays occur. Floating holidays may be accrued but must be taken by the end of the fiscal year.

B. All holidays will be paid at a rate of eight (8) hours of straight time in the pay period in which the holiday occurs or, at the employee's option, the holiday may be accrued as eight (8) hours of compensatory time off in lieu of pay. Such compensatory time off may be accrued up to one hundred sixty (160) hours to be taken at a later time as requested by the employee and approved by the Chief of Police as provided in Paragraph 29 of this MOU. rate of pay
C. Employees may choose to receive all twelve days of holiday pay at one time on the first payday in December of each year for the holidays accrued during the preceding holiday year. The holiday year in this option starts with Christmas day and ends with the day after Thanksgiving. Once an employee elects to participate in this option, he/she must stay in the program for the entire holiday year. The payroll department must be notified in writing each year by December 25 if an employee wishes to participate in this option.

FPEA MOU FY 2024-25

5. Sick Leave
Sick leave is a benefit that should be used only when it is necessary. The accrual rate for sick leave is 8 hours for each calendar month of service.

A.B. Sick leave shall not be considered a privilege, which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. Sick leave may be used, with prior department head approval, for dental, eye, and doctor appointments.

B.C. Employees who have accumulated four hundred eighty (480) or more hours of sick leave may on an annual basis convert any sick leave accumulated over four hundred eighty (480) hours to a payment at twenty-five percent (25%) of the value of said sick leave time over four hundred eighty (480) hours.

C.D. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to, or within thirty (30) minutes after the time set for beginning his or her daily duties, or as may be otherwise specified by the employee's department head. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay and may result in disciplinary action.

6. Family Sick/Bereavement leave
A. An employee may be granted up to forty eight (48) hours per fiscal year for family sick leave with pay, per California Labor Code Section 233. Family sick leave is applicable when the employee's presence is necessary to provide or arrange proper care for the employee’s ill child or an ill member of the employee's immediate family or immediate household. For family sick leave purposes, immediate family member shall include spouse, legally registered domestic partner, parents, children and other close relatives, with the approval of the Department Head. Misuse of family sick leave privileges is grounds for disciplinary action.

Family sick must be taken in not less than quarter hour increments.

B. An employee in the FPEA may be granted up to forty (40) hours bereavement leave with pay for each covered death. Bereavement leave is applicable when death occurs in the employee's immediate family. Such family shall include spouse, leagally registered legally legally registered domestic partner, parents, children, stepchildren, children of a legally registered legally legally registered domestic partner, grandparent, grandchild, brother, sister, mother/father-in-law, parent of a legally registered legally legally registered domestic partner, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or other person as approved by the Personnel Officer. Misuse of bereavement leave privileges is grounds for disciplinary action. The City Manager shall approve bereavement leave.

FPEA MOU FY 2024-25

C. For purposes of this section, legally legally registered domestic partner means an individual as defined in Family Code section 297 et seq.

7. Lateral Hires
This section outlines the terms under which future lateral hires will be granted credit for vacation and longevity based on their previous service with a POST (Peace Officer Standards and Training) agency.
 Lateral Hire: An individual who is hired by The City of Fortuna after serving in a similar role with another POST-certified agency.
 Vacation Credit: The amount of paid time off granted to an employee based on their previous service time.
 Longevity Credit: Recognition of an employee's length of service at previous POST agencies for the purpose of salary progression and other benefits.

Lateral hires shall receive vacation credit per the City’s vacation schedule below.

Full Years of Service
Completed by Employee
Vaction Earned
1 through 5 years 80 Hours annually
6 through 10 years 120 Hour annually
11 years and Over 160 Hours annually
Lateral hires shall receive longevity credit commensurate with the total number of years in service with the lateral agency. Upon completion of five (5) years of continuous employment with a lateral agency, eligible employees shall receive five percent (5%) of base wage as longevity pay. Longevity pay may not be stacked to provide payment of greater than 5% of base wage.

Section XI: HOURS OF WORK AND OVERTIME

1. Work Period for Sworn Personnel
The City and the Association agree to an FLSA (7k) 14 day work period. For the term of this MOU, all employees represented by the FPEA, the normal work period shall consist of eighty (80) hours worked within fourteen (14) consecutive days beginning at 12:00 a.m. Sunday and ending 11:59 p.m. on the second successive Saturday. The "work period" and "pay period" shall coincide. For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.

In this work period, the normal work schedule shall consist of one or more of the following, as determined by the Chief of Police and the City Manager:
4-10 Plan – Four (4) consecutive days of ten (10) hour shifts followed by three consecutive days off.

FPEA MOU FY 2024-25

3-12 Plan – Seven (7) workdays in a fourteen (14) day pay period, consisting of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift. One (1) week shall consist of (4) successive workdays.

For employees assigned to the School Resource Officer Position:
5-8 Plan – Five (5) workdays of eight (8) hour shifts in a workweek. One (1) week shall consist of five (5) consecutive workdays.

Scheduling adjustments may be made to an employee's days off schedule to accommodate his/her attendance at an external training session. The total number of days off in the month will not be reduced and the employee shall not work more than seven (7) consecutive days without a day off when the employee’s shift is adjusted for an external training session.

Scheduling adjustments may also be made to accommodate extended investigations, court assignments or major incidents, more than one (1) workweek in length.

2. Work Period for Miscellaneous Personnel
For purposes of the Fair Labor Standards Act (FLSA) the work period for miscellaneous employees shall be seven consecutive (7) days and shall consist of no more than forty (40) hours in said work period at non-overtime rate of pay. The normal work period shall begin at 12:00 a.m. Sunday and ending 11:59 p.m. on the successive Saturday, or as otherwise designated for employees on a flexible or modified schedule. For a shift that begins on one day and ends on the following day, the “work day” shall be the day the shift began.

3. FLSA 7(b) Work Period Overtime Exemption
In furtherance of modifying the standard workday and workweek to provide for the outlined options, the Fortuna Police Employees Association petitioned and received certification under Section 7(b) of the Fair Labor Standards Act of 1938.

As such, the City and Fortuna Police Employees Association (representing all Police Dispatchers) wish to modify shifts of the Police Dispatchers. Beginning April 1, 2002 shifts for Dispatchers will include the standard shift, the 4-10 shift or 12 hour shift as previously outlined and as scheduled by the Police Chief.

The following work-period options for miscellaneous employees were added in 2002 under the provisions of the Fair Labor Standards Act of 1938, section 7(b):

The Fortuna Police Employees Association, representing Police Dispatchers, desire to amend the work day and work week for miscellaneous employees to include other options from the existing standard work day of 8 hours and a standard hour work week of 40 hours to also include, with the concurrence of the City the following two options:
a.) 4-10 shift; four days per week, 10 hours days, and
FPEA MOU FY 2024-25

b.) 12 hour shift; three 12-hour days, one week with three 12-hour days and an 8 hours day the following week.

For purposes of the FLSA the work period for miscellaneous police employees working under the 52 week 7(b) exemption, shall be fourteen (14) days and shall consist of no more than eighty (80) hours within said work period at non-overtime rate of pay.

Under this agreement, overtime is defined as time worked in excess of the scheduled workday or time worked on a scheduled day off. In all events, time worked in excess of the hours specified above for a work period under the FLSA shall be overtime.

4. Scheduling
A. One (1) Police Sergeant, one (1) Police Officer, one (1) Dispatcher assigned to a relief position shall be scheduled to work a modified one hundred and sixty (160) hours in two (2) pay periods. Sergeant, Officer and Dispatcher assigned to relief positions may be scheduled to work an eight (8) hour, ten (10) hour or twelve (12) hour shift, or other modified shift hours to be determined by the scheduling supervisor with approval by the Chief of Police, and may or may not work successive days and/or enjoy successive days off, but shall not work more than eight (8) consecutive days without a day off. Sergeants and Officers will not be assigned as relief position more than once every twelve (12) months unless voluntarily or in the case of an emergency.

B. If at any time Department staffing drops below a sufficient level of non-grant funded Police Officers (including trainees) as determined by the Chief of Police and the City Manager, the City shall have the option of immediately discontinuing the 4-10 and/or the 3-12 schedules and or create a new schedule until such time as staffing rises to a sufficient level of Police Officers and/or dispatchers.

C. When an employee represented by the Association works a split shift (for example 7:00 p.m. to 3:00 a.m.), said employee will not be paid overtime if he or she has been given no less than eight (8) hours off duty before returning to another scheduled work shift. The City agrees that such scheduling will not occur twice in any three shifts to create a double, double back.

D. An employee in the field training program or community services officer or dispatch in an initial training program may be assigned to work other than a regular work week in order to allow him/her to work different shifts with different trainers as a part of his/her training program. The employee in the training program should be scheduled to work eighty (80) hours in a pay period when determined feasible by the Chief of Police. The employee in the training program shall be scheduled to work one hundred and sixty (160) hours in two (2) pay periods. The employee in the training program may be scheduled to work an eight (8) hour, ten (10) hour or twelve (12) hour shift, or other modified shift hours to be determined by the scheduling supervisor with approval by the Chief of Police and may or may not work successive days and/or enjoy successive days off, but shall not work more than eight (8) consecutive days without a day off.

FPEA MOU FY 2024-25

E. Shift rotation will occur in the months of January, April, July, and October at the start of a work period. The applicable work period will be determined by the Chief of Police and the scheduling supervisor to be the least disruptive, ensure police coverage of services and provide uninterrupted 80-hour work periods. Shift change may require an employee to work more than five (5) consecutive days because of changes in scheduled days off.

F. Additionally during the Shift Rotation process when an employee rotates from a night shift to an immediate day shift, a day off must be initiated as the employee cannot work 24 hours straight. The employees affected by this rotation would not meet their 80 hour work period so in order to resolve this, the scheduling supervisor will determine and will make scheduling adjustments to insure the employee will work 80 hours in the work period. This can be accomplished by adjusting work hours or by providing the employee the day off and an alternative day, which will meet the Department’s needs, will be selected from the employee’s days off during the same work period. If the scheduling supervisor determines there is adequate shift coverage then the affected employee may be offered the opportunity to utilize compensatory time or vacation time to fulfill the 80 hours in the work period.

5. Seniority
For purposes of scheduling seniority will be determined by time in a job class with the City, not time employed by the City.

6. Overtime Definition
The City and Association agree to the establishment of an FLSA 7(k) overtime exemption with a 14 day work period.

Overtime will be calculated as hours worked (including vacation time, sick leave, compensatory time off, holidays, and administrative leave) in excess of eighty (80) hours within a pay period of fourteen (14) consecutive days for all employees represented by the Fortuna Police Employees Association.

7. Rate Of Overtime
Unless otherwise specified overtime shall be paid at the rate of one and one-half (1-1/2) times the employee's rate of pay. This will be shown as “T-1/2”. The employee shall have the choice of taking overtime paid out in a paycheck or compensatory time off, unless specified differently in the following provisions.

For all positions represented by the Association, for the purpose of overtime calculations, the base rate will include incentive pay, longevity pay, and special assignment pay as applicable.

8. Overtime for Court / Meetings / Call Back
A. General provisions applicable to court time:

FPEA MOU FY 2024-25

Employees required to appear at Court during off duty hours will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay unless the court appearance is held contiguous to the employee’s regular shift, then it will be paid as actual time worked.

All meetings with the District Attorney's Office shall be considered court time.

Definition of “contiguous to the employee’s regular shift " shall be any court appearance or required training/meeting scheduled within one (1) hour of the end or beginning of the employee’s shift.

B. Employees covered by this MOU will not be allowed to come in to work on a scheduled day off or while on paid leave if it would incur overtime, unless approved by the Police Chief or his designee.

C. Employees who attend the Semi-Annual Department meetings held in July and December, during off duty hours, will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay.

D. Management Employees (Sergeants) who must attend the monthly management meetings during off duty hours will receive a minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay unless the meeting is held contiguous to the employee’s regular shift, then it will be paid as actual time worked.

E.All Additional Staff Meetings, Training (including monthly K-9 training) or Range resulting in overtime will be calculated on actual hours worked at the rate of one and onehalf (1.5) times the employee's rate of pay thereafter. No Minimum.

F. Sworn Employees:

Call Back to Duty: minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay for safety officers called back to actual police duty (as defined as actual Law enforcement activities in the FLSA, 29 CFR 553.211(a) ). There shall be no minimum call back compensation if such time is scheduled contiguous to the employee’s regular shift, then it will be paid as actual time worked.

G. Non-Sworn Employees:

Call back to Work: minimum of four (4) hours pay at the rate of one and one-half (1.5) times the employee's rate of pay for miscellaneous employees represented by the Association. There shall be no minimum call back compensation if such time is scheduled contiguous to the employee’s regular shift, then it will be paid as actual time worked.

9. Shift Trading
Employees may trade shifts if:

FPEA MOU FY 2024-25

a. The trading of time is done voluntarily by the employees participating in the program.
b. The shift supervisor and the Lieutenant approves the trade. c. The period during which time is traded and paid back shall not exceed thirty (30) days.
d. As allowed by FLSA and notwithstanding any other provision of this section, any overtime hours that result from an employee's requested shift trade shall not be considered “overtime” for purposes of overtime compensation.

10.Accumulation Of Compensatory Time Off (CTO)
A. All overtime worked shall, at the option of the employee, be either paid out in a paycheck at one and one-half (1.5) times the employee's rate of pay or shall be accumulated as compensatory time off at the rate of one and one-half (1.5) times each overtime hour worked up to a maximum of one hundred sixty (160) hours to be taken off at a later time as designated by the employee, with the approval of the Chief of Police or his designee; B. Any employee who exceeds the CTO cap will automatically receive payment of any overage on the next regular payday. Employees who are at or above the cap at the time this agreement is adopted will be allowed to maintain all accumulated compensatory time, but will not accrue additional time until they fall below the cap.

C. An employee who has accrued compensatory time off shall be permitted by his/her supervisor to use such compensatory time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the City as determined by the Chief of Police or his/her designee. Compensatory time off shall be taken in quarter-hour increments.

D. Per 29 C.F.R 553.21, upon separation of employment with the City, the employee shall be paid for the unused time at a rate of compensation not less than: (1) the average regular rate received by such employee during the last three (3) years of employee's employment; or (2) the final regular rate received by such employee, whichever is higher.

E. Banked CTO time may be sold back once each quarter up to a maximum of 160 hours on the next regular payday provided the request is made at least one (1) week prior to such payday.

Section XII: OTHER PAY

1. Uniforms
The City agrees to pay an annual uniform allowance to Police Employees representation unit employees as follows:

FPEA MOU FY 2024-25

Police Officers and Sergeants $1,000 per year for term of agreement Community Service Officer II* $1,000 per year for term of agreement Police Dispatcher II $600 per year for term of agreement Records Clerk $600 per year for term of agreement
Administrative Assistant III $600 per year for term of agreement The uniform allowance shall be made in two payments, semi-annually, by January 15 and July 15 of each year. The allowance is for the purchase, repair and maintenance of required uniform items not provided by the City.

The City agrees to purchase uniforms for employees at the time of hire in lieu of paying the first year’s uniform allowance.

2. Safety Equipment
The allowable amount to be loaned for equipment purchases will be $500. When available, grant funds and COPS money will be used to purchase protective armor vests for officers and sergeants. Since the City of Fortuna provides protective body armor vests for all sworn Officers, all Officers are required to wear their protective vests while working in full uniform during their regular duty patrol shift, unless specifically exempted by the Chief of Police.

3. Field Training Officers
The City agrees to pay an extra five percent (5%) wage adjustment to Field Training Officers as specifically assigned by the Chief of Police. There may be up to three (3) assigned FTOs at any given time.

4. Sergeant Assigned to Supervise Dispatch
The City agrees to pay $3,250 per year (added to base rate) to a Sergeant to supervise dispatch as specifically assigned by the Chief of Police.

5. K-9 Officers
The City will pay the K-9 Officer a $6,000 annual stipend paid out proportionately per paycheck each Fiscal Year.

Pursuant to 29 Code of Federal Regulations Section 778.419, the City and FPEA understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings.

FPEA MOU FY 2024-25

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties.

Required K-9 training outside of a regularly scheduled workday shall be paid at T-1/2 of the officer’s rate of pay. Food, paid grooming, and veterinary expenses to be reimbursed.

Assignment of this position is at the discretion of the Police Chief.

6. Problem Oriented Policing Unit (POP) & Detective
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the POP Officer and Detective positions.

7. Drug Task Force Officer
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the Humboldt County Drug Task Force provided the salary for the position is funded by a Humboldt County tax measure.

8. School Resources Officer
The City agrees to pay a 5% incentive (added to base wage) for officers assigned to the School Resources Officer provided the salary for the position is funded by a Humboldt County tax measure.

9. Out of Classification Differential Pay
Upon specific written assignment by the Chief of Police or a designee, an employee may be required, subject to employee agreement, to perform the duties in a job classification for which the rate of pay is greater than the employee's rate of pay. An employee so assigned for more than five (5) consecutive days shall receive an additional five percent (5%) of his or her base wage for all hours worked in such assignment. An employee so assigned shall not suffer any loss of benefits due to such assignment. Time worked in a higher rank shall not be credited toward the completion of probationary requirements in the higher rank.

10.Communications Training Dispatcher Pay
The City agrees to pay dispatchers 5% of base pay as an incentive for hours worked while training new dispatchers when specifically assigned by the Chief of Police.

11.Cross Training Incentive Pay
The City agrees to pay the Administrative Assistant III, Records Clerk and Community Services Officer 3% of base pay as an incentive to obtain certification to dispatch to provide relief shifts FPEA MOU FY 2024-25

when required. To qualify for the incentive, the employee must be scheduled a minium annual dispatch coverage of 40 hours.

11.12. Achievement Incentives
Certain members of the Association are eligible for incentives. Effective July 1, 2013, employees represented by the Association may have added to their base wage additional pay according to the following schedule:
, or
Intermediate POST Advanced POST Supervisory POST
Police Officer $3,300/year, or $6,600/year
Sergeant $3,950/year, or $7,900/year $2,800/year
Police Dispatcher II $900/year, or $1,800/year
Employees must provide proof of successful attainment of certificates in order to qualify for incentive pay (other than retention incentive).

If an Officer promotes to Sergeant, the incentives will be pro-rated to reflect the portion of the year spent in each position.

To remain eligible for said incentive pay an employee must maintain satisfactory job performance as determined by the Chief of Police. To qualify for the above incentive pay, Police Officers and Sergeants shall have incentive pay recommended by the Chief and approved by the City Manager.

12.13. Residency Incentive
As an incentive for employees to live within or near the city limits of the City of Fortuna, all Fortuna Police Employees representation unit employees who reside within 20 miles of the city limits of the City of Fortuna shall receive $50.00 per month as additional compensation.

13.14. Bilingual Incentive
City agrees to pay $100/month for employees that meet minimum standards for a second language (approved by City Manager and Police Chief) with proper certification/verification.

Any costs incurred related to obtaining the Bilingual incentive including but not limited to travel, training and test materials shall be the employees responsibility.

14.15. Employee Use of Park & Recreation Programs
A. The following programs are offered to City Employees free of charge:
 President's Week – 4 days
 Spring Break – 5 days
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 Summer Fun/Kidde Kamp – 10 weeks
Thanksgiving Week – 3 days
Winter Break – up to 8 days
 Public Skating at the Firemen’s Pavilion in Rohner Park Youth Basketball
Basketball Camp
B. Children of employees of the City of Fortuna may attend the summer and holiday programs the Parks & Recreation Department offer free of charge. Employee’s must enroll their Children during the designated employee enrollment period, which will open to employees prior to the enrollment period for the general public. If employee’s enroll their children after the designated employee enrollment period, the employeee’s children may be subject a waitlist while employees are working between the program hours of 7:30 a.m. – 5:30pm.

C. Children are able to attend these programs only if the City employee is working. The exception will be for Police Department employees who work the graveyard shift; their children may attend the program during hours following their shift.

D. If the employee has taken the day off regular fees will apply E.The following programs are offered to City Employees at half price:
Youth Basketball
Basketball Camp

15.16. Education and Training Reimbursement
A. As an incentive to employee education and training, the City will reimburse employees one time for successful completion of certain coursework and exams related to their employment with the City. Reimbursements must be pre-approved by the Department Head and City Manager, and reimbursement will be given following the satisfactory completion of the course and/or exam. Books and reusable materials will become the property of the City and will be made available for use by other employees.

B. In order to assist employees who may not be financially able to bear the costs while waiting for reimbursement, the City Manager may approve an employee’s written request to prepay costs associated with approved education and training. These costs will be paid only one time per class, test, or related education and training, regardless of whether the employee passes or fails. If any employee does not pass, the cost for any subsequent attempts for the same class, test or related education and training will be paid by the employee.

16.17. Per Diem and Reimbursements for Travel
FPEA MOU FY 2024-25

A. Per the City’s adopted Travel Policy, prior to travel  Non-elected or appointed City employees must obtain approval from an authorized Department Head or City Manager in advance of travel for City business.
 The City’s Travel Authorization Form must be used to obtain and document approval of each trip prior to travel. The Travel Authorization form is required to approve and document estimated expenses and reimbursements associated with travel.
 The City will pay for an employee’s meals for business travel, including tax, and tips at the per diem rate established by the General Services Administration (GSA) for the area in which travel occurs.  Receipts are not required to request per diem. Reimbursement should be requested by use of a Travel Request form prior to departure but can be submitted after the fact. If submitted after the fact, the employee will have to use their own out of pocket funds for meal expenses and will be reimbursed in the next regularly scheduled check run.

B. There will be no meal reimbursements or stipends, including local training, outside of the current adopted Travel Policy.

17.18. Retirement System
Non-sworn employees (PERS Local Miscellaneous Members) Retirement Formulas:

A. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2%@62 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. For the 2% @ 62 formulas the employee contribution is paid by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.

B. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 2%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The employee pays the 7% employee contribution.

C. If employed prior to March 1, 2012, employee shall receive the 2.7%@55 (Full) PERS retirement formula, with the final compensation defined as the single highest year. The employee pays the 8% employee contribution.

Sworn Employees (PERS Local Safety Members) Retirement Formulas:

A. If employed on or after January 1, 2013, AND a “New” PERS member (New member as defined by PERS), employee shall receive the 2.7%@57 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. For the 2.7 % @ 57 formulas the employee contribution is paid FPEA MOU FY 2024-25

by the employee and will change each fiscal year to be at least 50% of the normal cost rate as determined by PERS.

B. If employed on or after March 1, 2012, AND a “Classic” PERS member (Classic member as defined by PERS), employee shall receive the 3%@55 (Modified) PERS retirement formula, with final compensation defined as the 36 highest paid consecutive months. The employee pays the 9% employee contribution.

C. If employed prior to June 24, 2012, employee shall receive the 3%@50 (Modified) PERS retirement formula, with the final compensation defined as the single highest year. The employee pays the 9% employee contribution.

D. The City agrees to provide PERS "1959 Survivor Benefits, Third Level" for represented safety employees. Safety employees shall pay for this benefit.

Section XIII: MISCELLANEOUS

1. Personnel Evaluations
A. For probationary employees, a performance evaluation is required, at a minimum, every six months.

B. Permanent employees shall be evaluated annually from the anniversary date of original hiring or current position.

C. If an employee does not agree with an evaluation, the employee may prepare a written response to the evaluation, which shall be kept in the employee’s personnel file with the contested evaluation. The employee also may request a meeting with the City Manager to discuss the evaluation.

D. A special employee performance evaluation may be done at any time to recognize exceptional, marginally acceptable, or unacceptable performance but would not be attached to a pay increase.

FPEA MOU FY 2024-25

2. Citizen Complaints
The City and the Association agree that it is in the interest of the City, the citizens of Fortuna and the members of the Association that citizens' complaints be investigated promptly and resolved as quickly as possible. The following procedures will be used in handling citizen complaints:

A. Except in cases of emergency, whenever requested by the officer under investigation and prior to any interrogation based on a citizen's complaint that may lead to punitive action, the officer shall be provided with a statement, in writing, containing the nature and circumstances of the complaint.

B. Findings will be made on any citizen's complaint within one hundred twenty (120) days of the date the complaint is received and the Chief of Police will take such actions as are within his power within said one hundred twenty (120) days.

3. Use of Reserve Officers
In order to compensate for staffing deficiencies, the Chief of Police may assign Level One Reserve Officers to work paid shifts. Such assignments will not replace permanent positions. The Reserve Officers will perform basic police officer functions to assist and supplement existing patrol staff.

4. Personnel Rules
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups (Government Code Section 3300 and following), before amending or creating new personnel rules.

5. Fair Labor Standards Act
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.

6. Layoffs
Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the City Council may abolish a position in the classified service. Employees laid off or demoted under the provisions of this section shall be given at least two (2) weeks prior written notice.

In those cases wherein a classified employee is demoted in lieu of layoff, the employee who is placed in a lower job classification will be placed at the wage step representing the least loss in pay.

FPEA MOU FY 2024-25

7. Maintenance of Operations
Both the City and the Association recognize that the need for continuous and uninterrupted operation of the City and the Police Department is of paramount importance. Therefore, the Association agrees that neither the Association nor any person acting officially on its behalf will cause, authorize, engage in, encourage or sanction a work stoppage, slow-down or picketing except for information picketing; nor will any employee represented by the Association engage in a concerted or collective action to withhold his or her services through the use of sick leave. It is further understood that if the City Manager has reason to believe a concerted action on the part of members of the Association to withhold their services through the use of sick leave is occurring he may request any employee absent from work on sick leave to provide a certificate from a licensed medical doctor stating the nature of the employee's illness and the need for his absence from work. Failure of any employee to satisfactorily provide such certificate will be grounds for disciplinary actions, including dismissal.

8. No Strike and Lockout
During the term of this agreement, the City agrees that it will not lock out employees; and the Association, despite any sanctions or instructions by the Association, agrees that they will not engage in, encourage, or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this agreement, recognizing, with the City, that all matters of controversy within the scope of this agreement shall be settled by established grievance procedures.

9. Waiver Clause
City and Association agree that, for the life of this agreement, each voluntarily and without qualification waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter pertaining to or covered by this agreement, notwithstanding any other provisions of law to the contrary.

10.Full Understanding and Modification
This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters, are hereby superseded or terminated in their entirety. Both the Association and the City must agree to any modification or amendment to this MOU in writing.

11.Term of Agreement
This agreement shall be effective from July April 1, 20242 and shall continue in effect through June 30, 20254.

FPEA MOU FY 2024-25

12.Notification Procedure
The Association will notify the City by November 15, 20243 of its intent to open contract meet and confer sessions for the following fiscal year. Absent notification, the existing Agreement will remain in effect until June 30, 20254. The City may reopen contract meeting and conferring if necessary.

13.Savings Clause
If any section or subsection of this Agreement should be found invalid, unlawful or unenforceable because of any existing or subsequently enacted legislation or by judicial authority, all other sections or subsections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any section or subsection of this Agreement, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring over said section or subsection.

City of Fortuna Fortuna Police Employees
Association
Amy Nilsen,
Interim City Manager,
Chief Labor Negotiator
Date Dennis Stevens, President Date
Siana L. Emmons
CityClerk/HR Directorr
Date
Consent Item 4b

STAFF REPORT
City Council Consent Item
DATE: August 23, 2024
TO: Honorable Mayor and Council Members
FROM: Casey Day, Chief of Police
THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Recommendation for Hiring Lateral Public Safety Dispatch Candidate at Step Three (3)
STAFF RECOMMENDATION:

Receive staff report and consider the Chief of Police’s recommendation to hire a lateral Public Safety Dispatch candidate at step three of the FY 2024-25 full-time pay rate schedule ($26.97 per hour).

PURPOSE:

The purpose of the staff report is to recommend the hiring of a seasoned, lateral Public Safety Dispatcher at step three of the pay scale, based on the candidates extensive experience, qualifications, and proven expertise in public safety communications.

BACKGROUND:

Deanna Kay Shaw has applied for the position of Public Safety Dispatcher with the City of Fortuna. Ms. Shaw brings 21 years of extensive experience in public safety dispatch, with the majority of her career spent at the Turlock Police Department in California. During her tenure at Turlock PD, she progressed through the ranks and ultimately served as a Senior Emergency Dispatcher, a role that required high levels of responsibility, leadership, and technical proficiency.

Ms. Shaw has also successfully completed the POST Dispatch Academy and possesses a POST Intermediate Certificate, further validating her qualifications and readiness for this role. Her longstanding commitment to public safety and her demonstrated ability to manage complex emergency situations make her an ideal candidate for our department.

DISCUSSION:

Given the candidates significant experience and advanced skills, it is appropriate to consider her for a lateral entry at step three of the Public Safety Dispatcher pay scale. This recommendation is based on the following key factors:

1. Experience and Expertise: With 21 years of public safety dispatch experience, the candidate has developed a comprehensive understanding of emergency communications, including proficiency in various dispatch technologies, protocols, and procedures. Her experience as a Senior Emergency Dispatcher reflects her capability to handle high-stress situations and lead dispatch teams effectively.

2. Professional Certifications: The candidate has previously completed the POST Dispatch Academy and holds a POST Intermediate Certificate, which is recognized as a significant Consent Item 4b

professional achievement in the field of public safety communications. These certifications confirm that she has met and exceeded the training and performance standards required for her role.

3. Leadership and Training: Throughout her career, the candidate has demonstrated strong leadership skills, mentoring junior dispatchers and contributing to the overall efficiency and effectiveness of the Turlock PD dispatch unit. Her experience in a training role will be invaluable in mentoring entry-level dispatchers and in maintaining the high standards required of our communications personnel.

4. Immediate Impact: By hiring the candidate at step three, we are recognizing her ability to immediately contribute at a high level, reducing the costs associated with training related overtime and expediting the department’s onboarding time typically required for new hires.

Her familiarity with POST standards and extensive experience will allow her to integrate quickly into the police department’s operations.

RECOMMENDATION:

Based on the foregoing considerations, it is recommended that Deanna Kay Shaw be hired as a Public Safety Dispatcher at step three. Her extensive experience, leadership, and professional certifications make her an exceptional fit for our department, and hiring her at this step is both justified and advantageous to our operations.

FISCAL IMPACT:

The fiscal impact of hiring the candidate at step three will be within the budgeted salary range for Public Safety Dispatchers. Her lateral entry at this step reflects her qualifications and the value she will bring to our department. The difference between step three and step zero is approximately $2.99 per hour.

CONCLUSION:

Hiring the candidate at step three is a strategic decision that will strengthen our dispatch team with a highly qualified and experienced professional. It is requested that Council consider approving this recommendation.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions with staff

2. Open public comment

3. Close public comment

4. Motion to approve hiring the candidate at step three. Consent agenda vote.

ATTACHMENTS:

FY 2024-25 Full-time Pay Rate Schedule, City of Fortuna

Consent Item 4c

STAFF REPORT
City Council Consent Item
DATE: August 23, 2024
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Public Works Director/City Engineer THROUGH: Amy Nilsen, Interim City Manager
SUBJECT: Recommendation for Hiring Engineering Tech II Candidate at up to Step Four (4) STAFF RECOMMENDATION:

Receive staff report and consider the Public Works Director’s recommendation to hire an Engineering Technician II candidate at up to step four of the FY 2024-25 full-time pay rate schedule.

EXCECUTIVE SUMMARY:

For the fiscal year 2024-25 budget, Public Works staff proposed a change to the engineering division organizational chart, modifying the previous Assistant Engineer job classification to an Engineer Tech II position. This change was proposed because the City was unable to successfully backfill the existing Assistant Engineer position (which was previously budgeted and is a mid-level engineering position), receiving mostly entry level or non-qualified applications. The Council approved the reclassification of the position in June 2024 as part of the adoption of the budget. After approval of the reclassification, staff recruited for the Engineering Technician II position, and completed interviews the week of August 19th.

The candidate selected that staff intend to offer the position to is Ryan Fraga, the City’s previous Assistant Engineer, who vacated the position for personal reasons in September of 2023. Although the position has been reclassified to a lower-level engineering position, Ryan is interested in returning to the City in this role. Ryan has approximately 5-years of post-graduate engineering experience, a degree in mechanical entering from Chico State, and performed well in his previous time as the Assistant Engineer for Fortuna.

Recognizing that his qualifications are higher than the typical applicant for a Technician position, staff would like the ability of offer Ryan a starting salary of up to step four on the position’s salary scale, which would be commensurate with his current experience and his previous salary and expectations as an Assistant Engineer. Per Section 10.3 of the City’s Personnel Rules and Regulations, an initial salary appointment at anything higher then step 2 of a salary scale requires City Council approval, and therefore staff are seeking from the Council concurrence with the proposed approach.

FISCAL IMPACT:

This position is fully budgeted in the fiscal year 24-25 budget, and therefore there is no new budget impact as a result of hiring at the proposed step. A copy of the fiscal year 2024-25 pay rate schedule is included as an attachment, which the Engineering Technician position highlighted.

RECOMMENDED COUNCIL ACTION:

Approve staff’s ability to offer a starting salary of up-to step four to the Engineering Technician II position’s selected candidate. Consent Agenda Vote.

ATTACHMENTS:

FY 2024-25 Full-time Pay Rate Schedule, City of Fortuna 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
403 Treatment Plant Operator III/Shift Supervisor (1) F42 Yr: 56,073.89 58,316.84 60,649.52 63,075.50 65,598.52 68,222.46 Hr: 26.9586 28.0370 29.1585 30.3248 31.5378 32.7993
422 Engineering Tech II (4) F43 Yr: 58,235.36 60,564.77 62,987.36 65,506.86 68,127.13 70,852.22 430 Finance Office Supervisor (4) Hr: 27.9978 29.1177 30.2824 31.4937 32.7535 34.0636 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: 68,666.69 71,413.35 74,269.89 77,240.68 80,330.31 83,543.52 Hr: 33.0129 34.3334 35.7067 37.1350 38.6204 40.1652
459 Public Works Project Manager (4) F54 Yr: 71,248.15 74,098.07 77,062.00 80,144.48 83,350.26 86,684.27 460 General Services Superintendent (4) Hr: 34.2540 35.6241 37.0491 38.5310 40.0723 41.6752 462 Utility Superintendent (4)
463 Chief Treatment Plant Operator (4)
465 Parks and Recreation Director (4)
480 Deputy City Engineer (4) F60 Yr: 79,568.74 82,751.49 86,061.54 89,504.01 93,084.17 96,807.53 Hr: 38.2542 39.7844 41.3758 43.0308 44.7521 46.5421
472 Lieutenant (4) F61 Yr: 81,138.75 84,384.30 87,759.67 91,270.06 94,920.86 98,717.69 Hr: 39.0091 40.5694 42.1922 43.8799 45.6351 47.4605
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: 88,465.49 92,004.11 95,684.27 99,511.65 103,492.11 107,631.80 Hr: 42.5315 44.2328 46.0021 47.8422 49.7559 51.7461
Adopted By Council at 6-25-24 Meeting (Effective 6-30-24) Adopted By Council at 7-1-24 Meeting (Effective 7-1-24) Consent Item 4d

STAFF REPORT
City Council Consent Item
DATE: August 23, 2024
TO: Honorable Mayor and Councilmembers
FROM: Amy Nilsen, Interim City Manager
SUBJECT: Access Humboldt Service Agreement
STAFF RECOMMENDATION:

Approve and authorize the City Manager to sign the attached Service Agreement with Access Humboldt for cable and video services between the cities of Arcata, Eureka, Blue Lake, Fortuna, Ferndale, Rio Dell and the County of Humboldt (Attachment 1) and authorize the City Manager, or designee thereof, to execute any and all amendments to the service agreement, following approval by City Council.

EXECUTIVE SUMMARY:

Access Humboldt was formed in 2006 through a community-based effort that included diverse stakeholders and best practice design, to develop and provide public, educational and governmental (PEG) access services and to build sustainable community media and broadband access for Humboldt County and the region. Access Humboldt was designated to manage the Community Media Center and those PEG access channels and resources that were the outcome of franchise renewal process between the county, the cities of Arcata, Blue Lake, Eureka, Ferndale, Fortuna and Rio Dell and Cox Cable, Suddenlink, and now Optimum. The most recent agreement, entered into by the county and six cities, was approved by your Board on December 6, 2021, with a term ending June 30, 2024. Access Humboldt is designated to operate the Community Media Center, to provide PEG access programming and to provide nondiscriminatory access to the equipment, facilities, channels, and other services, as outlined in the attached service agreement, to all residents of the cities and county.

Upon approval, the agreement will be effective for fiscal years 2023-24 through 2029-30. This service agreement comes to the council after the effective date due to delays caused by the contract negotiation process.

FISCAL IMPACT:

The cities and county shall provide Access Humboldt a flat rate of $36,000 annually during the term of this agreement. Each of the cities and county shall be responsible to pay a share of the total annual cost. The City of Fortuna is responsible for $4,230, and is included in the adopted budget for fiscal year 2024-25.

RECOMMENDED COUNCIL ACTION:

Approve and authorize the City Manager to sign the attached Service Agreement with Access Humboldt for cable and video services between the cities of Arcata, Eureka, Blue Lake, Fortuna, Consent Item 4d

Ferndale, Rio Dell and the County of Humboldt (Attachment 1) and authorize the City Manager, or designee thereof, to execute any and all amendments to the service agreement. Consent Agenda vote.

ATTACHMENTS:
 Agreement between the Cities of Arcata, Eureka, Blue Lake, Fortuna, Ferndale, Rio Dell and the County of Humboldt and Access Humboldt
Access Humboldt FY 23/24-29/30 Page 1 of 15

CABLE/VIDEO SERVICES AGREEMENT

BY AND BETWEEN

THE CITIES OF ARCATA, EUREKA, BLUE LAKE, FORTUNA, FERNDALE, RIO DELL AND

THE COUNTY OF HUMBOLDT
AND

ACCESS HUMBOLDT
FOR FISCAL YEARS 2023-2024 THROUGH 2029-2030
This Agreement is entered into this ____ day of __________, 2024, by and between the Cities of Arcata, Eureka, Blue Lake, Fortuna, Ferndale, Rio Dell and the County of Humboldt, political subdivisions of the state of California, hereinafter referred to as “Cities/County,” and Access Humboldt, a California nonprofit corporation, is made upon the following considerations:

WHEREAS, Altice USA operating as Suddenlink Communications (collectively “Suddenlink Communications”) has been granted a state franchise (“State Franchisee”) to provide cable/video services in Arcata, Eureka, Blue Lake, Fortuna, Ferndale, Rio Dell and Humboldt County pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”); and WHEREAS, DIVCA provides that certain channel capacity and fiber links shall be provided for Public Educational and Governmental (“PEG ”) access channels; and WHEREAS, DIVCA authorizes the Cities/County to receive certain grant payments from State Franchisees for PEG access purposes as defined by Section 5870(n) of DIVCA; and WHEREAS, the Cities and County have each authorized the receipt of such PEG channels, fiber links, and payments via City of Arcata Municipal Code Title VI Chapter 4 Article 5 Section 65.66, City of Blue Lake Municipal Code Title 13 Chapter 13.32.50, City of Eureka Municipal Code Title XI Chapter 114 Section 114.63, City of Ferndale Ordinance 04-04 Chapter 5 Section 5.07, City of Fortuna Municipal Code Title 14 Chapter 14 Section 14.18.050, City of Rio Dell Municipal Code Title 5 Chapter 5.30 Section

5.30.520, and Humboldt County Code Title VIII Chapter 5 Section 855-7; and WHEREAS, through a community-based effort that included diverse stakeholders and best practice design, Access Humboldt was formed in 2006 to develop and provide PEG access services and to build sustainable community media and broadband access for Humboldt County and the region; and WHEREAS, by previous agreement, Access Humboldt has provided the Cities/County with PEG access services since May 9, 2006; and
WHEREAS, a Settlement Agreement and Release (“Settlement Agreement”) between each of the Cities/County and Suddenlink Communications enacted on or about October 15, 2015 provides that certain payments and services shall be provided by Suddenlink Communications to support the operations of the PEG access facilities, equipment and channels; and
WHEREAS, Section 14 of the Settlement Agreement states the Agreement shall be binding on Suddenlink Communications and any, voluntary or involuntary successor or assign in whole or in part of:
(i) the Suddenlink Communications State Video Franchise as the same may be renewed or extended; or (ii) the cable system controlled by Suddenlink Communications and serving one (1) or more of the Cities/County; and
WHEREAS, on August 1, 2022, Suddenlink Communications rebranded as Optimum, unifying Altice USA's telecommunications products and services under one brand; and Access Humboldt FY 23/24-29/30 Page 2 of 15
WHEREAS, the Cities/County have determined that they wish to provide continuing support for PEG access; and
WHEREAS, the Cities/County have designated Access Humboldt to operate and manage PEG access, provide a community media center, to be the recipient of those PEG access channels, funding, and resources, and to provide certain other cable-related services; and WHEREAS, Access Humboldt has agreed to serve the Cities/County by managing the Community Media Center and providing PEG access programming and services.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereby agree as follows:

1. SCOPE OF SERVICES:

In exchange for the resources provided by the Cities/County to Access Humboldt, pursuant to this Agreement, Access Humboldt shall provide the following services:

A. Operate Public, Educational and Government Access Cable Channels. Operate the public, educational, and government access cable channel(s) for community access programming purposes in accordance with this Agreement and applicable state and federal law, with the primary purpose being to administer, coordinate, and assist those requesting access on a nondiscriminatory basis, and to bring to the community local programming and information not overwise readily available in commercial and national media.

B. Operate a Community Media Center. Manage a community media production facility and equipment, available for public use at such hours and times as are determined by Access Humboldt. Access to equipment and facilities shall be open to all those who: (1) satisfactorily complete required training classes provided by Access Humboldt; or (2) receive certification from Access Humboldt, identifying said persons as having satisfied training requirements through other means.

C. Provide Nondiscriminatory Access. Provide access to the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all residents of the Cities/County for non-commercial programming purposes, whether individuals or organizations, pursuant to operating rules promulgated by Access Humboldt.

D. Develop Operating Policies and Procedures. Develop policies and procedures for use and operation of the PEG access equipment, facilities, and channels. The policies and procedures shall be filed with the Cities/County and shall be provided to any resident of the Cities/County who requests them.

E. Compliance with Laws Rules and Regulations. Administer the PEG access channels and facilities in compliance with applicable laws, rules, regulations.

F. Training. Train residents of the Cities/County and, when requested, employees of the Cities/County and local school or college employees, in the techniques of media production, and provide technical advice in the execution of productions.

G. Playback/Cablecast. Provide for the playback/cablecasting of programs on the PEG access channels. Access Humboldt shall cablecast an average of at least 20 hours of programming per week.

Access Humboldt FY 23/24-29/30 Page 3 of 15
H. Maintenance of Equipment. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to Access Humboldt by the Cities/County.

I. Special Needs Groups. Support special needs groups in program production through training and other means.

J. Promotion. Actively promote the use and benefits of the PEG access channels and facilities to cable subscribers, the public, PEG access users, and the State Franchisee.

K. Cable-Related Services. Provide cable/video and broadband related services that assist the Cities/County in oversight of cable/video service providers as further described in Section 2.

L. Performance Review. Every four (4) years Access Humboldt shall contract with an entity from outside the Cities/County that is expert in PEG access matters to conduct a performance review of Access Humboldt’s operations. This review shall include an opportunity for PEG access users and cable subscribers to provide input. Upon completion, a copy of the performance review shall be submitted to each of the Cities/County.

M. Other Activities. Undertake other PEG access programming activities and services as deemed appropriate by Access Humboldt and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access.

2. CABLE/VIDEO AND BROADBAND-RELATED SERVICES:

Access Humboldt shall provide the following cable/video related services:

A. Regularly conduct reviews of files maintained by Optimum to ensure adequate, timely reporting and to identify any outstanding issues. Notify the Cities/County of any problems or issues identified and provide suggestions as to ways to resolve said problems.

B. Conduct an annual workshop for elected officials and designated City/County staff regarding DIVCA, applicable Public Utilities Commission Rules, and the cable/broadband industry as it may apply to current and potential services and issues of interest to the Cities/County.

C. Hold regular meetings with Optimum during the term of this Agreement to maintain open lines of communications.

D. Support “helpline” services for the Cities/County to help document and address residents’ complaints or problems that require intervention with Optimum. Assist City/County staff and elected officials in preparing necessary communication residents regarding Optimum and operations and performance in the Cities and County.

E. Conduct regular franchise and PEG fee audits as permitted by DIVCA They shall include but not be limited to the following activities.

1. Retain the assistance of a firm expert in the conduct of cable franchise and PEG fee audits/financial reviews.

2. Prepare a detailed Request for Information (“RFI”) to be sent to Optimum seeking information necessary to determine the exact basis of franchise and PEG fee payments.

Access Humboldt FY 23/24-29/30 Page 4 of 15
a. The exact basis for the current franchise fee payment will be identified by reviewing the State Franchise agreement and applicable state rules and regulations, previous audit results, any correspondence concerning payments, and actual receipt dates and manner in which such is recorded.
b. A detailed RFI will be prepared to be sent to Optimum to clarify the following:
i. Subscriber billing and collection system.
ii. Listing of all Cities/County jurisdictions included in same general ledger. iii. Accounting procedures applied to subscriber & non-subscriber revenue. iv. Accounting policies related to bad debt.
v. Allocations procedures for allocating revenue among the Cities/County. vi. Revenue sources that are currently excluded from the computation and the operator’s rationale for such exclusion.
vii. Reporting of affiliated transactions.
viii. Reporting of programmer receipts for launch fees and other promotions. ix. Reporting of local, regional, and/or national advertising (gross or net). x. Reporting and treatment of Internet access revenue if billing is combined (discounts applied).
xi. Request to review books or original entry on site.
xii. Review of programmers’ contracts on site to understand rebates and advertising.
xiii. Map of service areas with outlying roadways identified. xiv. Copies of internal financial reports that include the system operations.

F. Revenue reports and other correspondence submitted by Optimum to the Cities/County will be evaluated for accuracy as well as the type of information that is presented as follows:

1. Reconcile Optimum’s reported revenue to the franchise fee payments received.

2. Understand Optimum’s use of the “Pasadena pass-through.”

3. Understand the extent to which agreements with programmers provide for advertising and how such advertising is treated for financial reporting purposes.

4. Conduct a review of Optimum’s ledgers, journals, and workpapers to test the accuracy of calculations made by the operator, paying particular attention to deductions made to specific revenue.

Access Humboldt FY 23/24-29/30 Page 5 of 15

5. Clarify with representatives from Optimum any issues arising from review of the franchise fee payments.

G. Determine whether payments are correct and have been paid in a manner consistent with DIVCA. Assist the Cities/County in collecting any underpaid franchise and PEG fees.

H. Monitor Optimum’s compliance with the Settlement Agreement and immediately notify the Cities/County of any violations of that Agreement.

3. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC:

Access Humboldt hereby agrees to keep the public access channel(s) open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant laws. Neither the Cities/County, the Franchisee, nor Access Humboldt shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Nothing herein shall prevent Access Humboldt, any of the Cities/County, or the Franchisee from producing or sponsoring programming, underwriting programming, or engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). Access Humboldt may develop and enforce policies and procedures which are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of PEG access channels, equipment and facilities.

4. INDEMNIFICATION:

A. Mutual Indemnity. Each party hereto shall hold harmless, defend and indemnify the other parties and its agents, officers, officials, employees and volunteers from and against any and all claims, demands, losses, damages, liabilities costs and expenses of any kind or nature, including, without limitation, attorney’s fees and other costs of litigation, arising out of, or in connection with, the negligent performance of, or failure to complywith, any of the duties and/or obligations contained herein, exceptsuch loss or damage which was caused by the sole negligence or willful misconduct of the other parties or their agents, officers, officials, employees or volunteers.

B. Comparative Liability. Notwithstanding anything to the contrary, in the event that multiple parties are held to be negligently or willfully responsible, each party will bear its proportionate share of liability as determined in any such proceeding. In such cases, each party will bear its own costs and attorneys’ fees.

C. Effect of Insurance. Acceptance of the insurance required by this Agreement shall not relieve any party from liability under this provision. This provision shall apply to all claims for damages related to each party’s performance hereunder, regardless of whether any insurance is applicable or not. The insurance policy limits set forth herein shall not act as a limitation upon the amount of indemnification or defense to be provided hereunder.

5. COPYRIGHT CLEARANCE:

Before cablecasting any program material, Access Humboldt shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the PEG access channels that are operated and managed by Access Humboldt. Access Humboldt shall maintain for inspection by any of the Cities/County, upon Access Humboldt FY 23/24-29/30 Page 6 of 15
reasonable notice by the Cities/County and for the term of the applicable statute of limitations, copies of all such user agreements.

6. COPYRIGHT AND OWNERSHIP:

Access Humboldt shall own the copyright of any programs, which it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by the persons who produced said programming.

7. DISTRIBUTION RIGHTS:

A. Access Humboldt shall require that programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures.

B. At least twice each day that programming is cablecast on the PEG access channels whose use is authorized by this Agreement, Access Humboldt shall display a credit stating "Partial funding for the operation of this channel is provided by the Cities of Arcata, Blue Lake, Eureka, Ferndale, Fortuna, Rio Dell, and Humboldt County. Such credit shall also state that opinions expressed in PEG access programs are the sole responsibility of the program producers.

8. EQUIPMENT AND FACILITIES:

A. Access Humboldt shall be responsible for maintenance of all equipment and facilities owned, leased, loaned to it, or purchased with funds provided pursuant to this Agreement.

B. Access Humboldt shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement all equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the Cities/County (in a manner determined by the Cities/County), which shall ensure that all such equipment or facilities shall be used for PEG access purposes.

To secure all of its obligations under this Agreement, Access Humboldt hereby grants to each of the Cities/County a security interest in the assets and interests owned or hereafter acquired by Access Humboldt with funds provided by the Cities/County, and the proceeds thereof, including but not limited to Access Humboldt deposit accounts, inventory, and all equipment and fixtures acquired with funds provided by the Cities/County. Access Humboldt hereby agrees to take all steps reasonably requested by any of the Cities/County to perfect and enforce the security interest of the Cities/County, including the execution and processing of financing statements and continuation statements under the California Uniform Commercial Code. Access Humboldt will also notify any institution with whom it now or hereafter maintains any deposit account of the existence of a security interest by the Cities/County in the account.

C. The Cities/County hereby agree to subordinate their interest if necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that Access Humboldt might wish to finance.

D. Upon the dissolution of Access Humboldt, it shall, subject to the approval of the Cities/County, transfer all assets of Access Humboldt representing equipment and facilities funded by the Cities/County, and/or the proceeds of either to the Cities/County, or at the option of the Access Humboldt FY 23/24-29/30 Page 7 of 15
Cities/County, to such organization or organizations designated by the Cities/County to manage PEG access which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law).

9. INSURANCE:

Access Humboldt shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by Access Humboldt and may be included in its annual budget.

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $2,000,000 for each person, each occurrence and aggregate; and (2) property damage, $2,000,000 for each occurrence and aggregate.

B. Equipment Insurance. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part pursuant to the terms and conditions of this Agreement to replacement cost. The insurance shall include, at a minimum insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. The Cities/County shall be shown as additional insured on all policies.

C. Workers' Compensation. Full Workers’ Compensation Insurance and Employer's Liability with limits as required by California law with an insurance carrier satisfactory to the Cities/County.

The worker’s compensation policy shall contain, or be endorsed to contain, a waiver of subrogation clause indicating the insurance company agrees to waive all right of subrogation against the Cities/County, their officers, officials, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for the Cities/County or from operations performed by the Named insured on Cities/County premises.

D. Cablecaster's Errors and Omissions Insurance. Insurance shall be maintained to cover the content of productions which are cablecast on the PEG access channels in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual PEG access producers.

E. Cities/County as Co-Insured or Additional Insured. All Cities/County shall be named as coinsured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or Access Humboldt without first giving each of the Cities/County thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the Cities/County, their officers, agents, employees, or volunteers shall be in excess of Access Humboldt’s insurance and shall not contribute to it.

F. Notification of Coverage. Access Humboldt shall annually file with the Cities/County proof of Comprehensive Liability, Workers' Compensation, equipment, and cablecaster's errors and omissions insurance.

G. Other Insurance Requirements. The Cities/County or its authorized representative or agents shall have the right to require additional insurance, or high limits of insurance, at anytime during this Access Humboldt FY 23/24-29/30 Page 8 of 15
Agreement should it be deemed necessary. The general liability policy is to contain, or be endorsed to contain the following provisions:

1. The Cities/County, their officers, officials, employees and volunteers are to be covered as additional insureds with respect to liability arising out of ownership, maintenance or use of that part of the area in use by Access Humboldt pursuant to this Agreement.

2. Access Humboldt insurance coverage shall be primary insurance as respects the Cities/County, their officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the Cities/County, its officers, officials, employees or volunteers shall be excess of Access Humboldt’s insurance and shall not contribute with it.

10. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE:

A. Professional Services and Employment. In connection with the execution of this Agreement, Access Humboldt shall not unlawfully discriminate in the provision of professional services or against any employee or applicant for employment because of: race; religion or religious creed; color; age, over forty (40) years of age; sex, including, without limitation, gender identity and expression, pregnancy, childbirth and related medical conditions; sexual orientation, including, without limitation, heterosexuality, homosexuality and bisexuality; national origin; ancestry; marital status; medical condition, including, without limitation, cancer and genetic characteristics; mental or physical disability, including, without limitation, HIV status and AIDS; political affiliation; military service; denial of family care leave; or any other classifications protected by any and all applicable local, state or federal laws, regulations or standards, all as may be amended from time to time. Nothing herein shall be construed to require the employment of unqualified persons.

B. Compliance with Anti-Discrimination Laws. Access Humboldt further assures that it will abide by the applicable provisions of: Title VI and Title VII of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Food Stamp Act of 1977; Title II of the Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act; California Civil Code Sections 51, et seq.; California Government Code Sections 4450, et seq.; California Welfare and Institutions Code Section 10000; Division 21 of the California Department of Social Services Manual of Policies and Procedures; United States Executive Order 11246, as amended and supplemented by United States Executive Order 11375 and 41 C.F.R. Part 60; and any other applicable local, state or federal laws, regulations or standards, all as may be amended from time to time. The applicable regulations of the California Fair Employment and Housing Commission implementing California Government Code Section 12990, set forth in Sections 8101, et seq. of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

11. INDEPENDENT CONTRACTOR:

It is hereby understood and agreed that Access Humboldt is an independent contractor and that no relationship of principal/agent or employer/employee exists between the Cities/County and Access Humboldt. If in the performance of this Agreement any third persons are employed by Access Humboldt, such persons shall be entirely and exclusively under the control, direction and supervision of Access Humboldt. All terms of employment, including hours, wages, employee benefits, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by Access Humboldt and the Cities/County shall have no right or authority over such persons or terms of employment. No third party shall be a beneficiary under this Agreement.

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12. ASSIGNMENT OR TRANSFER:

Neither this Agreement nor any interest herein shall be assigned or transferred by Access Humboldt, except as expressly authorized in writing by the Cities/County.

13. ANNUAL REPORTS:

Prior to June 30 of each year, Access Humboldt shall submit to the Cities/County an annual report regarding its activities during the preceding calendar year (January 1 - December 31). This report shall contain, at a minimum, statistics on programming and services provided, a current and complete list of Access Humboldt’s Board of Directors, and year-end financial statements that have been reviewed by an independent certified public accountant.

14. RECORD RETENTION AND INSPECTION:

A. Maintenance and Preservation of Records. Access Humboldt hereby agrees to timely prepare accurate and complete financial and performance records, documents and other evidence relating to its performance hereunder, and to maintain and preserve said records for at least three (3) years from the date of final payment hereunder, except that if any litigation, claim, negotiation, audit or other action is pending, the records shall be retained until completion and resolution of all issues arising therefrom.

B. Inspection of Records. Access Humboldt hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by Cities/County and any other duly authorized local, state and/or federal agencies. Access Humboldt further agrees to allow interviews of any of its employees who might reasonably have information related to such records by Cities/County and any other duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with Access Humboldt’s performance hereunder.

C. Audits. Access Humboldt shall prepare (or have prepared) and submit to the Cities/County a fiscal audit by an independent certified public accountant, at least every three (3) years.

15. PEG ACCESS FUNDING, CHANNELS, AND OTHER RESOURCES:

Pursuant to the following City and County Code citations, certain PEG access funds, channels, and resources are to be provided to the Cities/County by Optimum and any entity issued a State Video Franchise. The Cities/County do by this Agreement transfer those funds, channels, and resources as delineated in the Cities/County Code to Access Humboldt for the purposes described in this Agreement.

A. The California Public Utilities Commission has granted Optimum a State Franchise to provide cable/video services in the Cities/County. Pursuant to its State Franchise and City of Arcata Municipal Code Title VI Chapter 4 Article 5 Section 65.66, City of Blue Lake Municipal Code Title 13 Chapter 13.32.50, City of Eureka Municipal Code Title XI Chapter 114 Section 114.63, City of Ferndale Ordinance 04-04 Chapter 5 Section 5.07, City of Fortuna Municipal Code Title 14 Chapter 14 Section 14.18.050, City of Rio Dell Municipal Code Title 5 Chapter 5.30 Section

5.30.520, and Humboldt County Code Title VIII Chapter 5 Section 855-7 Optimum is obligated to provide to the Cities/County four channels for PEG access purposes. The Cities/County hereby agree to permit Access Humboldt to manage that bandwidth/channel capacity for PEG access programming purposes.

Access Humboldt FY 23/24-29/30 Page 10 of 15
B. Pursuant to its State Franchises and to City of Arcata Municipal Code Title VI Chapter 4 Article 5 Section 65.66, City of Blue Lake Municipal Code Title 13 Chapter 13.32.50, City of Eureka Municipal Code Title XI Chapter 114 Section 114.63, City of Ferndale Ordinance 04-04 Chapter 5 Section 5.07, City of Fortuna Municipal Code Title 14 Chapter 14 Section 14.18.050, City of Rio Dell Municipal Code Title 5 Chapter 5.30 Section 5.30.520, and Humboldt County Code Title VIII Chapter 5 Section 855-7 Optimum is obligated to provide to the Cities/County for PEG access purposes 1.401% of gross of its gross revenues derived from the provision of cable/video services in the Cities/County. The Cities/County shall direct any State Franchisee to pay said PEG fees to Access Humboldt no later than thirty (30) days after the Cities/County receives the quarterly PEG fee payment from a State Franchisee.

C. The Cities/County shall provide Access Humboldt at the flat rate of thirty-six thousand dollars ($36,000.00) per year during the term of this Agreement for providing the cable/video services described in Section 2 of this Agreement. Each of the Cities/County shall be responsible to pay a share of the total annual cost, allocated as follows: County of Humboldt, eighteen thousand eight hundred forty dollars ($18,840.00) annually; City of Arcata, four thousand eight hundred sixty dollars ($4,860.00) annually; City of Blue Lake, four hundred fifty dollars ($450.00) annually; City of Eureka, eight thousand eight hundred twenty dollars ($8,820.00) annually; City of Ferndale, seven hundred twenty dollars ($720.00) annually; City of Fortuna, four thousand two hundred thirty dollars ($4,230.00) annually; City of Rio Dell, one thousand eighty dollars ($1,080.00) annually.

1. Access Humboldt shall submit quarterly invoices to each of the Cities/County on the first day of April, July, October, and January and the Cities/County shall each pay the amount due in full within thirty (30) days of the invoice date.

2. Any material changes to the compensation for cable/video services to be performed by Access Humboldt or additional services requested by the Cities/County shall have the prior written approval of Access Humboldt and the Cities/County.

16. ANNUAL PLAN AND BUDGET:

On or before December 31 of each year in which this Agreement is in effect, Access Humboldt shall provide to the Cities/County an “Annual Plan and Budget” outlining activities and programs planned for the following fiscal year with funds and other resources provided by the Cities/County. Such plan shall include a statement of the anticipated number of hours of PEG access programming to be cablecast, the training classes to be offered and the frequency thereof, any other PEG access activities planned by Access Humboldt, and a detailed operating and capital equipment and facilities budget.

17. EXPENDITURE OF FUNDS:

Access Humboldt shall spend funds received from the Cities/County for the purposes listed in its Annual Plan and Budget and Section 1 (“Scope of Services”) of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by Access Humboldt into succeeding years. Upon termination of this Agreement all funds of any kind received from the Cities/County not expended by Access Humboldt shall be returned to the Cities/County, in proportion to the amounts previously provided by the Cities/County. All such returned funds shall be used by the Cities/County for PEG access purposes. Access Humboldt shall implement any and all fiscal control and accounting procedures necessary to assure proper disbursement and accounting for funds received from the Cities/County.
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Access Humboldt FY 23/24-29/30 Page 11 of 15

18. RECEIPT OF APPROVED FUNDING:

The Cities/County codes require holders of state issued video franchises to pay to the Cities/County certain funds for PEG access services (see Cities/County code citations in Section 15). For each year in which Access Humboldt has submitted the Annual Plan and Budget to the Cities/County as required pursuant to the terms and conditions of this Agreement, the Cities/County shall direct all state video franchise holdersto make quarterly payments to Access Humboldt on or before February 15, May 15, August 15, and November 15.

19. FUNDING FROM OTHER SOURCES:

Access Humboldt may, during the course of this Agreement, receive supplemental funds from other sources, including, without limitation, fundraising activities.

20. TERMINATION OF AGREEMENT AND TRANSFER OF ASSETS:

A. The Cities/County shall have the right upon one hundred twenty (120) days written notice to Access Humboldt to terminate this Agreement for: material breach of any provision of this Agreement by Access Humboldt; malfeasance, misfeasance, or misappropriation of funds by Access Humboldt; or loss of 501(c) (3) status by Access Humboldt or revocation or suspension of its Articles of Incorporation by the State of California.

B. Access Humboldt may avoid termination by curing any such breach to the satisfaction of the Cities/County within one hundred twenty (120) days of notification or within a time frame mutually agreed to by the Cities/County and Access Humboldt. The Cities/County may also terminate this Agreement at the expiration of its term, or any extension thereof.

C. Upon termination of this Agreement, Access Humboldt shall immediately transfer to the Cities/County all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by Access Humboldt with funds received pursuant to this Agreement. All such transferred items shall be used by the Cities/County for PEG access purposes.

21. TERM AND EXTENSION OF AGREEMENT:

This Agreement shall begin on June 1, 2024 and shall remain in full force and effect until June 30, 2030, unless renewed, extended or sooner terminated as set forth herein. This Agreement may be renewed or extended for additional periods of not lessthan five (5) years each, pursuant to the following process:

A. If Access Humboldt seeks an extension, it shall submit a letter of request to each of the Cities/County at least one hundred twenty (120) days prior to the expiration of this Agreement.

B. The City Managers/County Administrative Officer shall jointly respond to Access Humboldt’s letter of request for an extension of this Agreement within thirty (30) days of the date of said letter. If the Cities/County intend to refuse to extend the Agreement, they shall explain the reasons for this decision in their response to Access Humboldt. The Cities/County may not refuse to extend this Agreement based upon a failure of Access Humboldt to comply with the terms and conditions set forth herein unless the Cities/County have provided Access Humboldt a notice of such failure and the opportunity to cure said noncompliance. / / / /
Access Humboldt FY 23/24-29/30 Page 12 of 15

22. TIME:

Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. Each party hereby agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in a timely manner.

23. AMENDMENT:

This Agreement may be amended at any time during the term hereof upon the mutual consent of both parties. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto.

24. APPLICABLE LAW:

This Agreement shall be interpreted and enforced under the laws of the State of California. Any dispute arising hereunder, or relating hereto, shall be litigated in the State of California and venue shall lie in the County of Humboldt unless transferred by court order pursuant to California Code of Civil Procedure Sections 394 or 395.

25. NOTICES:

Any and all notices required to be given pursuant to the terms and conditions of this Agreement shall be in writing and either served personally or sent by certified mail, return receipt requested, to the respective addresses set forth below. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Any party may change its address by providing the other parties written notice in accordance with the notice requirements set forth herein.

CITY OF ARCATA: City of Arcata
Attention: Merritt Perry, City Manager
736 F Street
Arcata, California 95521
CITY OF FERNDALE: City of Ferndale
Attention: Jay Parrish, City Manager
P.O. Box 1095
Ferndale, California 95536
CITY OF BLUE LAKE: City of Blue Lake
Attention: Amanda Mager, City Manager
P.O. Box 458
Blue Lake, California 95525
CITY OF RIO DELL: City of Rio Dell
Attention: Kyle Knopp, City Manager
675 Wildwood Avenue
Rio Dell, California 95562
CITY OF EUREKA: City of Eureka
Attention: Miles Slattery, City Manager
531 K Street
Eureka, California 95501
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CITY OF FORTUNA: City of Fortuna
Attention: Amy Nilsen, Interim City Manager
621 Eleventh Street
Fortuna, California 95540
COUNTY OF HUMBOLDT: County of Humboldt
Attention: Elishia Hayes, County Administrative Officer 825 Fifth Street
Eureka, California 95501
ACCESS HUMBOLDT: Access Humboldt
Attention: Sean McLaughlin, Executive Director
P.O. Box 157
Eureka, California 95502

26. SURVIVAL OF PROVISIONS:

The duties and obligations of the parties set forth in Section 4 – Indemnification and Section 14 – Record Retention and Inspection shall survive the expiration or termination of this Agreement.

27. CONFLICTING TERMS OR CONDITIONS:

In the event of any conflict in the terms or conditions set forth in any other agreements in place between the parties hereto and the terms and conditions set forth in this Agreement, the terms and conditions set forth herein shall have priority.

28. INTERPRETATION:

This Agreement, as well as its individual provisions, shall be deemed to have been prepared equally by each of the parties hereto, and shall not be construed or interpreted more favorably for one (1) party on the basis that the other party prepared it.

29. INDEPENDENT CONSTRUCTION:

The titles of the sections, subsections and paragraphs set forth herein are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement.

30. FORCE MAJEURE:

No party hereto shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control, and without the fault or negligence, of such party. Such events shall include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.

31. ENTIRE AGREEMENT:

This Agreement contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. In addition, this Agreement shall supersede in their entirety any and all prior agreements, promises, representations, understandings and negotiations of the parties, Access Humboldt FY 23/24-29/30 Page 14 of 15
whether oral or written, concerning the same subject matter. Any and all acts which may have already been consummated pursuant to the terms and conditions of this Agreement are hereby ratified.

32. COUNTERPART EXECUTION:

This Agreement, and any amendments hereto, may be executed in one (1) or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. This Agreement, and any amendments hereto, may be signed by manual or electronic signatures in accordance with any and all applicable local, state and federal laws, regulations and standards, and such signatures shall constitute original signatures for all purposes. A signed copy of this Agreement, and any amendments hereto, transmitted by email or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement and any amendments hereto.

33. AUTHORITY TO EXECUTE:

Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party’s obligations hereunder have been duly authorized.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date written above.

CITY OF ARCATA:

By: ________________________________________ Date: __________________________ Merritt Perry, City Manager
CITY OF FERNDALE:

By: ________________________________________ Date: __________________________ Jay Parrish, City Manager
CITY OF BLUE LAKE:

By: ________________________________________ Date: __________________________ Amanda Mager, City Manager
CITY OF RIO DELL:

By: ________________________________________ Date: __________________________ Kyle Knopp, City Manager
CITY OF EUREKA:

By: ________________________________________ Date: __________________________ Miles Slattery, City Manager
CITY OF FORTUNA:

By: ________________________________________ Date: __________________________ Amy Nilsen, Interim City Manager
COUNTY OF HUMBOLDT:

By: ________________________________________ Date: __________________________ Elishia Hayes,County Administrative Officer
ACCESS HUMBOLDT:

By: ________________________________________ Date: __________________________ Sean McLaughlin, Executive Director