Agenda packet — Fontana City Council, January 28, 2025 (part 2 of 3)

Exhibit A

damage) for Employee’s use of said vehicle. In addition to those restrictions above, Employee agrees to abide by any additional restrictions on the use of said vehicle imposed by the insurer. The City shall also provide for maintenance, repair and replacement costs of said automobile, in accordance with City policy.

BEREAVEMENT LEAVE:

The official procedure for Bereavement Leave can be found in the City’s Personnel Rules and Regulations.

CAFETERIA PLAN:

The City of Fontana has a Section 125 Cafeteria Plan which allows Employee to enroll in health and welfare benefits. These benefits are eligible to extend to cover Employee’s spouse or registered domestic partner and/or their legal child dependents through age

26. Employee shall have a monthly Cafeteria Plan allotment that is equivalent to 31.4% greater than the cafeteria allotments provided to the Mgmt./Confidential Unit employees of the City. These allotments are adjusted annually based on premium increases/decreases.

Mandatory benefits include a Group Life Insurance policy, Short- & Long-Term Disability insurance (see disability below), Medical and Dental insurance. Employee may elect to waive Medical and/or Dental insurances by providing annual documentation of outside coverage through an equivalent plan as a dependent under a Parent or in a Spouse/Registered Domestic Partner’s Group Plan.

COMPENSATION:

Employee shall be compensated at the rate of pay as outlined in their employment agreement which shall be payable in installments at the same time as other employees of the City are pa id, pursuant to the procedures regularly established, and as they may be amended by the City.

The City may annually assess Employee’s performance and salary. The Employee shall be eligible, if warranted in the City Manager’s sole discretion, to receive a salary increase at the conclusion of such annual assessment.

All employees as of December 10, 2024, shall receive a one -time payment of $2,000.00 (paid no later than December 13, 2024). This one -time payment will not be reported to CalPERS as compensation e arnable for the purpose of calculating retirement benefits and contributions.

Increases to employees’ base wages/salary ranges for any executive classifications are as follows:
 Effective February 8, 2025, (the beginning of the pay period following City Council approval) the salary and salary range for all Executive classifications and incumbents shall be adjusted to receive a 1.0%* base salary increase. *Note: On or about July 13, 2024, a 3.0% base salary increase was adjusted to all Executive classifications and incumbents.
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 Effective July 12, 2025 (the beginning of the first full pay period following July 1st) the salary and salary range for all Executive classifications and incumbents shall be adjusted to receive a 4.0% base salary increase.

 Effective July 11, 2026 (the beginning of the first full pay period following July 1st) the salary and salary range for all Executive classifications and incumbents shall be adjusted to receive a 3.0% base salary increase.

Other Compensation:

Bilingual Pay:

The City shall pay one hundred dollars ($100.00) per pay p eriod (to be paid in each of the 26 pay periods within a calendar year) for those employees who are assigned by the City Manager to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.

Cell Phone Allowance:

Employee shall receive cell phone allowance of $42.50 per pay period (to be paid in each of the 24 pay periods within a calendar year) for the use of their personal cell phone for work related purposes.

Uniform Allowance (Chief of Police):

Effective July 2022, a uniform allowance in the amount of $48.08 per pay period (approximately $1,250.00 per year to be paid in each of the 26 pay periods within a calendar year) will be paid to the Chief of Police. The uniform allowance is intended for the purchase and maintenance of uniforms.

P.O.S.T. Certificate Pay (Chief of Police):

The Chief of Police is eligible to receive annual compensation for attaining the P.O.S.T. certificate as follows:
 Supervisory or Management Certificate = In accordance with Fontana Police Management Association, MOU.
 Executive Certificate = $10,000.00
DEFERRED COMPENSATION - 457(b)/401(a):

A deferred compensation plan is available to all employees, providing tax -deferred savings to serve as a retirement supplement. Employee may contribute to the City's designated deferred compensation plan up to the maximum annual amoun t allowed by federal and state law through a payroll deduction.

City Contribution
The City shall contribute one percent (1%) of Employee’s annual salary per year on Employee’s behalf into a qualified 401(a) plan established by the City. Such payment shall be made to Employee’s account effective the first pay period covering July 1, 2022. 144

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The City’s contribution shall increase to two percent (2%) of Employee’s annual salary effective the first pay period starting July 1, 2023.

Contributions to deferred compensation will be discontinued while an employee is receiving Workers’ Compensation payments.

DIRECT DEPOSIT:

All employees have the opportunity to setup their funds to be directly deposited into an account established for deposit of any payroll check.

DISABILITY LEAVE:

The City of Fontana does not participate in disability insurance from the State of California.

Employee will be enrolled in both Short-Term and Long-Term disability insurance through the City’s designated provider. This coverage is mandatory and may not be waived with outside insurance.

In the event the Employee is unable to work due to their own illness/injury/disability, they will be able to apply for disability benefits to be paid during their absence. Employees will continue to use any available leave in order to maintain their benefits.

Continuation of Benefits
Except as otherwise provided below, an employee taking leave shall be entitled to continue participation in pension and retirement plans to th e same extent and under the same conditions as apply to unpaid leave taken for any other purpose. In order to continue coverage under employee benefit plans, including life, short -term or long-term disability insurance, or other similar plans, the employee will be required to submit timely payments of premiums, at the group rate, during the period of leave not covered by any accrued paid leave.

The City will continue the employee’s normal group health care benefits during the period of leave on the same ter ms and conditions as applied prior to the commencement of family leave. Therefore, in order to continue group health benefits during any unpaid period of leave, the employee should make arrangements, in advance, for the payment of the employee’s share, if any of group health premiums.

The City may be entitled to reimbursement of any premiums paid during a period of unpaid family leave if the employee fails to return after the period of leave has expired, unless:
(1) the reason for the employee’s failure to return is due to the condition, recurrence, or onset of a serious health condition of the employee, the employee’s child, spouse, or parent; (2) other circumstances beyond the control of the employee as set fort h in applicable law and regulations.

During any period of leave which is unpaid, the City shall discontinue payments made on behalf of the employee to employee retirement plans and the leave period shall not be counted for purposes of time accrued under the plan.
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Exhibit A

HOLIDAYS:

Except as outlined below, the following days shall be observed by the City as paid holidays:

New Year's Day (January 1st)
Martin Luther King’s Birthday (Third Monday of January) President’s Day (Third Monday of February)
Memorial Day (Last Monday of May)
Independence Day (July 4th)
Labor Day (First Monday of September)
Veteran’s Day (November 11th)
Thanksgiving Day (Fourth Thursday of November)
Day after Thanksgiving (Fourth Friday of November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
Floating Holidays:

In addition to the observed holidays listed above, employees shall receive four (4) floating holidays. The 2024 increase in floating holidays is provided in lieu of adding any additional observed holidays. (July 2024)

Floating holiday hours shall have the same hour equivalent as the employee’s regular work schedule at the time of deposit.

Floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30 of each year will be forfeited by the employee. Employees retiring from the City, employees resigning/separating from employment will have Floating Holiday Time paid out on their final paycheck.

Using the same methodology, any new employees hired between February 8, 2025 and June 30, 2025, who have not received a total of four (4) Floating Holidays in the 2024/2025 Fiscal Year, will receive the remaining one (1) Floating Holiday upon hire. (July 2024)
Eligibility for Holiday Pay:

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would be required to be in a paid status on the Thursday before the observed holiday and the Tuesday following the observed holiday.

Employees on leave without pay status both on the day before and the day after the beginning of the pay period following July 1st of each year when floating holiday hours are deposited, shall be entitled to floating holiday hours during the first full pay period following their return to work. It is the employee's responsibility to ensure these hours ar e added to their timesheet upon their return to work.

Winter Holiday Closure:

In conjunction with the Management/Confidential Compensation and Benefits Resolution, the City mutually agrees to the closure of the City for business during the winter holiday period (e.g. Christmas Eve through New Year’s Day).

Chief of Police:

The Chief of Police has required scheduled staffing without regard to holidays and is therefore regularly scheduled on holidays as a part of their normal full -time duties and schedule. When so directed or assigned, the Chief of Police shall be compensated in cash for working holidays at the rate of 5.77 hours per pay period, for a total of approximately one hundred fifty (150) hours holiday pay per annum (the equivalent of 15 City holidays, 11 of which are observed that are PERSable, and 4 are floating holidays that are non-PERSable, at the regular rate of pay for a ten (10) hour shift). The amount reported to CalPERS for use in pension calculations is 4.23 hours per pay period, for a total of approximately one hundred ten (110) hours holiday pay per annum (based on the 11 approved holidays to be compliance with Government Code Sections 20 636 and 7522.34 and Sections 571 and 571.1 of the California Code of Regulations).

LIFE INSURANCE:

The City enrolls members of the Executive Management Team in a life insurance policy equivalent to three (3) times their annual salary to a maximum of $500,000. This policy is coverage for both Accidental Death and Dismemberment. The policy monthly premium shall be paid in accordance with the City’s Cafeteria Plan and allotment received. Group policies are term to the Employee’s employment however, they can be ported upon separation or retirement at the Employee’s individual cost.

This life insurance coverage is payable to beneficiary on file in Human Resources & Risk Management Department at time of death.

Additional Death Benefits:

In the event of an employee’s death, their beneficiary will receive payment of all remaining hours worked, any unused personal leave, floating holiday and Administrative Leave hours.

Additional beneficiary payments and survivor benefits are available through CalPERS.

See Retirement.
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Exhibit A

LONGEVITY PAY:

Longevity pay shall be paid to all Executive employees who complete a minimum of ten (10) years of service based on the employee’s anniversary date (date of initial hire into a regular full-time position). Employee shall be eligible to receive Longevity Pay consistent with the rates specified in the Management/Confidential Compensation and Benefits Resolution for employees hired post July 1, 1990, with continuous service as follows:
 10 years or more of continuous service - $2,250
 15 years or more of continuous service - $2,750
 20 years or more of continuous service - $3,250
 25 years or more of continuous service - $3,750
This longevity payment will be made in the month of December via direct deposit and will be based upon the Employee’s anniversary date. Completed years of service will be calculated on a calendar year (January 1 through December 31). An employee will be presumed to have completed a full year of service for purposes of this section if the employee’s anniversary date (service year completion date) falls within the calendar year.

For example, if the City intends to issue the longevity payment on December 1 st, an employee completing 15 years of service on December 12th will be credited with 15 years of service for entitlement to the 15-year longevity payment on December 1st.

Employees hired on or after July 1, 2021, will receive these Longevity payments on a bi- weekly pro-rated basis with their normal paycheck.

Longevity payments will cease upon termination of employment. These longevity payments shall be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

MILITARY LEAVE:

Military leave shall be granted in accordance with the provisions of state and federal law.

Employees must notify their Department Head as soon as they become aware of the need for such leave and give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. 148

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PERSONAL LEAVE:

Employees will receive Personal Leave as outlined in the Management/Confi dential Compensation and Benefits Resolution. The City of Fontana does not separate out Vacation and Sick leave hours. Hours earned on a pay period basis shall be earned based on years of service as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 – 2 Years 224 Hours 8.615
2 – 4 Years 240 Hours 9.230
4 – 6 Years 256 Hours 9.846
6 – 8 Years 264 Hours 10.154
8 – 10 Years 272 Hours 10.462
10 – 14 Years 280 Hours 10.769
14 – 18 Years 296 Hours 11.385
18 + Years 312 Hours 12.000
The Chief of Police will receive Personal Leave as outlined in the Police Management Association MOU. Hours earned on a pay period basis shall be earned based on years of service as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 – 2 Years 224 Hours 8.62
2 – 4 Years 240 Hours 9.23
4 – 6 Years 256 Hours 9.85
6 – 8 Years 264 Hours 10.15
8 – 10 Years 272 Hours 10.46
10 – 14 Years 280 Hours 10.77
14 – 18 Years 296 Hours 11.38
18 + Years 312 Hours 12.00
The numbers of personal leave hours which can be accrued in their leave bank at any given time is a maximum of one thousand (1,000) hours. The application of the maximum accrual limit will be made on a pay period by pay period basis. Once the maximum accrual limit is met, employees will cease to accrue personal leave time until the next pay period in which they have reduced their personal leave below their accrual limit.

Pursuant to federal and California law, partial-day deductions from an employee’s salary are not allowed. Partial-day deductions from an employee’s leave bank is permissible.

All accrued personal leave is payable upon separation from service. 149

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Exhibit A

Pre-Election of Leave Cash Out
In accordance with 26 CFR 1.451 -2 effective Dec ember 1, 2025, and continuing thereafter, employees must submit an irrevocable pre -election form, by no later than December 1st of the year in which the election is made, to convert the following hours to cash or a deferral into their deferred compensation account:
 Personal Leave - An amount which may not exceed the number of personal leave hours the employee may accrue in the following calendar year.

1. Employee may cash out up to one hundred sixty (160) hours maximum of personal leave, subject to the limits on accrued leave cash out time available in accordance with the leave accrual cash out as established in the Management/Confidential Compensation and Benefits Resolution. For the 2025 calendar year (July 2025 and December 2025 cash outs), employees who hav e used at least eighty (80) hours of leave time within the previous twelve (12) months (i.e. July 2024 – July 2025 or December 2024 – December 2025) may cash out up to two hundred (200) hours. Beginning with the December 1, 2025 pre -election and continuing thereafter, employees who have used at least eighty (80) hours of leave time within the same calendar year as their pre -election (e.g., if a pre -election is made in December 2025, it applies to the 2025 calendar year) may cash out up to two hundred (200) hours per calendar year. Employees who have not met the eighty (80) hour leave usage threshold will be subject to the maximum cash out of up to one hundred sixty (160) hours per calendar year.

2. The requested cash out can be made at either or both dates below, but only with respect to leave time that has accrued before the cash out date, via direct deposit, not to exceed the maximum amount listed in this section per calendar year:

To Be Paid By
 On or before July 31st
 On or before the second Friday in December

3. The cash out shall be paid at the employee’s base rate of pay that is in effect at the time of such cash out.

4. Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.

5. The cash out is subject to the pre -elected leave being available. If an employee uses more leave than anticipated to where it would affect the amount of leave cashed out, the amount of leave cashed out will be adjusted to reflect the leave used, provided t hat the employee maintains a minimum balance of 80 hours in their leave bank after the cash out.

6. The leave cash-out election is for hours to be accrued or received in the calendar 150

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year following submission of the irrevocable election form. In the event an employee has less hours in their personal leave time bank at the time the cash - out is to be paid than they had previously elected to cash -out, the employee shall only be paid for up to the amount remaining in their personal leave time bank at the time of the actual cash-out.

7. If an employee makes an irrevocable election to cash -out personal leave time in the following calendar year and uses such leave in that subsequent calendar year, the personal leave used will come from the personal leav e the employee had earned (if any) prior to January 1st of the calendar year in which the leave time the employee has elected to cash -out accrues. The employee’s use of earned, but unused personal leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation and/or compensatory time hours the employee is eligible to cash-out.

8. Participation in the pre -election of leave cash out is optional. Employees who do not submit an irrevocable election form by December 1 st of each year will be considered as opting out of the optional “leave cash out” for the following calendar year.

RETIREMENT:

The City of Fontana participates in the California Public Employees’ Retirement System (CalPERS). There are three retirement tier benefits for each Miscellaneous and Safety Member categories.

Miscellaneous Members (Non-Sworn):

Tier I
All Miscellaneous Members hired prior to July 1, 2011, will have the 2.5% at 55 Plan Full Formula for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one -year salary.

Employees will pay three percent (3%) of the Employees’ portion of the CalPERS retirement system. The City shall pay the remaining employee contribution five percent (5%; however, said payments shall not exceed the full employee portion of 8%. These payments are not salary increas es but are the City’s payment of employees’ retirement contributions in accordance with Section 414(h)(2) of the Internal Revenue Code.

Tier II
All Miscellaneous Members hired on or after July 1, 2011, will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 -month average for determining retirement benefits. Employees in this group (post 7/1/2011) will pay the full employee portion of the CalPERS retirement system.

Tier III
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All Miscellaneous Members hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 -month average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.

Safety Members (Sworn):

Tier 1
Classic Safety Members hired prior to July 1, 2011, will have a retirement formula that is based on 3.0% @ 50 Plan Full Formula for Safety Members and upon retirement an employee’s “final compensation” will be based on the “highest one (1) year” salary.

For Tier 1 above, the City shall pay up to one hundred percent (100%) of each employee’s required retirement contributions pursuant to the retirement plan maintained by the City through PERS. Said payment shall not exceed nine percent (9%) of the employee’s “PERSable” compensation. These payments are not salary increases but are the City’s payment for employees’ retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

Tier II
All Safety Members hired on or after July 1, 2011, will have a retirement formula that is based on 3.0% at 55 Plan Ful Formula for Safety Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 - month average for determining retirement benefits. Employees in Tier II will pay the full employee portion.

Tier III
All Safety Members hired one or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 21013 (PEPRA), will have a retirement formula based on 2.7% @ 57 Plan Full Formula for Safety Members and upon retirement an employee’s “final compensation” will be based the highest consecutive 36 -month average. An employee in Tier III will pay 50% of Normal Costs. This amount is provided by CalPERS each year and is subject to change.

EPMC Conversion
The City will report as co mpensation for retirement purposes the Employee Paid Member Contributions of 9% for Tier I employees ONLY that were hired prior to July 1, 2011.

Cost Sharing (per section 20516 of the CA Public Employee’s Retirement Law) All Tier I (as defined above), Classic Safety Member in the Classification of Police Chief will contribute three percent (3%) towards the City’s Employer CalPERS 152

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costs. Such contributions shall be tax-deferred and shall be credited to the member’s account.

1959 Survivor’s Benefits
The City providers the Level 4 1959 Survivor’s Benefit for all employees enrolled in CalPERS. The cost of this benefit will be paid by the City.

PERS Military Buy-Back
The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Military for additional service credit.

AT-WILL EMPLOYMENT STATUS AND SEVERANCE PAY:

A. Nature of Employment. Employee expressly agrees that the employment relationship is “at will” and that Employee serves at the will and pleasure of the City Manager. Nothing in this Agreement, any Resolution, Statute, Ordinance, Rule, or Policy shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee at any time without cause or right of notice, Skelly conference, hearing, appeal or grievance. Employee waives any rights to the con trary, including but not limited to those set forth in Fontana Municipal Code Sections 20-31 and 20-32.

B. By the Employee. The Employee will give written notice to the City Manager and shall endeavor to give two (2) weeks’ prior notice. The City shall have t he complete discretion to terminate the Employee any time prior to the end of such notice period, provided the City pays the Employee all compensation due and owing through the last day actually worked, plus an amount equal to the base salary the Employee would have earned through the remainder of the notice period.

C. By the City, Without Cause. At any time, the City may terminate the Employee’s employment for any reason without cause. In the event the City exercises its right under this provision to terminat e employment without cause, the Employee will be entitled to one of the following two options, at the City’s discretion: (1) nine (9) months’ notice of termination of employment; or, or, (2) a combination of notice of termination of employment and salary i n lieu of notice of termination of employment, not to exceed a total of nine (9) months or an amount equivalent to the remainder of the term of this Agreement pursuant to the requirements of Government Code § 53260, whichever is less.

Further, per Government Code sections 53243 to 53243.4, if Employee is convicted of a crime involving an abuse of their office or position, whether before or after release from employment, Employee shall fully reimburse the City for any severance pay, paid leave salary disbursed pending an investigation related to the crime, or legal criminal defense funds relevant to the crime.

A. By the City, For Cause. At any time, and without prior notice, the City may terminate Employee for Cause (as defined below). The City shall pa y Employee all compensation then due and owing; thereafter, all of the City’s obligations under this Agreement shall cease. Termination shall be for “cause” if Employee: (1) acts in bad faith and to the detriment of the City; (2) refuses or fails to act in accordance with any 153

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specific direction or order of the City; (3) exhibits in regard to their employment unfitness or unavailability for service, misconduct, dishonesty, habitual neglect, or incompetence; (4) is convicted of a crime involving dishonesty, breach of trust, or physical or emotional harm to any person; or (5) failure to adhere to the authority of a municipal code. Any dispute between the City Manager and Employee regarding whether the Employee’s conduct constitutes cause for termination shall be resolved conclusively by the City Council, in its discretion, without right of appeal.

DISCIPLINARY ACTION APPEAL PROCEDURE CONSISTING OF A WRITTEN REPRIMAND OR LESS (CHIEF OF POLICE):

The following Appeal procedure will be utilized by the Chief of Police for the purpose of appealing disciplinary action consisting of a Written Reprimand or less. This will be the sole and exclusive procedure afforded to the Chief for appealing disciplinar y action consisting of a Written Reprimand or less.

The Chief having received a disciplinary action consisting of a Written Reprimand or less will be entitled to the following appeal procedure pursuant to the Public Safety Officers Procedural Bill of Rights Act at California Government Code § 3304(b) and 3304.5.

Within five (5) workdays of the time the written or verbal reprimand is issued, the Chief will be entitled to a non -evidentiary meeting with the City Manager. The purpose of this administrative appeal is to afford the Chief an opportunity to be heard by the City Manager as to why the Chief believes the discipline should be revoked or modified. The Chief may be heard verbally or in writing. The City Manager will have 10 workdays to respond to the Chief. If the City Manager does not respond within 10 workdays from the date of the administrative appeal to respond to the employee, the original disciplinary action will be deemed unchanged.

The determination of the City Manager will be final, binding and conclusive. There will be no other administrative method to appeal the determination of the City Manager.

Ratified by City Council: January 28, 2025, Consent Calendar 154
RESOLUTION NO. 2025-003

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AMENDING AND RESTATING THE COMPENSATION
PLAN FOR MANAGEMENT/CONFIDENTIAL EMPLOYEES.

WHEREAS, certain unrepresented management and confidential employees of the City of Fontana have been included in what has been called the Management/Confidential Group for purposes of setting their terms and conditions of employment; and

WHEREAS, the City Council of the City of Fontana has historically set the terms and conditions of employment for the Management/Confidential Group in a Confirmation of Understanding (COU) after having informally consulted with employees in that group; and

WHEREAS, the City and th is group now desire to replace the COU with this Resolution, setting forth and amending those terms and conditions of employment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, to adopt the Management/Confidential Co mpensation & Benefits Resolution, effective July 1, 2024 (Exhibit A).

EFFECTIVE DATE: July 1, 2024
APPROVED AND ADOPTED this 28th day of January, 2025.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on the 28th day of January 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

155
Resolution No. 2025-003

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

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Exhibit A

THE COUNCIL OF THE CITY OF FONTANA RESOLVES:

1: PURPOSE

The purpose of this Resolution 2025-003 is to restate and establish certain terms and conditions of employment for the City's Management/Confidential employees in the form of a written Resolution. Both the City and the Management/Confidential employees acknowledge that neither this Resolution nor the discussion surrounding it should constitute or imply that the City has recognized or certified these employees as an appropriate bargaining unit or the exclusive representative for the City's Management/Confidential employees. The City has chosen to allow the Management/Confidential employees to participate in Wage and Benefit discussions.

The terms and conditions of this understanding shall be applicable to employees in those classifications set forth on the Management/Confidential salary table, commencing July 1, 2024 and ending June 30, 2027. The City commits that it will not modify this Resolution during the above term without first providing impacted employees with advance notice of such change and an opportunity to meeting to allow for full discussions regarding any potential changes.

2: CITY PERSONNEL RULES AND REGULATIONS

It is understood that there exists within the City, in written form, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations and as amended by City resolutions. Those rules, pol icies and benefits will continue in effect, except for those provisions modified by this resolution, unless and until modified by written notification to the Management/Confidential employees from the City Manager or their designee, and enacted by the City Council, if necessary, in accordance with State laws, orders, regulations, official instructions or policies. In the case of changes, the City commits to discussing such changes with Management/Confidential employees as soon as possible.
3: WAGES

All employees as of December 10, 2024, shall receive a one -time payment of $2,000.00 (paid no later than December 13, 2024). This one -time payment will not be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

Effective February 8, 2025, the salary and salary schedule for all Management/ Confidential classifications and incumbents shall be adjusted to receive a 1.0%* base salary increase. *Note: On or about July 13, 2024, a 3.0% base salary increase was adjusted to all Management Confidential classifications and incumbents.

Effective July 12, 2025 (the beginning of the first full pay period following July 1 st) the salary and salary schedule for all Management Confidential classifications and incumbents shall be adjusted to receive a 4.0% base salary increase. 157

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Exhibit A

Effective July 11, 2026 (the beginning of the first full pay period following July 1 st) the salary and salary schedule for all Management Confidential classifications and incumbents shall be adjusted to receive a 3.0% base salary increase.

In the event that changes to salaries in groups other than the Management/Confidential group create significant compaction issues (i.e. a supervisor making less than five percent (5%, Step 5 to Step 5) above a subordinate, the City will review and make necessary corrections to the specific Management/Confidential position(s)

4: PERSONAL LEAVE

Section A. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

YEARS OF SERVICE HOURS

ASSIGNED

PAY PERIOD

ACCUMULATION
0 - 2 Years 224 Hours 8.615
2 - 4 Years 240 Hours 9.230
4 - 6 Years 256 Hours 9.846
6 - 8 Years 264 Hours 10.154
8 - 10 Years 272 Hours 10.462
10 - 14 Years 280 Hours 10.769
14 - 18 Years 296 Hours 11.385
18 + Years 312 Hours 12.000

Section B. Leave Accrual Limits
Effective February 8, 2025 (beginning of the pay period following contract ratification), employees agree that the total number of personal leave hours which can be accrued in their leave bank at any given time is a maximum of two and one half (2.5) times the employee’s annual personal leave accrual. The application of the maximum accrual limit will be made on a pay period by pay period basis. Once the maximum accrual limit it met, employees will cease to accrue personal leave time until the next pay period they have reduced their personal leave balance below their accrual limit.

The City Manager, at their discretion, reserves the right to pay out an employee's accrued personal leave time which is in excess of the two and one half (2.5) year ceiling and/or the 120 -hour maximum, when such payment has been determined to be in the best interest of the City.
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Exhibit A

Section C. Pre-Election of Leave Cash Out

In accordance wit h 26 CFR 1.451 -2, effective December 1, 2025, and continuing thereafter, employees must submit an irrevocable pre -election form, by no later than December 1st of the year in which the election is made, to convert the following hours to cash or a deferral into their deferred compensation account:

 Personal Leave - An amount which may not exceed the number of personal leave hours the employee may accrue in the following calendar year.

 Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

1. The maximum amount of leave time (personal leave, compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is one hundred and twenty (120) hours per calendar year. For the 2025 calendar year (July 2025 and December 2025 cash outs), employees who have used at least eighty (80) hours of leave time within the previous twelve (12) months (i.e. July 2024 – July 2025 or December 2024 – December 2025) may cash out up to two hundred (200) hours. Beginning with the December 1, 2025 pre -election and continuing thereafter, employees who have used at least eighty (80) hours of leave time within the same calendar year as their pre -election (e.g., if a pre -election is made in December 2025, it applies to the 2025 calendar year) may cash out up to two hundred (200) hours per calendar year. Employees who have not met the eighty (80) hour leave usage threshold will be subject to the maximum cash out of up to one hundred and twenty (120) hours per calendar year.

Payment Dates
 On or before July 31st
 On or before the second Friday in December

3. The cash out shall be paid at the employee's base rate of pay that is in effect at the time of such cash out.

4. Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out. 159

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5. The cash out is subject to the pre -elected leave being available. If an employee uses more leave than anticipated to where it would affect the amount of leave cashed out, the amount of leave cashed out will be adjusted to reflect the leave used, provided that the employee maintains a minimum balance of 80 hours in their leave bank after the cash out.

6. The leave cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form. In the event an employee has less hours in their personal leave and/or compensatory time bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their personal leave and/or compensatory time bank at the time of the actual cash-out.

7. If an employee makes an irrevocable election to cash -out personal leave and/or compensatory time in the following calendar year and uses such leave in that subsequent calendar year, the personal leave and/or compensatory time used will come from the personal leave or compensatory time the employee had earned (if any) prior to January 1st of the calendar year in which the leave time the employee has elected to cash -out accrues. The employee’s use of earned, but unused personal leave and/or compensatory time accumulated from previous calendar years shall not result in a reduction in the amount of vacation and/or compensatory time hours the employee is eligible to cash-out.

Section D. Negative Leave Usage

All provisions regarding negative leave usage are eliminated(Employees may only use time accrued). The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck.
5: BILINGUAL PAY

The City shall pay one hundred dollars ($100.00) per pay period (to be paid in each of the 26 pay periods within a calendar year) for those employees who are assigned by the Department Head to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.
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Exhibit A

6: CAFETERIA PLAN

Each month, the City will contribute to a cafeteria plan on behalf of each employee, an amount equal to the total of the premiums for coverage under the lowest cost HMO insurance family rate and the high option dental family rate. The City's contribution w ill not be more than the actual cost of the coverage mentioned above. The amount that employees may receive under the City’s Cafeteria cash back option shall be a maximum of $776.70 per month.

7: CERTIFICATE PAY

Employees currently receiving Certificate Bonus Pay shall continue to receive it so long as the employee remains in the same classification and the certificate continues to be relevant to the employee's job duties and responsibilities. Certificate Bonus Pay shall be eliminated for other Management/Confidential employees.

8: OVERTIME, ADMINISTRATIVE TIME AND COMPENSATORY TIME

Section A. Non-Exempt Employees.

1. Overtime

Overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a work week.

There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours cal l back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid). Pre-approved/prescheduled leave, non-floating holiday time and jury duty will be considere d actual time worked for all non -exempt members. Absence due to unscheduled leave shall not be regarded as time worked in calculating eligibility for overtime. No overtime will be recognized except with the prior approval of the Department Head, except as required by law.

For the purposes of overtime calculations for employees that work in the Fontana Police Department’s Communication Center, the workweek will end at the midpoint of the employee’s scheduled shift on either Wednesday or Thursday of each week, depending on the employee’s designated schedule.

Non-Exempt Police Management/Confidential employees who are “ordered” to work overtime will have pre -approved/pre-scheduled vacation time, holiday time and jury duty be considered time worked for purposes of calculating overtime. 161

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2. Compensatory Time Off
A non-exempt employee may not have accrued to their account at the end of any fiscal year more than eighty (80) compensatory time off hours. The cash value of any hours in excess of eighty (80) credited to the employee's account on June 30th of each year shall be paid at the salary rate in effect on June 30th, and will be paid out in conjunction with the City's Leave Payout program.

Section B. Exempt Employees

Exempt employees (as designat ed by the City) shall receive sixty (60) hours of administrative time off without loss of compensation in lieu of overtime or any other compensation. New employees will receive their Administrative Leave hours upon hire, and annually thereafter as outlined above. With the City Manager's or their designee(s) concurrence, the Department Head may grant additional administrative days off to an exempt employee who has been required to work an excessive number of hours. Such additional administrative time off shall not be granted for the performance of regular duties but is intended to compensate those employees who have gone above and beyond the normal call of duty (for example, special projects or filling in for an absent employee for a substantial amount of time). Administrative time off does not accumulate from year to year. Thus, any time not taken off prior to June 30th shall be forfeited. All administrative days off must be approved in writing by the Department Head or their design ee, prior to their being taken. Administrative time off will be treated the same as personal leave for scheduling and approval purposes. Exempt employees shall be subject to salary reductions only as permitted by the Fair Labor Standards Act (FLSA) and its implementing regulations.

9: STAND-BY PAY

1. The Innovation & Technology Department must maintain the City’s computer system, including the Police computer systems, on a 24 -hour basis. The Public Works and Engineering Departments have a routine and regular requirement for employees to respond to emergency situations in the field on a 24-hour basis. This requires staff to be placed on standby in order to be able to respond and provide emergency support within two hours of receiving a call.

2. In order to meet the needs of the City the following classifications shall be eligible for Standby Pay:

a) Innovation & Technology: In order to meet the needs of the City (stated above), designated Innovation & Technology positions, at the discretion of the Department Director, shall be eligible for standby pay. No single individual will be put on standby on a permanent basis; each group will have at least two individuals who will rotate standby responsibilities on a weekly basis, as assigned. When on standby status, the standby employee must respond to the work site within two (2) hours, if the problem cannot be corrected via remote access. 162

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Exhibit A

b) Public Works Department: The Public Works Supervisor, Equipment Mechanic Supervisor, and the Parks & Landscape Supervisor shall rotate standby responsibilities on a weekly basis, as assigned. When on standby status, the standby employee must respond to the emergency within two (2) hours.

c) Engineering Department: Traffic Signal Maintenance Supervisor and Public Works Inspection Supervisor. When on standby status, the standby employee must respond to the emergency within two (2) hours.

d) The City may designate additional positions for standby as recommended by Department Director(s) and approved by the Director of Human Resources & Risk Management to meet the service needs of the City.

3. Employees assigned to standby shall be compensated $200 per week; classifications that are exempt from FLSA overtime regulations shall not receive overtime compensation for any time worked as a result of being on standby and responding to a call.

Court Stand By and Court Appearance Compensation

4. Court Stand By: Non-Exempt Police Management/Confidential employees who are placed in a “Stand By” status restricting their freedom of movement in lieu of attending court in response to a direct order or lawful subpoena pertaining to matters arising during the course and cope of employment shall be compensated at the rate of one - half of the employee’s straight time compensation (e.g., if an employee is earning $20.00 an hour, and is placed in a “Stand By” status, such employee will be compensated at the rate of $10.00 an hour).

5. Court Appearance: Non-Exempt Police Management/Confidential employees assigned to the Police Department who are required to attend court, outside of their scheduled work hours, pursuant to a lawful subpoena relating to events occurring during the course and scope of their employment, will receive overtime compensation, in either cash or compensatory time off at the employee’s option for time spent in attendance, with a minimum compensation payment of two (2) hours. 10: COMPENSATION FOR ACTING APPOINTMENTS

Subject to the following conditions, an employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned, shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.

a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any six-month period.
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Exhibit A

b) The employee must perform all the duties and assume all the responsibilities of the higher class.

c) Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted positions, where the needs of the City require that the position be filled.

d) The City Manager must appr ove all such appointments based upon a finding that the criteria set forth in this paragraph have been met.

11: WORK SCHEDULE

It is not the intent of the City at this time to modify the 9/80, 4/10, or 12 hour work schedules. Should there be a need to change work schedules at a future date, employees will be provided with at least 14 calendar days prior notice.

12: DISCIPLINE

Exempt employees shall be subject to suspensions in accordance with Fair Labor Standards Act (FLSA) regulations.

Police Management/Confidential employees upon mutual written agreement between the Chief of Police and the affected employee, may have an equivalent amount of unused accrued personal leave time deducted from their account in lieu of serving a suspension without pay for that period. Compensatory time off may not be deducted in lieu of serving a suspension.
13: HOLIDAYS

Section 1. Holidays Observed
The following days shall be observed by the City as paid holidays:

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Exhibit A

Observed holidays shall have the same hour equivalent as the employee’s regular work schedule for that day (8, 9, 10 hours) in order that the affected employees no longer have to supplement observed holidays off with accrued leave time.

Section 2. Floating Holidays
In addition to the observed holidays listed above, employees shall receive four (4) floating holidays. The 2024 increase in floating holidays is provided in lieu of adding any additional observed holidays. (July 2024)

The employee’s holiday leave account shall receive all floating holiday hours, as indicated above, during the first full pay period following July 1 st of each year. New employees will receive their floating holiday hours upon hire, and annually thereafter as outlined above. Floating holiday hours shall have the same hour equivalent as the employee’s regular work schedule at the time of deposit.

Implementation of Updated Benefit: For the 2024/2025 Fiscal Year, any floating holiday hours that have not already been received will be deposited during the February 8, 2025 – February 21, 2025 pay period. For example, if an employee is on a 4/10 work schedule, they shall receive the remaining one (1) Floating Holiday, or ten (10) hours of floating holiday hours, during the February 8, 2025 – February 21, 2025 pay period. Using the same methodology, any new employees hired between February 8, 2025 and J une 30, 2025, who have not received a total of four (4) Floating Holidays in the 2024/2025 Fiscal Year, will receive the remaining one (1) Floating Holiday upon hire.

Floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30th of each year will be forfeited by the employee.

Section 3. Compensation for Working Holidays

Exempt employees may, at the Department Head's discretion, be granted an additional administrative/floating holiday day off if they are required to work a designated City paid holiday. If a Police Management/Confidential employee is assigned to work a City Holiday due to supervisory needs, the employee will receive the value of the holiday in Floating Time. The value of the holiday will be based on the employees regular work schedule.

Employees whose positions are subject to regularly working holidays shal l receive an additional amount of salary computed upon the employee’s salary range and step at the time of payment, and will have the same hour equivalent as the employee’s regular work schedule per month (10 hours per month for employees on a 4/10 or 3/12 work schedule or 9 hours per month for employees on a 9/80 work schedule, or 8 hours per month for employees on a 5/8 work schedule). Such employees shall be entitled to receive this additional amount of salary regardless of whether or not they actually w ere required to work the holiday.
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Exhibit A

Non-Exempt, Management/Confidential Police have required scheduled staffing without regard to holidays and are therefore regularly scheduled on holidays as a part of their normal full-time duties and schedule. Employees required to work holidays shall receive their regular pay for the actual hours worked on a holiday. In addition, when so directed or assigned, such employees shall also receive an equivalent amount of pay or compensatory time off, at the empl oyees’ election, in lieu of holiday compensation. The pay or compensatory time will be paid at 5.77 hours per pay period for a total of approximately one hundred fifty (150) hours holiday pay per annum (the equivalent of 15 City holidays, 11 of which are o bserved that are PERSable, and 4 are floating holidays that are non-PERSable, at the regular rate of pay for a ten (10) hour shift). The amount reported to CalPERS for use in pension calculations is 4.23 hours per pay period, for a total of approximately one hundred ten (110) hours holiday pay per annum (based on the 11 approved holidays to be compliance with Government Code Sections 20636 and 7522.34 and Sections 571 and 571.1 of the California Code of Regulations). Those employees electing Compensatory Time off in lieu of pay shall submit their written request to the Chief of Police. This written request must indicate approval of the Unit Supervisor/Manager and must be submitted prior to July 1st of each year. Upon approval, this election shall remain in effect until June 30 th of the following year. The approval of such requests (compensatory time in lieu of pay) are at the complete discretion of the Police Department and may be denied based upon the needs of the department. Newly appointed employees will be provided an opportunity during their Departmental onboarding to elect time off in lieu of pay or compensatory time off for the purposes of this section. Thereafter, they will follow the normal provisions of this section as outlined above.

Section 4. Eligibility for Holiday Pay

In order to be eligible for an observed holiday, employees must be in a paid status both the day before and the day after the observed holiday. For example, if an observed holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the observed holiday and the Tuesday following the observed holiday.

This requirement is not applicable for any paid holidays which occur during the City’s winter holiday closure described below. Rather, to be eligible for pay on those holidays, employees must be in a paid status both the day before and the day afte r the winter holiday closure.

Employees on leave without pay status, both on the day before and the day after the beginning of the pay period following July 1st of each year when floating holiday hours are deposited, shall be entitled to floating holiday hours during the first full pay period following their return to work. It is the employee's responsibility to ensure these hours are added to their timesheet upon their return to work.
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Exhibit A

Section 5. Winter Holiday Closure

The City shall be closed for business during the following winter holiday period (e.g.

Christmas Eve through New Year’s Day) as follows:
2024: December 23, 2024 through January 3, 2025
2025: December 24, 2025 through January 1, 2026
2026: December 24, 2026 through January 1, 2027
In conjunction with City paid holiday time, employees will be required to utilize their leave time (i.e. personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave Without Pay status. However, in the event all of an employee's leave time has been exhausted due to a catastrophic event, and leave without pay would result in an undue hardship, the C ity will review the situation on an individualized basis, and where possible, provide alternatives which may help mitigate the situation. Employees requesting such consideration must submit their request in writing to the Director of Human Resources & Risk Management prior to December 15th of each year.

14: LONGEVITY PAY

A. Longevity pay shall be paid to all Management/Confidential employees who complete a minimum of ten (10) years of service based on the employee’s anniversary date (date of initial hire int o a regular full -time position) at the rates indicated in the subsequent sections:
 A bi-weekly basis, equal to the amount indicated in Section B or C (i.e., a prorated portion of the annual longevity payment will be provided with each paycheck) and will be included on the employee’s next regular paycheck following eligibility, OR
 A one-time per year payment, payable on or before the second Friday in December. Employees shall receive longevity pay via direct deposit by electing one form of payment below:

The employee may not change their payment option once they elect to receive it bi-weekly. For current employees (Management/Confidential employees prior to July 1, 2021) payment election must be submitted to the Human Resources & Risk Management Department on or before October 1st of each year to be effective the beginning of the pay period following January 1 st of the following year. If an election is not made by the deadline indicated above, the employee will be subject to the bi -weekly payment indicated above. Any new Management/Confidential employees (on or after July 1, 2021) shall be subject to the bi-weekly payment.

Employee’s longevity payments shall cease upon termination of employment.

B. Management/Confidential employees who were hired prior to July 1, 1990, shall receive longevity pay in biweekly amounts. In an amount equal to the following 167

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Exhibit A

applicable percentage of the employee’s annual base salary upon the completion of the following length of service:

Such Longevity pay is based on years of service, commencing with ten (10) years, and is calculated as follows:

Years of Service Completed Longevity Payment
10 years but less than 14 years 3.75% of base salary
14 years but less than 15 years 5.25% of base salary
15 years but less than 20 years 6.50% of base salary
20 years but less than 25 years 7.75% of base salary
25 years but less than 30 years 9.00% of base salary
30 years + 10.25% of base salary

C. All employees hired on or after July 1, 1990 who are not eligible for longevity as described in Section B, shall receive longevity pay based on completion of the following applicable length of service in the following amounts:

10 years or more of continuous service: $2,250.00
15 years or more of continuous service: $2,750.00
20 years or more of continuous service: $3,250.00
25 years of more of continuous service: $3,750.00
D. These longevity payments shall be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions. 15: RETIREMENT BENEFITS

Section A. Participation

The City participates in the California Public Employees ' Retirement System (CalPERS) and is subject to the payroll contribution reporting requirements therein.

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% at 55 Plan Full Formula for Local Miscellaneous Members and upon retirement an employee ’s “final compensation” will be based on the highest one-year salary.

Employees in this group (pre -7-1-11) shall pay three (3%) percent of the Employees’ portion of the CALPERS retirement system. The City shall pay the remaining employee contribution (5%); however, said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.
168

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For the purposes of any future comparisons of the level of compensation of employees covered by this Resolution with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries.

Tier II
Employees hired on or after July 1, 2011 will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will be based on the highest consecutive 36 month average for determining retirement benefits.

Employees in this group (post 7-1-11) will pay the full employee portion of the CALPERS retirement system.

Tier III
Employees hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 month average. An employee in Tier III will pay 50% of Normal Costs.

The amount is approved by CalPERS each year and is subject to change.

Section B. 1959 Survivor's Benefit

The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section C. PERS Military Buy-Back

The agreement between the City and CalPERS shall allow for the buy-back of time served by the employee in the Military.

Section D. Health Insurance for Retired Employees

Section 1 -- Pre July 1, 1990 Employees.

Management/Confidential employees hired prior to July 1, 1990, who retire (i.e., begin to draw from their PERS accounts) and have a minimum of ten (10) years of City service shall be eligible for City paid retiree health benefits. The City’s contributions towards retiree medical insurance shall not exceed the actual costs for the employee or employee and spouse (if applicable), based upon the City Kaiser rate. Employees who retire (i.e., begin to draw from their CalPERS accounts) after 20 years of City service shall be entitled to receive City paid retiree dental insurance for the employee or the employee and spouse.

Section 2 -- Post July 1, 1990 Employees.

Employees who are ineligible for City -paid retiree health and/or dental insurance may elect upon retirement to continue medical and/or dental coverage of their own expense through the City’s medical and dental plans.
169

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Exhibit A

Section -3 – Medicare
The City will reimburse eligible retirees for the cost of standard “Part B” Medicare premium, which is $134 per month in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. The cost is automatically withdrawn from those employees’ Social Security checks. Retirees must supply the City with proof of Payment (including deductions from Social security checks) for this coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given.

16: DEFERRED COMPENSATION

Effective June 1, 2023, the City shall match employee contributions into a deferred compensation account of up to $400/month. The Employee’s contributions will be deposited into a 457(b) account, while the City’s matching contributions will be deposited into a 401(a) account. (Amount – July 2022)

17: PERFORMANCE EVALUATIONS

Performance Evaluations with an overall rating of less than competent are within the scope of the grievance procedure.

18: MERIT INCREASES

The City shall utilize a five-step salary range with each step at 5% intervals. 19: LAYOFFS

Section A. Full-time Temporary Employment Following Layoff

Qualified employees who are subject to layoff (laid off employees) may fill positions where there is an employee out on a leave who is not receiving salary or health and welfare benefits from the City, on a temporary basis until the absent employee returns, or the position is filled on a non -temporary basis. The laid off employee may be removed from such a position upon written notice from the City and shall not have any grievance or appeal rights.

During such temporary service, employees shall receive the salary and health and welfare benefits of the classification in which they are serving. If the laid off employee is removed from the temporary position they shall be eligible for that portion of the severance package, if any, that would be remaining on the date of removal as if it had run from their date of appointment into the temporary position. Except as explicitly provided herein, the employee shall in all other aspects be a temporary employee. 170

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Exhibit A

Section B. Seniority and Benefits Upon Reinstatement After Layoff

Employees who are reinstated to the same or equivalent classification within two (2) years after layoff shall have their seniority date restored to that prior to layoff. Probationary employees who are laid off, shall upon reinstatement, be required to serve any remaining balance of their original pr obationary period. In addition, reinstated employees will be entitled to the restoration of personal leave accrual rates they were eligible to receive prior to layoff.
20: WELLNESS
The City shall allow all Management/Confidential employees use of the Mille r and North Fontana Fitness Centers (ONLY) at no cost to the employee. Use of the centers is at each employee’s own risk and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of the Fitness Center usage, not subject to grievance. (July 2017)

21: CALL BACK PAY

The City will pay a minimum of two (2) hours wages for each time a non-exempt employee is called back to work after their regular shift is completed and they have left their assigned work site.

22: SHIFT DIFFERENTIAL PAY

Management/Confidential employees assigned to the Police Department, whose position is regularly assigned to work shifts, are eligible to receive shift differential pay for hours actually worked as follows: (a) shift commencing at 1800 and concluding at 2300 shall receive 2.5% differential pay; and (b) shifts commencing at 2301 and concluding at 0600 shall be paid at 5% differential pay.

23: JURY DUTY
When a Police Department employee’s scheduled shift is other than a day shift, the Department Head has the discretion, based on public and employee safety considerations, to reassign said employee to the day shift for the duration of the jury duty obligation. For purposes of this section, a day shift shall be defined as one beginning no earlier than 5:00 am and ending no later than 10:00 pm. 171

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24: UNIFORM ALLOWANCE

Effective December 27, 2025 (the beginning of the pay period containing January 1 st), a uniform allowance in the amount of $38.47 per pay period (approximately $1,000.00 per year based on 26 pay periods within a calendar year) will b e paid to the following classification(s): Supervising Animal Services Officer. (Bi-weekly amount, July 2024)

The Uniform Allowance is intended for the purchase and maintenance of uniforms. The City/Police Department may request verification of annual uni form purchase or maintenance if abuse is reasonably suspected. All classifications receiving a uniform allowance must be in compliance with the City/Police Department’s existing policies and procedures in regard to uniforms and safety requirements.

The City will compensate any eligible employee for the repair or replacement of clothing or equipment damaged or destroyed in direct consequence of the discharge of their duties in accordance with State Labor Code Section 2802. (July 2024)

25: EDUCATIONAL ACHIEVEMENT PAY

Beginning in September 2018, the City shall provide a one -time graduation stipend to non-probationary employees as follows for possessing the corresponding, job -related degree, from an accredited college or university:

Bachelor’s Degree: $2,000
OR
Master’s Degree: $3,000*

*or $1,000 upon attainment of a Master’s Degree when the employee has previously received the one-time graduation stipend for a Bachelor’s Degree.

The City agrees that by September 30, 2018, the City will compensate all current employees that hold job-related degrees, as indicated by the provisions outlined above, a one-time graduation stipend. Moving forward, educational achievement pay will be paid annually by September 30 th of each year for those non -probationary empl oyees who obtain a degree, as outlined above, during the course of their employment with the City of Fontana. In order to be eligible to receive education pay in September, the degree must have been conferred to the employee by August 1st of the same year. The employee will submit the appropriate documentation to the Human Resources & Risk Management Department in August of each year. In addition, beginning September 2018, employees will no longer be eligible for the City’s Educational Expense Reimbursement Program. (July 2017)
172

MANAGEMENT/CONFIDENTIAL COMPENSATION & BENEFITS RESOUTION JULY 1, 2024 – JUNE 30, 2027

Page 17 of 17 ends

Exhibit A

26: DIRECT DEPOSIT

All payments will be paid via direct deposit.

Ratified by City Council: January 28, 2025, Consent Calendar 173
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3404 Agenda Date: 1/28/2025
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Cooperative Agreement with the County of San Bernardino for the Design and Construction of the Arrow Route Sewer Main Project
RECOMMENDATION:

1. Approve and authorize the City Manager to execute a Cooperative Agreement with the County of San Bernardino for the Design and Construction of the Arrow Route Sewer Main Project.

2. Authorize the City Manager to execute any future individual amendments to the Cooperative Agreement for the Arrow Route Sewer Main Project.

COUNCIL GOALS:
· To concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Arrow Route Sewer Main Improvement Project consists of the conversion from a septic to sewer system on Arrow Route between Ilex Street to Beech Avenue, Cherry Avenue from Arrow Boulevard to Foothill Boulevard, and Beech Avenue from Arrow Boulevard to Foothill Boulevard. The project’s infrastructure goal is to construct sewer mainlines to fully serve the identified locations within the unincorporated area of San Bernardino County.

The cooperative agreement defines the responsibilities for both the City of Fontana and San Bernardino County for the design and construction of the project. As the sewer mainline will ultimately be maintained and operated by the City of Fontana within the Western Sphere area, the design of the project and inspection during construction will be the responsibility of the City. As a sewer infrastructure project, funds from the American Rescue Plan Act (ARPA) have been used for the project under the Water, Sewer, and Broadband Infrastructure Federal Use category. This project is included as part of the Council-approved ARPA expenditure plan.

The County of San Bernadino will be the lead agency for the construction phase and will finance the construction through their own allocation of ARPA funds.

The design of the sewer system is expected to be completed by February 2025. The County will then City of Fontana Printed on 1/21/2025Page 1 of 2
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File #: 21-3404 Agenda Date: 1/28/2025
Agenda #: H. Category: Consent Calendar
take the lead on advertising, awarding, and administering the construction of the project.

FISCAL IMPACT:

The project is included in the FY 2024-25 Capital Improvement Program Budget in Project 37600036- 302 from the ARPA 302 Fund. Appropriate funding for the maintenance work is included in the FY 2025-26 budget, Fund 701 in the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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Standard Contract Page 1 of 7

C THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

San Bernardino County

Department Contract Representative
Telephone Number

Project Arrow Route Sewer Main Project
Contractor City of Fontana
Contractor Representative Matthew C. Ballantyne, City Manager Telephone Number (909) 350-7600
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Grant Number (if applicable)

IT IS HEREBY AGREED AS FOLLOWS:

COOPERATIVE AGREEMENT NO. ________

BY AND BETWEEN

CITY OF FONTANA AND SAN BERNARDINO COUNTY

FOR ARROW ROUTE SEWER MAIN PROJECT

Recitals

WHEREAS, San Bernardino County (“COUNTY”) intends to fund and cause the construction of a 17,945 lineal foot sewer main in the unincorporated Fontana area to run along Arrow Route from Ilex Avenue to Beech Avenue, Beech Avenue from Arrow Route to Foothill Avenue, and Cherry Avenue from Arrow Route to Foothill Avenue with all required manholes, appurtenances and tie-ins to an existing sewer main at Ilex Avenue (“PROJECT”) in collaboration with the City of Fontana (“CITY”) (COUNTY and CITY are also sometimes each referred to herein as “Party” and collectively referred to herein as “Parties”); and

WHEREAS, the PROJECT will be comprised of phases, the first of which consists of the construction of a sewer main along Arrow Route beginning at Ilex Avenue to Cherry Avenue with all required manholes, appurtenances and a tie-in at Ilex Avenue to an existing sewer main (“Phase 1”) as more fully illustrated and attached hereto as Exhibit A. Future phase(s) consist of the construction of a sewer main along Arrow Route from Cherry Avenue to Beech Avenue, Beech Avenue from Arrow Route to Foothill Avenue, and Cherry Avenue from Arrow Route Contract Number

SAP Number

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to Foothill Avenue with all required manholes, appurtenances and tie-ins to Phase 1 sewer main and (“Future Phase(s)”) as more fully illustrated and attached hereto as Exhibit B; and

WHEREAS, COUNTY shall be responsible for funding the construction of the PROJECT at COUNTY’s sole cost and expense, and shall undertake the bidding and cause the construction of the PROJECT , through its Department of Public Works – Special Districts; and

WHEREAS, CITY shall produce the design of the PROJECT and ensure all environmental documentation and compliance in accordance with applicable law, which design and environmental compliance shall be at the CITY’s sole cost; and

WHEREAS, COUNTY has identified funding for Phase 1 of the construction of the PROJECT for approximately 7,700 linear feet along Arrow Route beginning at Ilex Avenue to Cherry Avenue; and

WHEREAS, COUNTY will proceed with the construction of Phase 1 of the PROJECT in accordance with the terms and conditions of this Cooperative Agreement (“AGREEMENT”); and

WHEREAS, COUNTY intends to bid the construction of Phase 1 with Future Phase(s) included as additive bid items, such that if bids received for the construction of both Phase 1 and Future Phase(s) fall within identified funding parameters and are determined to be in the public interest, COUNTY may award the construction contract for both Phase 1 and Future Phase(s) as part of a single construction contract where this AGREEMENT will be amended to reflect the same; and

WHEREAS, if funding availability or public int erest considerations at the time of receiving bids for Phase 1 construction do not allow for the inclusion of Future Phase(s), COUNTY may bid and award the construction of Future Phase(s) separately at a later date, once additional funding becomes availabl e, and at such time the Parties will amend this AGREEMENT accordingly; and

WHEREAS, COUNTY may proceed with the construction of Future Phase(s) of the PROJECT as additional funding becomes available; and

WHEREAS, when additional funding becomes available for the construction of Future Phase(s) of the PROJECT, the PARTIES intend to amend this AGREEMENT, by written amendment, to reflect the Parties’ plans for construction for Future Phase(s), the remainder of the PROJECT; and

WHEREAS, the Parties wish to enter into this AGREEMENT for the design and construction of the PROJECT and to define the respective roles and responsibilities of the Parties throughout the phases of the PROJECT; and

WHEREAS, the PROJECT will not include the removal of private residents' septic systems and connection of private residents to the newly constructed sewer main lines; and

WHEREAS, private residents will pay the necessary fees required by CITY, to CITY, to connect to the sewer main and COUNTY will not receive any fees or costs related to such; and

WHEREAS, following the COUNTY’s completion of construction of Phase 1 and the CITY’s acceptance of Phase 1, as set forth herein, CITY shall assume all responsibilities, obligations, and costs for the maintenance, operation, and administration of Phase 1.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

1.1 Coordinate and assist CITY with advertising, outreach, and promo ting community engagement for any informational community meetings and outreach to local residents and provide a qualified representative to answer resident questions on behalf of COUNTY regarding the PROJECT. 177
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1.2 Review and approve CITY’s PROJECT plans and specifications and not unreasonably withhold, condition or delay review of the PROJECT plans and specifications. Nothing contained in this Agreement serves to allocate the risk or place the burden upon the Parties as to responsibility for the design, plans and specifications of the PROJECT.

1.3 Provide no-cost COUNTY encroachment permits to the CITY for any work in the COUNTY’s right- of-way as it relates to the PROJECT . County shall o btain no-cost CITY encroachment permits from the CITY for any work performed within the CITY’s right -of-way and sewer permits for the construction of Phase 1 of the sewer main to finalize construction of Phase 1.

1.4 Advertise, award, and administer the construction of Phase 1 of the PROJECT in accordance with the California Public Contract Code, and all other applicable State laws, including, but not limited to, the California Civil and Labor Codes , including but not limited to the payment of prevailing wages. COUNTY shall be responsible for managing and overseeing construction of Phase 1 of the PROJECT until completion and shall ensure that Phase 1 of the PROJECT is built pursuant to the CITY’s plans and specifications.

1.5 Require all contractors and vendors working on the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of the Parties. All policies, except for the Workers’ Compensation, Errors and Omissions and Professional L iability policies, shall contain additional endorsements naming the CITY and COUNTY and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services thereunder. The additional insured endorsement shall not limit the scope of coverage for the CITY and COUNTY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2020.11 85.

1.6 COUNTY shall include the CITY as an indemnitee in all construction contracts let by the COUNTY for the PROJECT.

1.7 COUNTY shall (1) name the CITY as an express third-party beneficiary in all of the construction contracts relating to the PROJECT, (2) require the contractor(s) to provide Performance and Payment Bonds for the PROJECT in an amount not less than 100% of the amount of the PROJECT which bonds shall name the CITY as an obligee, and (3) include the CITY and COUNTY as an additional insured on all insurance provided by the contractor(s) for the PROJECT, as set forth in Section 1. 5 above. The Payment and Performanc e Bonds shall be delivered to CITY prior to the commencement of any work on PROJECT.

1.8 Permit CITY inspectors, at CITY’s sole expense, to conduct inspections and review of Phase 1 of the PROJECT construction in coordination with the COUNTY. Upon COUNTY’s request for inspection, CITY shall promptly coordinate with COUNTY to schedule a CITY inspection.

1.9 Include CITY in construction meetings, if and when such meetings are held, and in related communications on Phase 1 of the PROJECT progress, and to consult with CITY on critical issues relative to Phase 1 of the PROJECT.

1.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the CITY.

1.11 In the event that a Request for Information (“RFI”) is received during the course of the PROJECT which may require the CITY and its design consultant’s input, copies of RFIs will be delivered by fax or email to CITY, who will review and respond within seven business (7) days of issuance by COUNTY. If CITY fails to respond within this timeframe, COUNTY may respond and proceed with the PROJECT.

1.12 Provide adequate inspection of all items of work performed under the construction contract with COUNTY’s contractor or subcontractors for the PROJECT and m aintain all source documents, 178
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books, and records connected with performance under this AGREEMENT for a minimum of five (5) years from the date of the final completion and acceptance of PROJECT. COUNTY shall provide CITY with access to the aforementioned do cuments and materials during the course of this Agreement upon request of the CITY.

1.13 Provide to the CITY, upon completion of PROJECT, or upon the conclusion of any final phase of the PROJECT, one (1) electronic set of “Record Drawings” of the PROJEC T, all items of work performed under the construction contract for the PROJECT , and all source documents, books and records connected with this Agreement.

1.14 Assume the sole cost and expense of any COUNTY review, construction, action, approval, or activity performed by COUNTY for the PROJECT.

1.15 Notify the CITY upon Phase 1 of PROJECT completion and seek CITY’s written acceptance of Phase 1 of the PROJECT.

2.0 CITY AGREES TO:

2.1 Act as the Lead Agency for the following: approval and environmental documentation (“PA&ED”), design and engineering ( “PS&E”), California Environmental Quality Act ( “CEQA”) review and compliance for the PROJECT.

2.2 Conduct outreach to local residents and provide a qualified representative to answer resident questions regarding the PROJECT.

2.3 Provide the CITY-approved PROJECT plans and specifications to the COUNTY on or before December 31, 2024.

2.4 Confirm in writing the CITY system inflow and capacity of Arrow Route Sewer and overall CITY sewer system may accept additional flows from PROJECT.

2.5 Provide no-cost CITY encroachment and sewer permits to the COUNTY for any work performed within the CITY’s right -of-way and on the CITY’s sewer system as it relates to Phase 1 of the PROJECT. Obtain no-cost COUNTY encroachment permits from C OUNTY for any work to be performed within the COUNTY’s right-of-way as it relates to Phase 1 of the PROJECT.

2.6 Assume the sole cost and expense of any CITY review, inspection, action, approval, or activity performed by CITY for Phase 1 of the PROJECT.

2.7 Arrange for a qualified CITY representative to provide timely inspection s of all items of construction of Phase 1 work in coordination with the COUNTY. Upon COUNTY’s request for inspection, CITY shall promptly coordinate with COUNTY to schedule a CITY inspection.

2.8 Assume all responsibilities, obligations, and costs for the maintenance, operation, and administration of Phase 1 of the PROJECT’s sewer main infrastructure following Phase 1 acceptance by CITY.

2.9 Provide a qualified representative who shall have the auth ority to offer technical assistance and expertise to COUNTY during the construction phase as needed, to discuss and attempt to resolve issues concerning Phase 1 of the PROJECT with the COUNTY and coordinate with COUNTY to ensure seamless transition of design to construction phase.

2.10 Obtain written authorization from Inland Empire Utility Agency (IEUA) for any connections to IEUA facilities at CITY’s sole cost.

2.11 The Parties understand that at this time the Local Agency Formation Commission (LAFCO) only requires submittal of this AGREEMENT. However, should LAFCO impose additional 179
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requirements, CITY shall be responsible for complying with LAFCO-imposed PROJECT requirements.

2.12 Accept Phase 1 of the PROJECT in writing to include Phase 1 sewer main into CITY sewer master system upon completion of construction by COUNTY after final inspection and acceptance of the construction thereof. If the CITY does not accept or reject Phase 1 in writing within sixty (60) business days of COUNTY’s notification of Phase 1 completion, the CITY shall be deemed to have accepted Phase 1 of the PROJECT.

3.0 IT IS MUTUALLY AGREED:

3.1 The Recitals are incorporated into the body of this AGREEMENT. This AGREEMENT will be effective on the date it is signed by both Parties (Effective Date). Except with respect to the PARTIES’ indemnification obligations contained herein, which shall survive the termination of this AGREEMENT, this AGREEMENT shall terminate five (5) years from the Effective Date unless extended by the PARTIES by written amendment or otherwise earlier terminated as set forth herein.

3.2 The COUNTY Director of Public Works may terminate this AGREEMENT on behalf of the COUNTY. This AGREEMENT may be terminated by either party, with or without cause, upon thirty (30) days advanced notice to the other party, provided, however, that the Parties may not terminate this AGREEMENT after COUNTY has awarded a contract to construct the PROJECT.

3.3 The CITY agrees to indemnify, defend (with counsel reasonably approved by the COUNTY) and hold harmless the COUNTY and its authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the negligent acts, errors or omissions of the CITY, its authorized officers, employees, agents, contractors, and consultants for any costs or expenses incurred by the COUNTY on account of any claim except where such indemnification is prohibited by law.

3.4 The COUNTY agrees to indemnify, defend (with counsel reasonably approved by the CITY) and hold harmless the CITY and its authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, contractors, and consultants for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law.

3.5 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, the COUNTY and the CITY shall indemnify the other to the extent of this comparative fault.

Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

3.6 In the event of litigation arising from this AGREEMENT, each party to the AGREEMENT shall bear its own costs, including attorney(s) fees. This Section shall not apply to the costs or attorney(s) fees relative to indemnification obligations herein.

3.7 COUNTY and CITY are authorized sel f-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.

3.8 This AGREEMENT shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretat ion or enforcement of this AGREEMENT, or which arises out of or is in any way connected with this AGREEMENT or the 180
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PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California.

3.9 Time is of the essence for each and every provision of this AGREEMENT.

3.10 Since the Parties or their agents have participated fully in the preparation of this AGREEMENT, the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed business days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.

3.11 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

3.12 If a court of competent jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is frustrated.

3.13 This AGREEMENT may be signed electronically and in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the AGREEMENT (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each p arty providing an electronic signature agrees to promptly execute and deliver to the other party an original signed AGREEMENT upon request.

3.14 This AGREEMENT contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes al l prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed in writing and signed by all Parties.
[Signatures on Next Page]

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Attest by:

Germaine Key, City Clerk

Approved as to Form:

Ruben Duran, City Attorney

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Aaron Gest, Deputy County Counsel Noel Mondragon, Division Manager David Doublet, Assistant Director Date Date Date

SAN BERNARDINO COUNTY CITY OF FONTANA

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name Matthew C. Ballantyne
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County

(Print or Type)
By Dated:

Deputy

182
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3428 Agenda Date: 1/28/2025
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Donations July - December 2024
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The Fontana Police Department received various donations including foods, drinks, snack items, clothing, gift baskets, bicycles and accessories, free holiday professional services (Santa Claus), signed sports memorabilia, game passes, gift cards, and monetary donations to charity. Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various community programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $500 for National Night Out program, deposited to account #101.3301 · $1,000 for Community Relations, deposited to account #101.3315 · $12,200 for Holiday fund, deposited to account #101.3308 · $985 for Peer Support, deposited to account #101.3570 MOTION:

Approve staff recommendation.

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DATE DONOR ITEM APPROX VALUE REASON
7/3/2024 Volunteers for Veterans Foundation Various Food Items $ 300.00 Community Outreach Program 7/8/2024 San Gabriel Valley Water $500 Check $ 500.00 National Night Out 7/8/2024 Los Angeles Lakers Signed Autograph Photo of
D'angleo Russel $ 100.00 National Night Out
7/9/2024 Volunteers for Veterans Foundation Bicycle, Uber Gift Cards, Misc Food $ 300.00 Community Outreach Program
7/15/2024 K1 Speed Indoor Kart Racing 3 free races and licenses $ 104.70 National Night Out 8/6/2024 Armada Towing Hot dogs and Hot dog Buns $ 600.00 National Night Out 8/6/2024 Starbucks Gift Basket (School Supplies) $ 200.00 National Night Out 8/6/2024 Costco Backpack giftbag with Stanley
Cups $ 200.00 National Night Out
8/6/2024 Dollar Tree/Family Dollar Dollar Tree Gift Basket $ 40.00 National Night Out 8/6/2024 Bimbo Bakery 2 Bimbo Giftbaskets $ 120.00 National Night Out 8/6/2024 Funtana 20 Funtana Adult/Child Passes $ 340.00 National Night Out 8/6/2024 Inland So Cal United 211 72 hour emergency Backpack $ 200.00 National Night Out 8/6/2024 Insurance Goddess 7 small gift baskets $ 150.00 National Night Out 8/6/2024 Easter Seals Southern California Play Montessori Toy $ 30.00 National Night Out 8/6/2024 Fontana Unified Early Education School Supply Giftbasket $ 100.00 National Night Out 8/6/2024 Chandler Jackson/JAR insurance $15 Starbucks and $15 Panera Giftcard $ 30.00 National Night Out
8/6/2024 Breathe Southern California 2 Giftbags full of goodies $ 50.00 National Night Out 8/6/2024 Pepe's Towing Vanilla Giftcards $ 150.00 National Night Out 8/19/2024 South Star Logistics Fuse energy drinks (Qty 960) $ 1,920.00 Appreciation 8/20/2024 Police Benefit Association $500 Check $ 500.00 Volunteer Appreciation 8/20/2024 Police Management Association $500 Check $ 500.00 Volunteer Appreciation 9/3/2024 Fontana Recycling Center $400 Check $ 400.00 Bicycle Give Away 9/3/2024 Rotolo Chevrolet $1,000 Check $ 1,000.00 Heroes & Helper 9/24/2024 Assisvis $100 Check $ 100.00 Bicycle Give Away 9/24/2024 Black Bear Corp $500 Check $ 500.00 Bicycle Give Away 9/24/2024 P&M Management Inc $100 Check $ 100.00 Heroes & Helper 9/24/2024 Black Bear Corp $500 Check $ 500.00 Heroes & Helper 10/14/2024 Police Benefit Association $500 Check $ 500.00 Heroes & Helper 10/14/2024 Police Benefit Association $500 Check $ 500.00 Shop With a Senior 10/14/2024 Police Benefit Association $500 Check $ 500.00 Love Our Vets 10/15/2024 Volunteers for Veterans Foundation Various Snacks $ 250.00 Community Outreach Program 10/16/2024 Target $1,500 E-Gift Cards $ 1,500.00 Heroes & Helper 10/24/2024 Fontana Police Foundation $100 Check $ 100.00 Peer Support 10/24/2024 Fontana Benefits Association $585 Check $ 585.00 Peer Support 10/31/2024 Fontana Police Management Association $300 Check $ 300.00 Peer Support 11/14/2024 Walmart Snack Gift Basket $ 100.00 Appreciation 11/14/2024 Rotolo Chevrolet $600 Check $ 600.00 Heroes & Helper 11/14/2024 Fontana Foundation HOPE (FPD
Foundation) $2,500 Check $ 2,500.00 Shop With a Senior 11/14/2024 Fontana Foundation HOPE (FPD
Foundation) $2,500 Check $ 2,500.00 Love Our Vets 11/14/2024 Fontana Police Foundation $1,000 Check $ 1,000.00 Bicycle Give Away 11/25/2024 Volunteers for Veterans Foundation Variety Food Items & Jackets $ 400.00 Community Outreach Program 12/3/2024 Fontana Police Foundation $1,500 Check $ 1,500.00 FPD Holiday Programs 12/4/2024 MR & MRS Steve Miller (Santa Clause &
Mrs Clause Professional Santa Claus Services $ 1,500.00 Bicycle Give Away 12/4/2024 Cycling Connection Free Bikes, discounted helmets, and bike locks $ 6,800.00 Bicycle Give Away
12/17/2024 Armada Tow Tamales $ 50.00 Appreciation 12/18/2024 The Penta Building Group Snack Gift Basket $ 50.00 Appreciation 12/19/2024 Loy Ragan Costco Pizza, water, and a variety of snack food items $ 618.00 Appreciation
12/21/2024 Fontana Chamber of Commerce $500 Gift Cards $ 500.00 Heroes & Helper 12/21/2024 Fontana Rotary $500 Gift Cards $ 500.00 Heroes & Helper 12/21/2024 Dustin Mullins, David Janusz, and Bishop
Thompson
Various purchases for Heroes &
Helper recipients $ 480.00 Heroes & Helper
12/23/2024 Kahana Feld Deluxe Ghirardelli Basket $ 50.00 Appreciation Total value of donated items 17,732.70$
Total checks/cash 14,685.00$
Grand Total 32,417.70$

DONATION LOG
184
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3483 Agenda Date: 1/28/2025
Agenda #: J. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Award Bid and Approve an Agreement with Symba Center for Mobile Opioid Outreach Services RECOMMENDATION:

1. Award and authorize the City Manager to enter into an agreement with Symba Center to provide Mobile Opioid Outreach Services for one year in the amount of $447,881.28 (Bid No HD- 25-65-SP) for the first year.

2. Approve and authorize the City Manager to execute (4) future one-year optional extensions to the agreement with Symba Center for Mobile Opioid Outreach Services not to exceed $2,000,000.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

DISCUSSION:

In December 2021, the City Council adopted Resolution No. 2021-120 that authorized staff to opt into settlement agreements with various pharmaceutical distributors in order to receive claims over the following 18 years. The funds from these agreements are restricted to certain opioid abatement and remediation uses.

On November 25, 2024, proposals for this contract were opened and subsequently closed on December 12, 2024, at 2:00 p.m. A total of two (2) bids were received ranging from $447,881 to $865,260 for one year of services. Symba Center submitted the apparent lowest and most qualified proposal in the amount of $447,881.28. They are also committing $70,050 per year of the contract in other grant funding to assist with the cost of administering the proposed services.

Symba Center, a registered 501 (c)(3) non-profit, community-based and medical clinic providing health and wellness services for unhoused, low-income, and uninsured community members. They are dedicated to addressing the needs of individuals affected by substance use disorder (SUD) and/or Opioid Use Disorder (OUD).

Their proposal includes staffing, medical van purchase, operating costs and administrative costs for a Mobile Opioid Outreach unit. The Outreach team will consist of a Clinical Practitioner, a Peer City of Fontana Printed on 1/22/2025Page 1 of 2
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Agenda #: J. Category: Consent Calendar
Support Specialist, a Medical Assistant and two Substance Use Counselors. They will provide crucial one-on-one support to the homeless and at-risk community suffering from SUD or OUD throughout Fontana. The proposed program will include SUD/OUD screenings, assessments, treatment, and referrals for services. As part of this agreement, Symba will acquire and equip a medical van that will be the primary mode of meeting with clients throughout the City. The initial two contract years will fund the purchase, equipment, and supplies for the vehicle. At the close of the program, the vehicle will be transferred to the City to use for other programs. Symba Center is committed to implementing a harm reduction policy that respects the rights and dignity of people they encounter and provide them with access to safe and effective services and support.

City staff is satisfied based on its review that Symba Center offers the greatest demonstrated competence and qualifications necessary for the satisfactory performance of the professional services required at a fair and reasonable price. The first year of the contract will be $450,000 while subsequent year’s amounts will be based on available funding received from the settlement agreements.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $2 million for the full term of the five- year contract. The impact for the remainder of the current fiscal year is $450,000 and is not included in the 2024-25 budget and will be submitted in the next quarterly budget report and will be funded by Opioid Settlement Fund #226, Opioid Project # 30200025. All future costs will be included in the same fund in subsequent fiscal year budgets.

MOTION:

Approve Staff Recommendation.

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Mobile Opioid Outreach Services (HD-25-65-SP), bidding on 12/12/2024 2:00 PM (PST)

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1 16498.00150\32126437.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
HD-25-65-SP

This Agreement is made and entered into as of January 29, 2025 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and Symba Center, a 501 (c)(3) Non-Profit with its principal place of business at 16519 Victor Street, Suite 424, Victorville, California 923 95 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Mobile Opioid Outreach Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $447,881.28 [Four Hundred Forty-Four Thousand Eight Hundred Eighty -Eight Dollars and Twenty-Eight cents]. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 197

2 16498.00150\32126437.1
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from February 1, 2025 to January 31, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the t erm of this Agreement and shall commence performance upon receipt of written notice from the City to proceed. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4 ) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to under take self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ C ompensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
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At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insu rers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, th e type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 201

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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's ra ting of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qu alify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance req uired under this Agreement does not comply with these specifications or is 202

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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insur ance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a fi nal adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total 203

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compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevai ling Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to su bmit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monito ring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations ag ainst Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

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17 Termination or Abandonment
a. City has the ri ght to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termi nation. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mut ually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement throu gh no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Shawn Smith as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Philip Burum
CONSULTANT:

Symba Center
20601 HWY 18, Suite 171
Apple Valley, California 92307
Attn: Shawn Smith

and shall be effective upon receipt thereof.
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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those ma tters covered hereunder. Each P arty acknowledges that no representations , inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure thi s Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration conti ngent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
HD-25-65-SP

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager

SYMBA CENTER

By:

Shawn Smith
CEO

Attest:

By:

City Clerk’s Office

By:

Philip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

__________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager
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EXHIBIT A
Scope of Services

No. Service Type Description
1 Client-Centered Case
Management
The provider will be required to develop a plan to provide Case Management Services to assist clients to move forward in accessing Opioid Use Disorder (OUD) or Substance Use
Disorder (SUD) treatment, referrals to appropriate OUD or housing programs such as affordable housing, rehabilitation centers, etc.
2 Substance Use Disorder
Services
Clients must be provided with opioid use disorder screenings, assessments, treatment referrals/options as needed . Upon identifying SUD disorder, the team will conduct clinical assessments to identify needs for treatment. Treatment will include interventions through the prescribing of appropriate medications or via psychobehavioral counseling. Medication and psychobehavioral services may be provided in the field or scheduled for future outreach appointments.
3 Mental and Physical
(Primary) Health
Services
Staff shall be regularly trained on common physical (primary) and mental health conditions of people experiencing
homelessness and how to obtain needed and appropriate
services.
4 Additional Wellness and
Clinical Services
Support services will be tailored to individual needs,
potentially encompassing social rehabilitation, addiction counseling and detoxification, clinical services, family reunification, and assistance in managing prescription intake, along with general education services and job training. 5 Outreach Vehicle The provider must include an a ppropriately sized vehicle to provide all services outlined above. The vehicle should be equipped with all supplies and equipment necessary to perform screenings, assessments, treatment referrals/options.

Purchase/leasing costs, maintenance, supply restocking, any other ongoing costs for the duration of the contract period should be included. The proposal must also include disposition expectations of vehicle after contract period ends.
6 Staffing (1) part time clinical practitioner, (2) full time substance use counselors, (1) full time medical assistant, and (1) full time peer support specialist.
7 Outreach Availability The mobile services must be deployed for a minimum of (40) hours per week. Exact schedule will be determined at the time of contract signing.
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Organization Name: Symba Center
Program: Mobile Opioid Outreach Services
City of Fontana SUD Project Year 1 Start of Contract Year 2 (potential Renewal) Year 3 (potential Renewal) Year 4 (potential Renewal) Year 5 (potential Renewal) Total Annual Funding from City of Fontana $880,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 Starting Cash Annually $880,000.00 $702,168.72 $523,661.00 $390,392.55 $298,770.55 Symba Contributing Revenue $70,050.00 $70,050.00 $70,050.00 $70,050.00 $70,050.00 Office Setup & IT Equipment $10,000.00 $2,000.00 $2,000.00 $5,000.00 $2,000.00 Medical Van Purchase/Lease $100,000.00 $100,000.00 $50,000.00 $0.00 $0.00 Personnel Costs (Annual 3% Raises) $287,164.80 $295,779.74 $304,653.14 $313,792.73 $323,206.51 Operational Costs $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Miscellaneous/Contingency & Unforeseen Expenses $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Cost $407,164.80 $407,779.74 $366,653.14 $328,792.73 $335,206.51 Administative Cost $40,716.68 $40,778 $36,665 $32,879 $33,521 Total Cost $447,881.28 $448,557.72 $403,318.45 $361,672.00 $368,727.16 $2,030,156.62 Ending Cash Annually $502,168.72 $323,661.00 $190,392.55 $98,770.55 $93.38 City of Fontana Project Staff FTE Salary Fringe @30% Total Per Hour ($) Nurse Practioner/Clinical Pharmacist 0.40 $70,720.00 $21,216.00 $91,936.00 ($ 85.00) Substance Use Disorder Counselor 2.00 $114,400.00 $34,320.00 $148,720.00 ($ 27.50) MA 1.00 $18,304.00 $5,491.20 $23,795.20 ($ 22.00)
Peer Support Specialist 1.00 $17,472.00 $5,241.60 $22,713.60 ($ 21.00) Total 4.40 $220,896.00 $66,268.80 $287,164.80
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3497 Agenda Date: 1/28/2025
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Southridge Grid 53 Pavement Rehabilitation Project RECOMMENDATION:

Accept as complete the work performed by Matich Corporation for the Southridge Grid 53 Pavement Rehabilitation Project (PN 37600061).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

On February 27, 2024, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Matich Corporation) in the amount of $1,306,547.00 with a 10% contingency in the amount of $130,654.70 for the Southridge Grid 53 Pavement Rehabilitation Project (PN 37600061). The proposed improvement for the Southridge Grid 53 Pavement Rehabilitation Project consisted of the mill and overlay of existing asphalt pavement and upgrading existing curb ramps to meet ADA compliance from Citrus Avenue to Cypress Avenue and from the SCE easement to Jurupa Hills. The improvement will ultimately prolong the life of the streets within the project limits.

Matich Corporation completed the project on October 24, 2024. The project was successfully completed for the final amount of $1,222,006.55, a decrease of 6.5% from the original contract amount of $1,306,547.00 and $215,195.15 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the Southridge Grid 53 Pavement Rehabilitation Project (#37600061) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

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File #: 21-3497 Agenda Date: 1/28/2025
Agenda #: K. Category: Consent Calendar
Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3500 Agenda Date: 1/28/2025
Agenda #: L. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Resolution Ratifying the 2024-2027 Memoranda of Understanding for the Teamsters Local 1932, City Hall and Public Works Bargaining Units
RECOMMENDATION:

Adopt Resolution No. 2025-004, a resolution of the City Council of the City of Fontana, ratifying the Memoranda of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall and Public Works Bargaining Units.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Practice sound fiscal management by producing timely and accurate financial information. · Practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City has concluded negotiations with the Teamsters Local 1932, City Hall (“CityHall”)and Public Works (“PublicWorks”)Units, which represent miscellaneous employees throughout all Departments across the City and employees within the Public Works Department, respectively. City staff and representatives of each bargaining unit have agreed on terms and conditions of employment outlined in the new contracts, and the City Council approved tentative agreements with each group at the December 10, 2024, City Council meeting. Staff is recommending the formal ratification of the new Memoranda of Understanding.

The new Memoranda of Understanding reached with the City Hall and Public Works Units span three (3) year periods, both ending on June 30, 2027. Highlights include:
· A 4.0% base salary increase effective January 11, 2025. · On July 12, 2025, a 4.0% base salary increase, with a 1.0% wage deduction to a Retiree Medical Trust, resulting in a net salary increase of 3.0% in Year 2. · On July 11, 2026, a 3.0% base salary increase, with an increased 0.5% wage deduction to a Retiree Medical Trust, resulting in a net salary increase of 2.5% in Year 3.

FISCAL IMPACT:

As presented at the December 10, 2024, City Council meeting, the total estimated budgetary financial impact associated with the approval of these contracts is $3,096,870 (Public Works - City of Fontana Printed on 1/22/2025Page 1 of 2
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File #: 21-3500 Agenda Date: 1/28/2025
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$887,917 and City Hall - $2,208,953) through fiscal year 2026-27 and are detailed as follows:

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025 - 004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, RATIFYING THE MEMORANDA OF UNDERSTANDING
BETWEEN THE TEAMSTERS LOCAL 1932, CITY HALL AND PUBLIC
WORKS UNITS.

WHEREAS, the City Council of the City of Fontana has adopted Memoranda of Understanding (MOU) which incorporate the terms, working conditions, and compensation levels for the City’s represented bargaining groups; and

WHEREAS, the MOUs for the Teamsters Local 1932, City Hall and Public Works Units have expired, and the City and these labor groups have agreed on new terms outlined in the tentative agreements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, to ratify the Memoranda of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall (Exhibit A) and Public Works (Exhibit B) Units.

EFFECTIVE DATE: July 1, 2024
APPROVED AND ADOPTED this 28th day of January, 2025.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:

City Clerk
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Exhibit A

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932,

CITY HALL BARGAINING UNIT

COVERING THE PERIOD OF
JULY 1, 2024 THROUGH JUNE 30, 2027
218
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027
Exhibit A

TABLE OF CONTENTS
ARTICLE 1: RECOGNITION ........................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES ........................................................................ 1 ARTICLE 3: NO DISCRIMINATION ................................................................................. 2 ARTICLE 4: UNION MEMBERSHIP ................................................................................ 2 Section 1. Dues Deduction .......................................................................................... 2 Section 2. Hold Harmless Clause ................................................................................ 2 Section 3. Employee's Right To Revoke Agency Shop ................................................ 2 ARTICLE 5: WAGES ....................................................................................................... 3 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES .......................................... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE ........................................................................... 4 Section 1. Personal Leave Accrual .............................................................................. 4 Section 2. Leave Accrual Limits .................................................................................... 4 Section 3. Pre-Election of Leave Cash Out .................................................................. 4 Section 4. Negative Leave Usage ................................................................................ 6 ARTICLE 8: BILINGUAL PAY .......................................................................................... 6 ARTICLE 9: HEALTH BENEFITS .................................................................................... 6 Section 1. Health Insurance .......................................................................................... 6 Section 2. Health Insurance Benefits While on Leave ................................................. 6 ARTICLE 10: OVERTIME AND COMPENSATORY TIME .............................................. 7 Section 1. Overtime ..................................................................................................... 7 Section 2. Compensatory Time .................................................................................... 7 ARTICLE 11: HOLIDAYS ................................................................................................ 7 Section 1. Holidays Observed ...................................................................................... 7 Section 2. Floating Holidays ......................................................................................... 8 Section 3. Holiday Occurring on a Weekend ................................................................ 8 Section 4. Compensation for Working Holidays ........................................................... 8 Section 5. Eligibility for Holiday Pay ............................................................................. 9 Section 6. Winter Holiday Closure ............................................................................... 9 ARTICLE 12: RETIREMENT BENEFITS ....................................................................... 10 219
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027
Exhibit A

Section 1. Participation .............................................................................................. 10 Section 2. 1959 Survivor's Benefit ............................................................................. 11 Section 3. PERS Military Buy-Back ............................................................................ 11 Section 4. Health Insurance for Retired Employees ................................................... 11 ARTICLE 13: RETIREE MEDICAL TRUST (July 2024)................................ ................................ .................. 12 Section 1. Definition .................................................................................................... 12 Section 2. .................................................................................................................... 12 Section 3. Benefits ...................................................................................................... 13 Section 4. Contributions .............................................................................................. 13 Section 5. Grievance ................................................................................................... 13 ARTICLE 14: DEFERRED COMPENSATION ............................................................... 14 ARTICLE 15: LONGEVITY PAY .................................................................................... 14 ARTICLE 16: CALL BACK PAY ..................................................................................... 15 ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES ................... 15 ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS ............................... 15 ARTICLE 19: STANDBY DUTY ..................................................................................... 16 Section 1. Definition of Standby ................................................................................. 16 Section 2. Eligibility .................................................................................................... 16 Section 3. Assignment to Standby ............................................................................. 17 Section 4. Authority for Emergency Call Out .............................................................. 17 Section 5. Standby Compensation ............................................................................. 17 ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS ............................... 17 Section 1. Budgetary Underfill .................................................................................... 17 Section 2. Trainee Underfill ........................................................................................ 17 ARTICLE 21: LAYOFFS ................................................................................................ 18 ARTICLE 22: MERIT INCREASES ................................................................................ 18 ARTICLE 23: SHORTS OPTION ................................................................................... 18 ARTICLE 24: ACCESS TO WORK LOCATIONS .......................................................... 18 ARTICLE 25: EMPLOYMENT-RELATED UPDATES .................................................... 19 ARTICLE 26: HEALTH AND SAFETY COMMITTEE ..................................................... 19 ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY .................................................... 20 220
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027
Exhibit A

ARTICLE 28: WELLNESS ............................................................................................. 20 ARTICLE 29: UNIFORMS ............................................................................................. 20 Section 1. Uniform Allowance (July 2021) ................................ ................................ ................................ ............ 20 Section 2. Boot Reimbursement ................................................................................. 21 Section 3. State Labor Code Requirements ............................................................... 21 ARTICLE 30: SEVERABILITY ....................................................................................... 21 ARTICLE 31: LOCAL UNION ACTIVITIES .................................................................... 21 ARTICLE 32: GRIEVANCE PROCEDURE .................................................................... 21 ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY ............................................ 21 221
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932 UNION,

CITY HALL UNIT

This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932, City Hall Unit (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all employees set forth in on the City Hall Unit’s salary table commencing on July 1, 2024 and ending June 30, 2027.

The City and Union acknowledge that the City is working toward implementation of a new Human Resources & Payroll System (“System”) during the term of this MOU. The completion and readiness of the System shall be a reopener as to all issues that are impacted. To the extent the System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation.

It is important to note that any monetary changes listed in this contract will be effective February 8, 2025, unless stated otherwise.

ARTICLE 1: RECOGNITION

For purposes of meeting and conferring on wages, hours and working conditions and general representation of its employees, formal recognition is hereby gran ted to the Union.

ARTICLE 2: CITY PERSONNEL RULES

It is understood and agreed that there exists within the City, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memorandum of Understanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified b y this Agreement, unless and until modified by mutual agreement of the parties and enacted by the City Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Union shall be consulted with as soon as possible on the change.
222
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows:

City Hall Representative (maximum of 2) – 1 electronic copy Union Business Agent - 1 copy (electronic and printed form)

The Union agrees to print and distribute all copies of the MOU and the Personnel Rules and Regulations, as approved by the City Council, for each current and subsequent new employee at their expense.

ARTICLE 3: NO DISCRIMINATION

Neither the City nor the Union shall unlawfully discrim inate, retaliate, or otherwise suffer violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti -discrimination law in any way against any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee for any lawful act relating to their employment or Union membership.

ARTICLE 4: UNION MEMBERSHIP

Section 1. Dues Deduction

Employees may authorize dues deductions by submitting a written authorization to the Union, who will then notify the City of such deductions. Said authorization shall remain in effect unless withdrawn in writing by the Union, or unless the employee termina tes employment or transfers out of the Union.

Employees will be allowed to have insurance premiums deducted from their pay check to cover insurances offered by the Teamsters Local 1932 Union. Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs.

Section 2. Hold Harmless Clause

In consideration of the above noted services, the Union agrees to release, indemnify and discharge the City from any liability or expenses, including, but not limited to, attorney's fees and reasonable costs, whatsoever as a result of any action taken pursuant to the provisions of this Article.

Section 3. Employee's Right To Revoke Agency Shop

Nothing herein shall be construed to modify employees' rights to revoke the Agency Shop provision of this MOU pursuant to the procedures set forth in Government Code Section 3502.5(b).
223
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

ARTICLE 5: WAGES

All employees as of December 10, 2024, shall receive a one -time payment of $2,000.00 (paid no later than December 13, 2024). This one -time payment will not be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

Effective January 11, 2025, each employee/classification represented by the Union shall receive a 4.0% base salary increase.

Effective July 12, 2025 (the beginning of the first full pay period following July 1 st), each employee/classification represented by the Union shall receive a 4.0%* base salary increase.
*Note: Total benefit as of July 12, 2025, equates to 4.0%, with 1.0% base salary going towards Retiree Medical Trust. Refer to Article 13 for additional information regarding the Retiree Medical Trust.

Effective July 11, 2026 (the beginning of the first full pay period following July 1 st), each employee/classification represented by the Union shall receive a 3.0%* base salary increase.
*Note: Total benefit as of July 11, 2026, equates to 3.0%, with an additional 0.5% base salary going towards Retiree Medical Trust. Refer to Article 13 for additional information regarding the Retiree Medical Trust.

ARTICLE 6: WORKING HOURS AND WORK SCHEDULES

Employees in the Union work a "forty (40) hour work week", which may include but is not limited to a 9/80, 4/10, 5/ 8, or any other lawful schedule. The City agrees to meet and confer with employees in the Union should it propose to change or modify the work schedules listed above. City Hall employees assigned to the Public Works Department will follow the Public Works Department work schedule which is currently a 4/10.

The City Manager or designee(s) may change the work hours and/or days within the work schedules listed above for employees, without any obligation to meet and confer, so long as the employee is provided notice fourteen (14) calendar days prior to the effective date of the change. “Changes in work schedules” are intended to be of a permanent nature or for an extended period of time.
224
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE

CASH OUT AND NEGATIVE LEAVE USAGE
Section 1. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 but less than 2 Years 180 hours 6.92 hours
2 Years but less than 4 Years 190 hours 7.31 hours
4 Years but less than 6 Years 200 hours 7.69 hours
6 Years but less than 8 Years 210 hours 8.08 hours
8 Years but less than 10 Years 220 hours 8.46 hours
10 Years but less than 12 Years 232 hours 8.92 hours
12 Years but less than 14 Years 244 hours 9.38 hours
14 Years but less than 16 Years 256 hours 9.85 hours
16 Years but less than 18 Years 274 hours 10.54 hours
18 Years but less than 20 Years 292 hours 11.23 hours
20 + Years 312 hours 12.00 hours

Section 2. Leave Accrual Limits

Effective February 8, 2025 (the beginning of the pay period following contract ratification), employees agree that the total number of personal leave hours which can be accrued in their leave bank at any given time is a maximum of two and one half (2.5) times the employee’s annual personal leave accrual. The application of the maximum accrual limit will be made on a pay period by pay period basis. Once the maximum accrual limit is met, employees will cease to accrue personal leave time until the next pay period in which they have reduced their personal leave below their accrual limit.

The City Manager, at their discretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two and one -half year accrual limit and/or the 120 hour maximum, when such payment has been determined to be in the best interest of the City. In the 2024 contract, the City increased the leave time eligible for cash out in exchange for implementing the leave accrual cap on a p ay period-by-pay period basis.

Section 3. Pre-Election of Leave Cash Out

In accordance with 26 CFR 1.451 -2 effective December 1, 2025, and continuing thereafter, employees must submit an irrevocable pre -election form, by no later than December 1st of the year in which the election is made, to convert the following hours to cash or a deferral into their deferred compensation account:
 Personal Leave - An amount which may not exceed the number of personal leave hours the employee may accrue in the following calendar year. 225
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

 Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

1. The maximum amount of leave time (personal leave, compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is one hundred twenty (120) hours per calendar year.

To Be Paid By
 On or before July 31st
 On or before the second Friday in December

3. The cash out shall be paid at the employee’s base rate of pay that is in effect at the time of such cash out.

4. Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.

5. The cash out is subject to the pre-elected leave being available. If an employee uses more leave than anticipated to where it would affect the amount of leave cashed out, the amount of leave cashed out will be adjusted to reflect the leave used, provided that the employee maintains a minimum balance of 80 hours in their leave bank after the cash out.

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Exhibit A

8. Participation in the pre -election of leave cash out is optional. Employees who do not submit an irrevocable election form by December 1st of each year will be considered as opting out of the optional “leave cash out” for the following calendar year.

Section 4. Negative Leave Usage

Employees may only use time already accrued. The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck.

ARTICLE 8: BILINGUAL PAY

The City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.

ARTICLE 9: HEALTH BENEFITS

Section 1. Health Insurance

Effective January 1, 2023, except as provided below, each month the City shall contribute to a cafeteria plan on behalf of each represented employee an amount equal to the total of the premium for coverage under the lowest cost HMO insurance and the high option dental plan (for employee plus one tier, dental premiums are calculated at the employee plus child rate), all of which shall not exceed the amounts specified below. The amount that employees may receive under the City’s Cafeteria cash back option shall be limi ted to $558.35 per month: (July 2021)

Example:

Cafeteria Allotment
(Tier) Up to Amount
Cash Back Option Up to $558.35 (waive coverage)
Employee Only Up to Lowest Cost HMO Premium (Emp Only) + Dental High Option Premium (Emp Only)
Employee + 1 Up to Lowest Cost HMO Premium (Emp +1) + Dental High Option Premium (Emp + Child)
Employee + Family Up to Lowest Cost HMO Premium (Emp + Family) + Dental High Option Premium (Emp + Family)

Section 2. Health Insurance Benefits While on Leave
Employees who are eligible for disability insurance pay will receive health benefits for 90 days. Thereafter, the employee must pay for health benefits. 227
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

ARTICLE 10: OVERTIME AND COMPENSATORY TIME

Section 1. Overtime

Overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) For purposes of overtime calculations the workweek will end at the midpoint of the employee's scheduled shift on Friday of each week. Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following two exceptions: (1) leave time and/or floating holiday time required to be used for regularly scheduled work days during the City’s Winter Holiday Closure and (2) official and observed legal holidays (e.g., non -floating holiday time) during the calendar year and Pre -approved/Pre-scheduled personal leave time and Jury Duty will be considered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee.

Section 2. Compensatory Time

An employee may not have accrued to their account at the end of any fiscal year more than eighty compensatory time off hours. The cash value of any hours in excess of eighty credited to the employee's compensatory time account on June 30 th of each year, shall be paid at the salary rate in effect on June 30th and will be paid out in conjunction with the City's Leave Payout program.

ARTICLE 11: HOLIDAYS

Section 1. Holidays Observed
The following days shall be observed by the City as paid holidays:

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Exhibit A

schedule for that day (8, 9, or 10 hours) in order that the affected employees no longer have to supplement observed holidays off with accrued leave time.

Section 2. Floating Holidays

Floating holiday hours shall have the same hour equivalent as the employee’s regular work schedule at the time of deposit.

Implementation of Updated Benefit: For the 2024/2025 Fiscal Year, any floating holiday hours that have not already been received will be deposited during the February 8, 2025 – February 21, 2025 pay period. For example, if an employee is on a 4/10 work schedule, they shall receive the remaining one (1) Floating Holiday, or ten (10) hours of floating holiday hours, during the February 8, 2025 – February 21, 2025 pay period. Using the same methodology, any new employees hired between February 8, 2025 and June 30, 2025, who have not received a total of four (4) Floating Holidays in the 2024/2025 Fiscal Year, will receive the remaining one (1) Floating Holiday upon hire. (July 2024)

Easter Sunday. The Community Services Department will make every effort to schedule its regular full time employees off in observance of Easter. (July 2013)

Section 3. Holiday Occurring on a Weekend

Section 4. Compensation for Working Holidays

Employees who, because of their job duties, must work on a non -floating holiday will be paid for the actual hours worked, and at the employee's discretion, shall also receive an equivalent amount of compensatory time off or straight time payment in lieu of any holiday compensation set forth in Sections 1 or 3 above.
229
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

Section 5. Eligibility for Holiday Pay

In order to be eligible for an observed holiday, employees must be in a paid status both the day before and the day after the observed holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the observed holiday and the Tuesday following the observed holiday.

Employees on leave without pay status both on the day before and the day after the beginning of the pay period following July 1st of each year when floating holiday hours are deposited, shall be entitled to floating holiday hours during the first full pay period following their return to work. It is the employee's responsibility to ensure these hours are added to their timesheet upon their return to work.

Section 6. Winter Holiday Closure

The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows:

2024: December 24, 2024 through January 1, 2025
2025: December 24, 2025 through January 1, 2026
2022026: December 24, 2026 through January 1, 2027

In conjunction with City paid holiday time (Christmas Eve and Christmas Day), employees will be required to utilize their leave time (i.e., personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event, and leave without pay would result in an undue hardship, the City agrees to review such situations on an individual basis, and where possible, provide alternatives which may help mitigate their situation. Employees requesting such consideration must submit their request in writing to the Human Resources Director prior to December 15th of each year.

Section 6.1. Hours Worked During the Winter Holiday Closure

a) Article 11 of this MOU generally prohibits the application of any overtime rate unless the employee “actually worked in excess of forty (40) hours in a workweek.”

b) Article 11 of this MOU excepts from this general rule that paid leave time used during the Winter Holiday Closure shall be used in the calculation of hours for the purpose of determining overtime entitlement

c) Article 12 Section 6 of this MOU requires employees to utilize their personal paid leave time to cover any time during their regular shift not actually 230
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

worked on those days during the Winter Holidays Closure that are not already paid holidays

d) Article 12 Section 6 of this MOU does not require that the City to apply a full shift of paid leave for each non -holiday day in the Winter Holiday Closure, thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift.

f) The term “emergency”, as referenced above, shall be defined in this context as work required to assess or address a non -scheduled incident requiring immediate attention at the risk of financial or catastrophic loss to the City. “Emergency” shall also be defined to include assessment by standby personnel regarding whether an incident qualifies as an emergency.

g) Standby personnel shall have dis cretion to designate their own work as “emergency” work, as defined above. Standby personnel shall also have discretion to designate the work of one (1) other employee, as needed, as “emergency” work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as “emergency” work.

ARTICLE 12: RETIREMENT BENEFITS

Section 1. Participation

The City participates in the California Public Employees’ Retirement System (CalPERS) and is subject to the payroll contribution reporting requirements therein.

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one-year salary.

Effective the first full pay period in July 2011 employees in this group (pre-7-1-11) will pay three (3%) percent of the Employees’ portion of the CALPERS retirement system. The City shall pay the remaining employ ee contribution (5%); provided, however said payments shall not exceed the full employee portion of 8%. These payments are not 231
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

For the purposes of any future comparisons of the level of compensation of employees covered by this Agreement with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries. These payments shall be credited to the employees' accounts with PERS.

Employees in this group (post 7-1-11) will pay the full employee portion of the CALPERS retirement system.

Tier III
Employees hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “fin al compensation” will be based on the highest consecutive average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.

Section 2. 1959 Survivor's Benefit

The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section 3. PERS Military Buy-Back
The agreement between the City and PERS shall allow for the buy -back of time served by the employee in the Military as defined under PERS Regulation, Section 21024, Statutes of 1976.

Section 4. Health Insurance for Retired Employees
All employees hired prior to June 30, 1990, who retire from the City (i.e. begin to draw from their PERS retirement accounts) and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City’s contributions towards retiree medical insurance shall not exceed the actual costs for the employee or employee and spouse, based on the City Kaiser Rate. Employees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to receive City paid retiree dental insurance for the employee or the employee and spouse.

Employees who are ineligible for City paid retiree health insurance may elect upon retirement to continue medical and dental coverage at their own expense (including a reasonable administrative fee, not to exceed the statutory maximum for continuation 232
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

Page 12 ends

Exhibit A

coverage set forth under applicable law) through the City's medical and dental plans.

The City will reimburse the cost of the standard Part “B” Medicare premium, which is $134 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. This cost is automatically withdrawn from those employees' Social Security checks. Employees must supply the City with proof of payment of said coverage, and will be reimbursed on a quart erly basis. No retroactive reimbursements will be given.

ARTICLE 13: RETIREE MEDICAL TRUST (July 2024)

Section 1. Definition

The City will make agreed upon contributions on the employee’s behalf (see Section 4 below) into a Retiree Trust established by the Teamsters Local 1932, also known as the Teamsters Local 1932 Health and Welfare Trust Agreement (“Trust Agreement”).

The City will review the trust documents and other provisions to ensure that the City will not be held liable or carry any obligation to the trust, other than making the agreed upon contributions on the employee’s behalf. If the City finds a liability under the Trust Agreement, the City shall meet with the Union to show such liability. In this case, the contributions outlined below will not commence.

If no liability exists, the City’s contributions on the employee’s behalf into the Retiree Trust shall commence, with no questions, on July 12, 2025 (the beginning of the first full pay period following July 1 st). The Trust Agreement is a Teamsters sponsored trust that constitutes a Voluntary Employees' Beneficiary Association (VEBA) under section 501(c)(9) of the Internal Revenue Code. The Retiree Trust will provide eligible retirees of a Teamsters represented bargaining unit, without rega rd to union membership, with certain healthcare benefits, the terms of which are summarized in Section 2 below.

Section 2.

The Union acknowledges that:
i. The City is not a party to any part of the Trust Agreement, including but not limited to the Retiree Trust,
ii. The City is not subject to the terms of the Trust Agreement or any union welfare benefit plan or other arrangement funded by the Trust Agreement, and the City has no responsibility or authority whatsoever for providing or overseeing any benefits provided under the Trust Agreement or any such plan or arrangement, iii. The preceding statements will continue to apply on and after the City adoption of and expiration of this article, and
iv. The City's sole obligation under this Article is to distribute employee contributions to the Retiree Trust in accordance with Section 4 below. 233
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

Page 13 ends

Exhibit A

Subject to the preceding paragraph, certain features of the Retiree Trust under the Trust Agreement are summarized below. Teamsters agrees that if at any time the provisions summarized below differ from or are inconsistent with the Retiree Trust (or any welfare benefit plan or arrangement funded by the Retiree Trust), or if the Trust Agreement's VEBA status is an issue or under investigation by any Federal or State enforcemen t authority, Teamsters shall notify the City in writing as soon as administratively practicable but no later than fourteen (14) days from the effective date of any of the issues described above.

Section 3. Benefits

The assets of the Retiree Trust are dedi cated to providing retiree healthcare benefits to eligible retirees and paying the administrative expenses incurred by the Retiree Trust (or any welfare benefit plan or arrangement funded by the Retiree Trust). The benefits will meet the definition of coverage under Section 106 of the Internal Revenue Code. In accordance with Section 106, the benefits may be in the form of reimbursement of eligible healthcare expenses ("Retiree Subsidy") or retiree healthcare coverage. The City’s contribution on the emp loyee’s behalf shall not increase or decrease based on the cost of healthcare premiums, amount of the Retiree Subsidy, or coverages offered by the plans in the Retiree Trust. Under no circumstance shall the City be obligated to deduct from an employee's pay warrant any amount greater than the fixed percentage of an employee's base rate of pay as outlined below.

Section 4. Contributions

Effective July 12, 2025, the City shall contribute one percent (1.0%) of each employee’s base rate of pay on the employee’s behalf to the Retiree Trust.

Effective July 11, 2026, the City’s contribution will increase by one -half percent (0.5%), bringing the total contribution to 1.5% of each employee’s base rate of pay on the employee’s behalf to the Retiree Trust.

All contributions shall be made on a bi-weekly basis, based off 26 pay periods within the calendar year.

Section 5. Grievance

No aspect of the Trust Agreement, including but not limited to the Retiree Trust component or any benefit provided through or funded by the Trust Agreement or Retiree Trust component, is subject to review through the Grievance Procedure. In that to the extent the Trustees determine to terminate the healthcare coverage for retirees, the City would be notified of such termination 120 days prior to the date of termination. Teamsters Local 1932 shall defend, indemnify, and hold harmless the City and its officers, employees, and agents, from any claim, loss, liability, cause of action, or administrative proceeding arising out of the terms of the Retiree Trust or from any and all decisions and 234
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

actions made by the Retiree Trust.

ARTICLE 14: DEFERRED COMPENSATION
Effective the beginning of the pay period following July 1, 2023, the City shall match employee contributions of up to $50.00/pay period (based on 24 pay periods within a calendar year) into a 457(b) account managed by the City’s 457(b) provider. (July 2021)

ARTICLE 15: LONGEVITY PAY

Longevity pay shall be paid to all employees who complete a minimum of ten (10) years of service at the rates indicated in Section B of this Article. Completed years of service will be calculated on a calendar year (January 1 through December 31). An employee will be presumed to have completed a full year of service for purposes of this Article if the employee’s anniversary date (service year completion date) falls within the calendar year.

For example, if the City intends to issue the longevity payment on December 1, an employee completing 15 years of service on December 12 will be credited with 15 years of service for entitlement to the 15 -year longevity payment on December 1. Employees shall receive longevity pay via direct deposit by electing one form of payment below:
 A bi-weekly basis, equal to the amount indicated in Section B (i.e., a prorated portion of the annual longevity payment will be provided with each paycheck) and will be included on the employee’s next regular paycheck following eligibility, OR  A one-time per year payment, payable in December.

Employee’s longevity payments shall cease upon termination of employment. The employee may not change their payment option once they elect to receive it bi -weekly.

For current employees (employees who were part of this Union prior to July 1, 2021) payment election must be subm itted to the Human Resources Department on or before October 1st of each year to be effective the beginning of the pay period following January 1st of the following year. If an election is not made by the deadline indicated above, the employee will be subject to the bi-weekly payment indicated above. Any new employees (on or after July 1, 2021) shall be subject to the bi-weekly payment.

A. Annual longevity payments will be made based on completion of the following applicable length of service in the following amounts:

10 years or more of continuous service $ 1,750.00
15 years or more of continuous service $2,250.00
20 years or more of continuous service $2,750.00
25 years or more of continuous service $3,250.00

B. Longevity payments will be reported to PERS as compensation earnable for the purpose of calculating retirement benefits and contributions. 235
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

ARTICLE 16: CALL BACK PAY

The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after their regular shift is completed and they have left their assigned work site.

ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES The Union will represent those regular classified twelve (12) month part-time employees ("classified" refers to those classifications formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing City Hall bargaining unit (hereinafter "Regular/Classified Part -Time Employees or RCP employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in this MOU, except as provided herein. The parties expressly agree that Regular Part -Time Employees do not include: (a) seasonal or temporary employees; or (b) employees who are either supervisory, management or confidential.

RCP Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%)) and shall be compensated for City designated holidays, including floating holidays (currently 14 total holidays in 2017), based upon the employee’s normal work schedule regardless if they are scheduled to work on the actual date of the holiday. The value of the holiday will be based on employee’s normal scheduled hours for that day. RCP Employees shall not be eligible for longevity pay, or certificate bonuses. Part-time employment shall not count towards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award program. RCP employees are eligible for BENCOR 401(a) FICA Alternative Plan, or upon reaching 1,000 hours in a fiscal year, California Public Employees Retirement System (CalPERS). Employees will pay applicable employee portions.

Regular Part -Time Employees shall be eligible to participate in a Cafeteria Plan designated by the City, and shall receive a contribution equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall include medical insurance, dental insurance, life insurance, and long -term disability insurance.

Employees who do not utilize the full dollar amount of the City's contribution in selecting benefits in the plan, shall receive the unused portion as “cash back.”

To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that such benefits and conditions would apply to R CP Employees on a pro -rata basis where such benefits are conditioned upon, or in any way related to hours worked or length of service.

ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS

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Exhibit A

the employee is normally assigned, shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.

a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any floating six-month period.

b) The employee must perform all the duties and assume all the responsibilities of the higher class.

c) Compensation for acting appointments shall be limited to the temporary filling of a vacant, regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted position, where the needs of the City require that the position be filled.

d) The City Manager must approve all such appointments based upon a finding that the criteria set forth in this paragraph have been met.

ARTICLE 19: STANDBY DUTY

Section 1. Definition of Standby

An employee who is assigned to be near at hand and ready to respond immediately to an emergency is on standby. Employee's assigned to standby are required to be immediately available by telephone (home or cell). Employees within specifically identified classifications shall be required to perform standby duty to receive and handle emergency work during those hours when their Department is closed. Standby duty shall be performed in addition to the employee's regular assignme nt. The Department will attempt to utilize volunteers to fill standby assignments, however, if there are no qualified volunteers, the Department reserves the right to make the required standby assignments.

Section 2. Eligibility

An employee may be eligible to be placed on the standby list once the employee has received sufficient training attested to by the Director or their designee; and has an overall performance evaluation rating of satisfactory or better.

Employees who hold the following classifications may be required to perform standby duty and will be eligible for standby pay:

Building Inspector I
Building Inspector II
Senior IT Technician*
Public Works Inspector
Senior Building Inspector
Lead Traffic Signal Maintenance Technician
237
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

Page 17 ends

Exhibit A

Traffic Signal Maintenance Technician I
Traffic Signal Maintenance Technician II

* Employees assigned to standby duty in the Innovation & Technology Department shall rotate standby responsibilities on a weekly basis, as assigned. When on Stan dby status, the standby employee must respond to the work site within two (2) hours if the problem cannot be corrected via remote access.

The City may designate additional positions for standby as recommended by department director(s) and approved by the Director of Human Resources & Risk Management to meet the service needs of the City.

Section 3. Assignment to Standby

Standby assignments will be made by the Department Director or their designee(s) who shall establish a schedule for a specified period of time. The Director may change and/or modify the standby schedule as deemed necessary to ensure that the City's goals and objectives are achieved. All changes and/or modifications are subject to the providing affected employees with a minimum of two weeks written notice.

Section 4. Authority for Emergency Call Out

If additional personnel are required to perform an emergency assignment, the standby person is authorized to call out appropriate personnel or the signal maintenance contractor in accordance with the instructions provided by the Director or their designee.

Section 5. Standby Compensation
Effective February 8, 2025, an employee assigned to standby duty will be compensated at a rate of $300.00 per week, and will be entitled to overtime as provided for herein for any time worked as a result of being on standby and responding to a situation. (July 2024)

ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS
Section 1. Budgetary Underfill

Due to financial constraints, Departments may find it necessary to underfill higher allocated positions with lower, less expensive positions. If such an appointment is made for budgetary purposes, the incumbent shall remain at the lower classification, and shall not be assigned the duties of the higher allocated position.

Section 2. Trainee Underfill
In the absence of an eligibility list for the allocated position, departments may choose to utilize a lower classification position within the classification family. This type of underfill can expedite the filling of a vacancy. A Trainee underfill must be appointed from an appropriate eligibility list (i.e., lower classification within the classification family), and 238
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

appointments must be made on a competitive basis. The employee must qualify for the higher classification within a specified period of time as outlined in the Trainee Underfill Agreement or be terminated. The employee shall be required to qualify by one or more of the following:

(1) Additional Experience;
(2) Additional Schooling;
(3) Possession of State Certification or license;
(4) Probationary period progress report;
(5) Successful completion of an appropriate examination.

Employees who are appointed as a Trainee underfill will not be entitled to any compensation for taking on the job duties and responsibilities of the higher classification during the Trainee period.

It will be the responsibility of the employee and their supervisor to notify the Human Resources & Risk Management Department when the employee appears eligible for promotion to the allocated position. An application form for the higher classification must be completed by the employee, and forwarded to the Human Resources & Risk Management Department along with a signed memo from their Department Head indicating that they are requesting a review of the employee's current status to determine eligibility for the promotion.

The Human Resources & Risk Management Department will review the application and inform the Department Head of the effective date of the promotion if the employee is eligible.

ARTICLE 21: LAYOFFS

The City agrees to notify the Union representatives at least 30 calendar days prior to the imposition of furlough days for Union employees.

ARTICLE 22: MERIT INCREASES

Merit increases will be 5% increments beginning with Step 1 and ending with Step 5.

ARTICLE 23: SHORTS OPTION

Field personnel may wear neutral or dark solid colored walking shorts if appropriate for the job. Upon the occurrence of the first injury attributable to wearing short pants (vs. long pants) the City and the Union agree to meet and confer.

ARTICLE 24: ACCESS TO WORK LOCATIONS

The parties recognize and agree that in order to maintain good employee relations, it is sometimes necessary for Labor Relations Representatives of the Teamsters Local 1932 239
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

to confer with City employees during working hours.

Therefore, Teamsters Local 1932 Labor Relations Representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals when so necessary. Teamsters Local 1932 Labor Relations Representatives shall be granted access upon obtaining authorization from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representa tive may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority shall not unreasonably withhold timely access to work locations. The appointing authority shall ensure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the appointing authority or designated management representative shall establish a mutually agreeable time for access to the employee.

Teamsters Local 1932 Labor Relations Representatives granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.

The appointing authority or designated management representative may mutually establish with the Teamsters Local 1932 Labor Relations Representative reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with Union's access to work locations.

ARTICLE 25: EMPLOYMENT-RELATED UPDATES

During the term of the MOU, a joint labor/management committee shall meet and confer on the City’s proposed changes to the Employer-Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana Personnel Rules and Regulations. (July 2017)
ARTICLE 26: HEALTH AND SAFETY COMMITTEE
A joint labor/management committee shall be established with equal Teamsters Local 1932 and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwise determined by the committee. The committee shall be comprised of an equal number of representatives from the Public Works and City Hall Unions.
240
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

Page 20 ends

Exhibit A

ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY

Beginning in September 2018, the City shall provide a one-time graduation stipend to non-probationary employees as follows for possessing the corresponding, job -related degree, from an accredited college or university:

Bachelor’s Degree: $2,000.00
OR
Master’s Degree: $3,000.00*
*or $1,000.00 upon attainment of a Master’s Degree when the Union member has previously received the one-time graduation stipend for a Bachelor’s Degree.

The City agrees that by September 30, 2018, the City will compensate all current Union members that hold job-related degrees, as indicated by the provisions outlined above, a one-time graduation stipend. Moving forward, educational achievement pay will be paid annually by September 30th of each year for those non -probationary employees who obtain a degree, as outlined above, during th e course of their employment with the City of Fontana. In order to be eligible to receive education pay in September, the degree must have been conferred to the employee by August 1st of the same year. The Union will submit the appropriate documentation to the Human Resources & Risk Management Department in August of each year for those eligible employees. If a degree is found to be not job-related, the City will meet and discuss the item with the Union prior to denial.

In addition, beginning September 2018, employees will no longer be eligible for the City’s Educational Expense Reimbursement Program. (July 2017)

ARTICLE 28: WELLNESS

The City shall allow all employees represented by the Union use of the Miller and North Fontana Fitness Centers (ONLY) a t no cost to the employee. Use of the centers is at each employee’s own risk and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of the Fitness Center usage, not subject to grievance. (July 2013)

ARTICLE 29: UNIFORMS
Section 1. Uniform Allowance (July 2021)
Effective December 28, 2024 (the beginning of the pay period containing January 1 st), a uniform allowance in the amount of $15.39 per pay period (approximately $400.00 per year based on 26 pay periods within a calendar year) will be paid to field employees holding the classification of C ode Compliance Inspector or Sr. Code Compliance Inspector who are required to wear a uniform on a daily basis.

The uniform allowance is intended for the purchase and maintenance of uniforms. The 241
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

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Exhibit A

City may request verification of annual uniform purchase or maintenance at anytime if abuse is reasonably suspected.

Section 2. Boot Reimbursement

The City will provide up to a $200.00 reimbursement, once a calendar year, for the purchase of one pair of minimum 6-inch shaft work boots meeting OSHA standards, upon proof of purchase, for all employees that are required to wear work boots as defined by Department guidelines.

Section 3. State Labor Code Requirements

All employees receiving a uniform allowance and boot reimbursement must be in compliance with their respective Department’s existing policies and procedures, or as directed. The City will compensate any eligible employee for the repair or replacement of clothing or equipment damaged or destroyed in direct consequence of the discharge of their duties in accordance with State Labor Code Section 2802. (July 2021)

ARTICLE 30: SEVERABILITY

If any article of this Agreement shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section shall be deemed to be null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Agreement, and all other provisions hereof shall continue in full force and effect.

ARTICLE 31: LOCAL UNION ACTIVITIES

The City will provide the City Hall Union one hundred (100) hours per Fiscal Year for steward meetings, trainings, new employee orientations, and executive board meetings.

Requests must be made to th e employee’s immediate supervisor a minimum of five (5) days in advance.

ARTICLE 32: GRIEVANCE PROCEDURE
The official procedure for all grievances can be found in the City’s Personnel Rules and Regulations Rule XIV – Grievance, Appeals, and Hearings. (July 2021)

ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY

All payments will be paid via direct deposit.
242
TEAMSTERS LOCAL 1932, CITY HALL BARGAINING UNIT
JULY 1,2024 – JUNE 30, 2027

Page 22 ends

Exhibit A

RATIFIED BY CITY COUNCIL: Tentative Agreement (including updated salary tables) on December 10, 2024, Closed Session
Official Ratification on January 28, 2025, Consent
Calendar

CITY OF FONTANA TEAMSTERS LOCAL 1932, CITY

HALL UNIT
243
Exhibit B

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932,

PUBLIC WORKS UNIT

COVERING THE PERIOD OF
JULY 1, 2024 THROUGH JUNE 30, 2027
244
Exhibit B

TABLE OF CONTENTS
ARTICLE 1: RECOGNITION ........................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES ........................................................................ 1 ARTICLE 3: NO DISCRIMINATION ................................................................................. 2 ARTICLE 4: UNION MEMBERSHIP ............................................................................... 2 Section 1. Dues Deduction ........................................................................................... 2 Section 2. Hold Harmless Clause ................................................................................. 2 Section 3. Employee's Right to Revoke Agency Shop ................................................. 2 ARTICLE 5: WAGES ...................................................................................................... 2 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES .......................................... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE ........................................................................... 4 Section 1. Personal Leave Accrual............................................................................... 4 Section 2. Leave Accrual Limits .................................................................................... 4 Section 3. Pre-Election of Leave Cash Out (July 2024) ................................ ................................ ................ 4 Section 4. Negative Leave Usage ................................................................................ 6 ARTICLE 8: BILINGUAL PAY .......................................................................................... 6 ARTICLE 9: CERTIFICATE PAY ..................................................................................... 6 ARTICLE 10: HEALTH BENEFITS .................................................................................. 6 Section 1. Health Insurance .......................................................................................... 6 Section 2. Health Insurance Benefits While on Leave ................................................... 7 ARTICLE 11: OVERTIME AND COMPENSATORY TIME ............................................... 7 Section 1. Overtime ..................................................................................................... 7 Section 2. Compensatory Time. ................................................................................... 7 ARTICLE 12: HOLIDAYS ................................................................................................ 8 Section 1. Holidays Observed ...................................................................................... 8 Section 2. Floating Holidays ......................................................................................... 8 Section 3. Holiday Occurring on a Weekend ................................................................ 9 Section 4. Compensation for Working Holidays ........................................................... 9 Section 5. Eligibility for Holiday Pay ............................................................................. 9 Section 6. Winter Holiday Closure ................................................................................ 9 245
Exhibit B

Section 6.1. Hours Worked During the Winter Holiday Closure .................................. 10 ARTICLE 13: RETIREMENT BENEFITS ....................................................................... 11 Section 1. Participation .............................................................................................. 11 Section 2. 1959 Survivor's Benefit .............................................................................. 12 Section 3. PERS Military Buy-Back ............................................................................ 12 Section 4. Health Insurance for Retired Employees ................................................... 12 ARTICLE 14: RETIREE MEDICAL TRUST (July 2024) ................................ ................................ ..................12 Section 1. Definition .................................................................................................... 12 Section 2. .................................................................................................................... 13 Section 3. Benefits ...................................................................................................... 13 Section 4. Contributions .............................................................................................. 14 Section 5. Grievance ................................................................................................... 14 ARTICLE 15: COMMERCIAL DRIVER’S LICENSE (CDL) PROGRAM ........................ 14 Section 1. .................................................................................................................... 14 Section 2. CDL Licensure Requirements ................................................................... 15 Section 3. CDL Stipend .............................................................................................. 15 ARTICLE 16: LONGEVITY PAY .................................................................................... 16 ARTICLE 17: CALL BACK PAY .................................................................................... 16 ARTICLE 18: REGULAR PART-TIME EMPLOYEES .................................................... 16 ARTICLE 19: COMPENSATION FOR ACTING APPOINTMENTS ................................ 17 ARTICLE 20: STANDBY DUTY ..................................................................................... 17 Section 1. Assignment to Standby ............................................................................. 17 Section 2. Standby Compensation ............................................................................. 17 ARTICLE 21: LATERAL TRANSFER CONSIDERATION .............................................. 18 ARTICLE 22: LAYOFFS ................................................................................................ 18 ARTICLE 23: MERIT INCREASES ................................................................................ 18 ARTICLE 24: UNIFORM ALLOWANCE AND BOOT REIMBURSEMENT ..................... 18 ARTICLE 25: ACCESS TO WORK LOCATIONS .......................................................... 19 ARTICLE 26: LOCAL UNION ACTIVITIES .................................................................... 19 ARTICLE 27: HEALTH AND SAFETY COMMITTEE ..................................................... 20 ARTICLE 28: JOINT LABOR/MANAGEMENT COMMITTEES ...................................... 20 246
Exhibit B

ARTICLE 29: WELLNESS ............................................................................................. 20 ARTICLE 30: SEVERABILITY ....................................................................................... 20 ARTICLE 31: DIRECT DEPOSIT .................................................................................. 20 247

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Exhibit B

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA AND
TEAMSTERS LOCAL 1932, PUBLIC WORKS UNIT

This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932, Public Works Unit (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all classifications set forth on the Public Works Unit’s salary table commencing on July 1, 2024 and ending June 30, 2027.

The City and Union acknowledge that the City is working through the implementation of a new Human Resources & Payroll System (“System”) during the term of this MOU. The completion and readiness of the System shall be a reopener as to all issues that are impacted. To the extent the System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation (July 2020).

It is important to note that any monetary changes listed in this contract will be effective February 8, 2025, unless stated otherwise.

ARTICLE 1: RECOGNITION

For purposes of meeting and conferr ing on wages, hours and working conditions and general representation of its employees, formal recognition is hereby granted to the Union.

ARTICLE 2: CITY PERSONNEL RULES

It is understood and agreed that there exists within the City, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memoranda of Understanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the City Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Union shall be consulted as soon as possible on the change.

The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows:

Public Works Unit Representative (maximum of 2) – 1 electronic copy Union Business Agent – 1 copy (electronic and printed form) 248

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Exhibit B

The Union agrees to print and distribute all copies of the MOU and the Personnel Rules and Regulations, as approved by the City Council, for each current and subsequent new employee at their expense.

ARTICLE 3: NO DISCRIMINATION

Neither the City nor the Union shall unlawfull y discriminate, retaliate, or otherwise suffer violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti -discrimination law, in any way against any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee or member for any lawful act relating to their employment or Union membership.

ARTICLE 4: UNION MEMBERSHIP

Section 1. Dues Deduction

Employees will be allowed to have insurance premiums deducted from their paycheck to cover insurances offered by the Teamster Local 1932. Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs.

Section 2. Hold Harmless Clause

Section 3. Employee's Right to Revoke Agency Shop

Nothing herein shall be construed to modify employees' rights to revoke the Agen cy Shop provision of this MOU pursuant to the procedures set forth in Government Code Section 3502.5(b).

ARTICLE 5: WAGES

All employees as of December 10, 2024, shall receive a one -time payment of $2,000.00 (paid no later than December 13, 2024). This on e-time payment will not be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.
249

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Effective January 11, 2025, each employee/classification represented by the Union shall receive a 4.0% base salary increase.

Effective July 12, 2025 (the beginning of the first full pay period following July 1st), each employee/classification represented by the Union shall receive a 4.0%* base salary increase.
*Note: Total benefit as of July 12, 2025, equates to 4.0%, with 1.0% base salary going towards Retiree Medical Trust. Refer to Article 14 for additional information regarding the Retiree Medical Trust.

Effective July 11, 2026 (the beginning of the first full pay peri od following July 1st), each employee/classification represented by the Union shall receive a 3.0%* base salary increase.
*Note: Total benefit as of July 11, 2026, equates to 3.0%, with an additional 0.5% base salary going towards Retiree Medical Trust. Re fer to Article 14 for additional information regarding the Retiree Medical Trust.

ARTICLE 6: WORKING HOURS AND WORK SCHEDULES

It is not the City's intent to eliminate the 4/10 work schedule for Union employees. The City agrees to meet and confer with emp loyees in the Union should it propose to change or modify the 4/10 work schedule.

The City Manager or designee(s) may change the work hours and/or days within the 4/10 work schedule for employees upon fourteen (14) calendar days’ notice to the affected employee. The Department Head or designee(s) will meet and discuss with any affected employees any proposed change of starting and ending times prior to the notice being issued. Changes in work schedules are intended to be of a permanent nature or for an extended period of time.

Notwithstanding the above, employees hired prior to 2005 cannot be assigned to work more than eight (8) weekends in any calendar year, except in emergency situations. All new employees, or employees called back from the re-employment list, may be subject to a work schedule which includes weekend work without limitation. 250

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ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE

CASH OUT AND NEGATIVE LEAVE USAGE
Section 1. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

Section 2. Leave Accrual Limits

Effective February 8, 2025 (beginning of the pay period following contract ratification), employees agree that the total number of personal leave hours which can be accrued in their leave bank at any given time is a maximum of two and one half (2.5) times the employee’s annual personal leave accrual. The application of the maximum accrual limit will be made on a pay period by pay period basis. Once the maximum accrual limit is met, employees will cease to accrue personal leave time until the next pay period in which they have reduced their personal leave below their accrual limit.

The City Manager, at their discretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two and one half year accrual limit and/or the 120 hour maximum, when such pa yment has been determined to be in the best interest of the City. In the 2024 contract, the City increased the leave time eligible for cash out in exchange for implementing the leave accrual cap on a pay period -by-pay period basis.

Section 3. Pre-Election of Leave Cash Out (July 2024)

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 Personal Leave - An amount which may not exceed the number of personal leave hours the employee may accrue in the following calendar year.

 Compensatory Time – An amount which may not exceed the projected number of compensatory time hours the individual employee may receive in the following calendar year.

1. The maximum amount of leave time (personal leave compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is one hundred twenty (120) hours per calendar year

To Be Paid By
 On or before July 31st
 On or before the second Friday in December

3. The cash out shall be paid at the employee’s base rate of pay that is in effect at the time of such cash out.

4. Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.

5. The cash out is subject to the pre -elected leave being available. If an employee uses more leave than anticipated to where it would affect the amount of leave cashed out, the amount of leave cashed out will be adjusted to reflect the leave used, provided that the employee maintains a minimum b alance of 80 hours in their leave bank after the cash out.

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years shall not result in a reduction in the amount of vacation and/or compensatory time hours the employee is eligible to cash-out.

8. Participation in the pre -election of leave cash out is optional. Employees who do not submit an irrevocable election form by December 1st of each year will be considered as opting out of the optional “leave cash out” for the following calendar year.

Section 4. Negative Leave Usage

Except as set forth below, employees may only use time already accrued. The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written ded uction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck

ARTICLE 8: BILINGUAL PAY

ARTICLE 9: CERTIFICATE PAY

The maximum incentive an employee may earn is 2.5% of base salary regardless of the number of certificates earned/acquired.

Mechanics possessing an Automotive Service Excellence (ASE) Certification through the National Institute shall be eligible for Certificate Pay at the rate of 2.5% of base salary payable on a biweekly basis. To be eligible for this benefit, certifications must be related to the employee’s current job classification/job performance and mu st be approved, in advance, by the Department Director. Certificate Pay shall cease if employee’s certification expires and is not renewed or if the employee changes job classification and the certificate is no longer job related.

ARTICLE 10: HEALTH BENEFITS

Section 1. Health Insurance

Effective January 1, 2026, except as provided below, each month the City shall contribute to a cafeteria plan on behalf of each employee an amount equal to the total of the premiums for coverage under the lowest cost HMO insurance and the high option dental family rate (for employee plus one tier, dental premiums are calculated at the employee plus child rate) + $100 per tier (not including the cash back option). The tier (employee only, employee + 1, or employee + family), otherwise referred to as the applicable 253

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cafeteria allotment, is based off the employee’s medical insurance enrollment. The City’s contribution shall not exceed the actual expenditures for the aforementioned coverage.

The amount that employees may receive under the City’s Cafeteria cash back option shall be limited to $558.35 per month.

Example:

Cafeteria
Allotment
(Tier)

Up to Amount
Cash Back Option Up to $558.35 (waive coverage)
Employee Only Up to Lowest Cost HMO Premium (Emp Only) + Dental High Option Premium (Emp Only) + $100.00
Employee + 1 Up to Lowest Cost HMO Premium (Emp +1) + Dental High Option Premium (Emp + Child) + $100.00
Employee + Family Up to Lowest Cost HMO Premium (Emp + Family) + Dental High Option Premium (Emp + Family) + $100.00

Section 2. Health Insurance Benefits While on Leave

Employees who are eligible for disability insurance pay will receive health benefits for ninety (90) days. Thereafter, the employee must pay for health benefits.

ARTICLE 11: OVERTIME AND COMPENSATORY TIME

Section 1. Overtime.

Overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following exceptions: (1) leave time and/or floating holiday time required to be u sed for regularly scheduled work days during the City’s Winter Closure and (2) official and observed legal holidays (e.g., non - floating holiday time) during the calendar year and (3) Pre - approved/Pre-scheduled personal leave time and Jury Duty will consi dered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee.

Section 2. Compensatory Time.

An employee may not have accrued to their account at the end of any fiscal year more than one hundred (100) compensatory time off hours. The cash value of any hours in excess of one hundred (100) credited to the employee's compensatory time account on 254

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June 30 of each year, shall be paid at the salary rate in effect on June 30, and will be paid out in conjunction with the City's Leave Payout program.

ARTICLE 12: HOLIDAYS
Section 1. Holidays Observed
The following days shall be observed by the City as paid holidays:

Section 2. Floating Holidays

Implementation of Updated Benefit: For the 2024/2025 Fiscal Year, any floating holiday hours that have not already been received will be deposited during the February 8, 2025 – February 21, 2025 pay period. For example, if an employee is on a 4/10 work schedule, they shall receive the remaining one (1) Floating Holiday, or ten (10) hours of floating holiday hours, during the February 8, 2025 – February 21, 2025 pay period. Using the same methodology, any new employees hired between February 8, 2025 and June 30, 2025, who have not received a total of four (4) Floating Holidays in the 2024/2025 Fiscal Year, will receive the remaining one (1) Floating Holiday upon hire. (July 2024). 255

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Floating holidays must be used within the fiscal year earned and may not be carried over from year to year. Floating holiday time not used by June 30 th, of each year will be forfeited by the employee.

Section 3. Holiday Occurring on a Weekend

Holidays that fall on an employee's Friday off, will be observed on the prior Thursday, as will holidays occurring on Saturdays. Holidays occurring on Sunday will be observed on the following Monday. Holidays that otherwise fall on an employee's normal day off will be converted to a Floater with the same ho ur equivalent as the employee's regular schedule for that day (8, 9, or 10 hours). For those employees who have an alternate schedule outside of the Monday through Thursday schedule, in which Independence Day (July 4th) and Veteran’s Day (November 11th) falls on their normally scheduled work day, the holiday shall be observed on the actual date. Unless specifically approved by the Department Head in writing, employees will be off on the holiday as stated.

Section 4. Compensation for Working Holidays

Section 5. Eligibility for Holiday Pay

Section 6. Winter Holiday Closure

The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows:
2024: December 24, 2024 through January 1, 2025
2025: December 24, 2025 through January 1, 2026
2026: December 24, 2026 through January 1, 2027
256

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Exhibit B

Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event and leave without pay would result in an undue hardship, the City agrees to review such situations on an individual basis, and where possible, provide alternatives which may help mitigate their situation. Employees requesting such consideration, must submit their request in writing to the Human Resources Director prior to December 15th of each year.

Section 6.1. Hours Worked During the Winter Holiday Closure

a) Article 11 of this MOU generally prohibits the application of any overtime rate unless the employee “actually worked in excess of forty (40) hours in a workweek.”

c) Article 12 Section 6 of this MOU requires employees to utilize their personal paid leave time to cover any time during their regular shift not actually worked on those days during the Winter Holidays Closure that are not already paid holidays

d) Article 12 Section 6 of this MOU does not require tha t the City to apply a full shift of paid leave for each non -holiday day in the Winter Holiday Closure, thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift.

e) If an employee is called in on an “emergency” basis du ring the Winter Holiday Closure, such time would not result in the reduction of use of that employee’s paid leave time on the day in question. Thus, the employee would use a full shift of paid leave as if no actual hours had been worked, and such emergency hours would be counted as additional time toward the overtime calculation. f) The term “emergency”, as referenced above, shall be defined in this context as work required to assess or address a non -scheduled incident requiring immediate attention at the risk of financial or catastrophic loss to the City. “Emergency” shall also be defined to include assessment by standby personnel regarding whether an incident qualifies as an emergency. 257

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g) Standby personnel shall have discretion to designate his or her own work as “emergency” work, as defined above. Standby personnel shall also have discretion to designate the work of one (1) other employee, as needed, as “emergency” work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as “emergency” work.

ARTICLE 13: RETIREMENT BENEFITS

Section 1. Participation

The City participates in the California Public Employees’ Retirement System (CalPERS) and is subject to the payroll contribution reporting requirements therein.

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final c ompensation" will highest one-year salary.

Effective the first full pay period in July 2011 employees in this group (pre -7-1-11) will pay three (3%) percent of the Employees’ portion of the CALPERS retirement system.

The City shall pay the remaining employee contribution (5%); provided, however said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

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The amount is approved by CalPERS each year and is subject to change.

Section 2. 1959 Survivor's Benefit
The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section 3. PERS Military Buy-Back

The agreement between the City and PERS shall allow for the buy -back of time served by the employee in the Military as defined under PERS Regulation, Section 21024, Statutes of 1976.

Section 4. Health Insurance for Retired Employees

All employees hired prior to July 1, 1990 , who retire (i.e., b egin to draw from their PERS retirement accounts), and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City’s contributions towards retiree medical employee and spouse shall not exceed the actual costs fo r the employee or employee and spouse, based on the City Kaiser rate. Employees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to receive City paid retiree dental insurance for the emplo yee or for the employee and spouse.

Employees who are ineligible for City paid retiree health insurance may elect, upon retirement, to continue medical and dental coverage at their own expense (including a reasonable administrative fee, not to exceed the s tatutory maximum for continuation coverage set forth under applicable law) through the City's medical and dental plans.

The City will reimburse the cost of the standard "Part B" Medicare premium, which is $134.00 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. (July 2017) This cost is automatically withdrawn from those employees' Social Security checks. Employees must supply the Ci ty with proof of payment of said coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given.

ARTICLE 14: RETIREE MEDICAL TRUST (July 2024)

Section 1. Definition

The City will review the trust plan documents and other provisions to ensure that the City 259

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Exhibit B

will not be held liable or carry any obligation to the trust, other than making the agreed upon contributions on the employee’s behalf. If the City finds a liability under the Trust Agreement, the City shall meet with the Union to show such liability. In this case, the contributions outlined below will not commence.

If no liability exists, the City’s contributions on the employee’s behalf into the Retiree Trust shall commence, with no questions, on July 12, 2025 (the beginning of the first full pay period following July 1 st). The Trust Agreement is a Teamsters sponsored trust that constitutes a Voluntary Employees' Beneficiary Association (VEBA) under secti on 501(c)(9) of the Internal Revenue Code. The Retiree Trust will provide eligible retirees of a Teamsters represented bargaining unit, without regard to union membership, with certain healthcare benefits, the terms of which are summarized in Section 2 below.

Section 2.

The Union acknowledges that:
i. The City is not a party to any part of the Trust Agreement, including but not limited to the Retiree Trust,
ii. The City is not subject to the terms of the Trust Agreement or any union welfare benefit plan or oth er arrangement funded by the Trust Agreement, and the City has no responsibility or authority whatsoever for providing or overseeing any benefits provided under the Trust Agreement or any such plan or arrangement, iii. The preceding statements will continue to apply on and after the City adoption of and expiration of this article, and
iv. The City's sole obligation under this Article is to distribute employee contributions to the Retiree Trust in accordance with Section 4 below.

Subject to the preceding paragraph, certain features of the Retiree Trust under the Trust Agreement are summarized below. Teamsters agrees that if at any time the provisions summarized below differ from or are inconsistent with the Retiree Trust (or any welfare benefit plan or arrangement fu nded by the Retiree Trust), or if the Trust Agreement's VEBA status is an issue or under investigation by any Federal or State enforcement authority, Teamsters shall notify the City in writing as soon as administratively practicable but no later than fourteen (14) days from the effective date of any of the issues described above.

Section 3. Benefits

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Exhibit B

of healthcare premiums, amount of the Retiree Subsidy, or coverages offered by the plans in the Retiree Trust. Under no circumstance shall the City be obligated to deduct from an employee's pay warrant any amount greater than the fixed percentage of an employee's base rate of pay as outlined below.

Section 4. Contributions

Effective July 12, 2025, the City shall contribute one percent (1.0%) of each employee’s base rate of pay on the employee’s behalf to the Retiree Trust.

Effective July 11, 2026, the City’s contribu tion will increase by one -half percent (0.5%), bringing the total contribution to 1.5% of each employee’s base rate of pay on the employee’s behalf to the Retiree Trust.

All contributions shall be made on a bi-weekly basis, based off 26 pay periods within the calendar year.

Section 5. Grievance

ARTICLE 15: COMMERCIAL DRIVER’S LICENSE (CDL) PROGRAM

Section 1.

All positions within the Union are required to have a CDL. All employees that do not have the required CDL with appropriate endorsement(s) for the classification they currently hold (as of August 8, 2017) will be grandfathered into the CDL program. However, if an employee wishes to promote or laterally transfer, they will be required to comply with the CDL licensure requirements below. Current employees are strongly encouraged to participate in the City’s training program to obtain a driver’s license class and other endorsements that may be needed for future promotional purposes.

The City will pay for the CDL medical exam for all employees that hold CDLs if they are seen by the City’s contracted medical provider. If an employee is unable to maintain the medical certification portion of their CDL, the City will engage in the interactive process. 261

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Exhibit B

Section 2. CDL Licensure Requirements

a. The following positions require an appropriate CDL with the appropriate endorsement(s). However, newly hired, promotional, or lateral transfer employees that possess a valid Driver’s License but not the appropriate CDL at time of application will be given six (6) months from time of appointment to obtain the appropriate CDL with appropriate endorsement(s):

Aquatics Maintenance Worker
Equipment Mechanic I
Equipment Mechanic II
Irrigation Technician
Mechanics Assistant
Public Works Maintenance Worker I
Public Works Maintenance Worker II
Welder/Fabricator

b. The following positions require a CDL with appropriate endorsement(s). Newly hired, promotional, or lateral transfer employees are required to possess the appropriate license and endorsement(s) at time of application:

Heavy Equipment Operator
Lead Equipment Mechanic
Public Works Crew Leader
Pump Maintenance Technician I
Pump Maintenance Technician II
Senior Public Works Maintenance Worker
Tree Trimming Specialist
The City will update the above lists annually as new classifications are established for this Union.

Section 3. CDL Stipend

Employees holding a valid Class “B” California Driver’s License shall receive a CDL stipend of $62.50 per pay period (based off 24 pay periods), and employees holding a valid Class “A” California Driver’s License shall receive a CDL stipend of $75.00 per pay period (based off 24 pay periods).
262

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Exhibit B

ARTICLE 16: LONGEVITY PAY
All Union employees will be eligible to receive an annual longevity payment. Completed years of service will be calculated on a calendar year (January 1 through December 31).

This payment will be included as reportable income to PERS. The payment will be issued on or before December 15th of each year and will be based on completed City of Fontana service in the following amounts:

10 years or more of continuous service $ 1,750.00
15 years or more of continuous service $2,250.00
20 years or more of continuous service $2,750.00
25 years or more of continuous service $3,250.00

ARTICLE 17: CALL BACK PAY

The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after their regular shift is completed and they have left their assigned work site.

ARTICLE 18: REGULAR PART-TIME EMPLOYEES

The Union will represent those regular classified twelve (12) month part -time employees ("classified" refers to those classifications formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing Union (hereinafter "Regular Part-time Employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in thi s MOU, except as provided herein. The parties expressly agree that Regular Part-time employees do not include: (a) seasonal or temporary employees; or (b) employees who are either supervisory, management or confidential.

Regular/Classified Part-Time (RCP) Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%) and shall be paid for City designated holidays only if the holidays occur on days which they are regularly scheduled to work. The value of the holiday will be based on employee’s normal scheduled hours for that day. RCP Employees shall not be eligible for longevity pay, or certificate bonuses. Part -time employment shall not count t owards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award program. RCP employees are eligible for the Public Agency Retirement System (PARS) or upon reaching 1,000 hours in a f iscal year the California Public Employees Retirement System (CALPERS). Employees will pay applicable employee portions.

Regular Part -time Employees shall be eligible to participate in a Cafeteria Plan designated by the City, and shall receive a contribut ion equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall 263

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include medical insurance, dental insurance, life insurance, and long -term disability insurance. Employees who do not utilize the full dollar amount of the City's contribution in selecting benefits in the plan, shall receive the unused portion as “cash back.” To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that such benefits and conditions would apply to Regular Part -time Employees on a pro -rata basis where such benefits are conditioned upon, or in any way related to hours worked or l ength of service.

ARTICLE 19: COMPENSATION FOR ACTING APPOINTMENTS

Subject to the following conditions, an employee who is required, on the basis of an acting appointment, to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.
a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any floating six-month period.

b) The employee must perform most of the primary duties and higher responsibilities of the higher class.

c) Compensation for acting appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted position, where the needs of the City require that the position be filled.

d) The Department Head, with concurrence of the Human Resources Director, must approve all such appointments based upon a finding that the criteria set forth in this paragraph has been met.
e) Acting appointments shall not exceed six (6) months.

ARTICLE 20: STANDBY DUTY
Section 1. Assignment to Standby

Standby assignments and requirements for employees assigned to standby duty will be determined by the Department Head or designee(s).

Section 2. Standby Compensation

An employee assigned to standby duty will be compensated at a rate of $250.00 per week, and will be entitled to overtime as provided for herein. In accordance with Article 264

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Exhibit B

XVI, Call Back Pay, the City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site.

ARTICLE 21: LATERAL TRANSFER CONSIDERATION

Initial consideration for all vacant positions within Union represented classifications will be given to Lateral Transfer request s. If there are multiple qualified candidates the following factors will be considered by management in making the selection: relative experience, past performance and seniority. Employees with attendance or disciplinary issues within the last twelve (12) months may be excluded. If it is determined that there is not a suitable Lateral Transfer, based on the factors listed, the recruitment may become a promotional or an open recruitment.

ARTICLE 22: LAYOFFS

The City agrees to notify the Union representatives at least thirty (30) calendar days prior to the imposition of furlough days for Union.

ARTICLE 23: MERIT INCREASES

Merit increases will be 5% increments beginning with Step 1 and ending with Step 5.

ARTICLE 24: UNIFORM ALLOWANCE AND BOOT REIMBURSEMENT

Uniforms required to be worn by employees during their regular duties, and the cleaning costs of the uniforms, will be provided by the City for Public Works Department employees. Employees may wear clean, non -tattered jeans as a substitute for uniform pants. In addition, the City will provide a uniform short which may be worn by Public Works employees if not inappropriate for the job. The uniform short shall not exceed a rental value of $1.00 per article and is provided when an employee begi ns work in a position that required a uniform to be worn. Upon the occurrence of the first injury attributable to wearing short pants (vs. long pants) the City and the Union agree to meet and confer on the issue of continuing the shorts option.

In accordance with Government Code Sections 20636 and 7522.3, and Sections 571 and 571.1 the California Code of Regulations, the monetary value, in an amount not to exceed $900.00, per year, per employee, for the rental and/or maintenance of required non-safety clothing, is reportable to CalPERS as a uniform allowance under the designation of statutory item as special compensation for Tier I and Tier II employees. This special compensation will be reported to CalPERS on a bi-weekly basis.

Boot Reimbursement: Effective March 12, 2022, the City will provide up to a $200.00 reimbursement, once a calendar year, for the purchase of one pair of either steel toed or composite-toed, minimum 6 inch shaft work boots meeting OSHA standards, upon proof 265

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of purchase (July 2020). This reimbursement is for the annual purchase of the required safety footwear and may be monitored by the City to confirm compliance. This amount shall not be reported to CalPERS as it is for personal health or safety and, therefore, ineligible to be reported.

ARTICLE 25: ACCESS TO WORK LOCATIONS

The parties recognize and agree that in order to maintain good employee relations, it is sometimes necessary for Business Agents of the Union confer with City employees during working hours.

Therefore, Union Business Agents will be granted access to work locations during regular working hours to investigate and process grievances or appeals when so necessary. Union Business Agents shall be granted access upon obtaining authorization from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representative may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority shall not unreasonably withhold timely access to work locations. The appointing authority shall insure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the appointing authority or designated management representative shall establish a mutually agreeable time for access to the employee.

Union Business Agents granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.

The appointing authority or designated management representative may mutually establish with the Union Business Agents reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees wh o may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with the Union's access to work locations.

ARTICLE 26: LOCAL UNION ACTIVITIES

The City will provide the Union one hundred (100) hour s per Fiscal Year for steward meetings, trainings, new member orientations, and executive board meetings. Requests must be made to the employee’s immediate supervisor a minimum of five (5) days in advance.
266

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Exhibit B

ARTICLE 27: HEALTH AND SAFETY COMMITTEE

A joint labor/management committee shall be established with equal Union and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwise determined by the committee. The committee shall be comprised of an equal number of representatives from the Public Works and City Hall Unions.

ARTICLE 28: JOINT LABOR/MANAGEMENT COMMITTEES

During the term of this MOU, a joint labor/management committee will be established, comprised of four (4) Union Stewards, one (1) Business Agent, and Department management. The purpose of this committee will be to discuss concerns including training, cross-training, use of Part-Time employees, workload, etc. These meetings will be scheduled depending on necessity, anticipated to be quarterly.

A joint labor/management committee shall also meet and confer on the City’s proposed changes to the Employer -Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana’s Personnel Rules & Regulations.

ARTICLE 29: WELLNESS
The City shall allow all employees represented by the Union use of the Miller and North Fontana Fitness Centers (Only) at no cost to the employee. Use of the centers is at each employee’s own risk, and sub ject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid gro unds for revocation of the privilege of Fitness Center usage, not subject to grievance.

ARTICLE 30: SEVERABILITY

Should any legal action be filed and upheld challenging the enforceability or validity of any economic provision of this Agreement, or if any provisions of this Agreement shall be held by a court of competent jurisdiction to be in conflict with any law of the United States or California, the City or the Union may, at its option, require the parties to meet and confer on a new Memorandum of Understanding.

ARTICLE 31: DIRECT DEPOSIT

All payments will be paid via direct deposit.
267

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Exhibit B

Ratified by City Council: Tentative Agreement (including updated salary tables) on December 10, 2024, Closed Session
Official Ratification on January 28, 2025, Consent Calendar

CITY OF FONTANA TEAMSTERS LOCAL 1932,

PUBLIC WORKS UNIT
268
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3502 Agenda Date: 1/28/2025
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Declaring a Portion of City-Owned Real Property on Lytle Creek Road Exempt Surplus Land, south of Duncan Canyon Road. Property is adjacent to the Ventana Specific Plan.

RECOMMENDATION:

Adopt Resolution No. 2025-005, declaring a portion of City-Owned Real Property on Lytle Creek Road Exempt Surplus Land.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by disposing of unused excess land to focus resources on maintaining and improving the city's existing infrastructure.

DISCUSSION:

This staff report pertains to 57,731 square feet of land located on Lytle Creek Road. The parcel contains an unused right-of-way with no through access, which has gone unused by the City. The parcel involved is described and depicted in the attached Exhibit A of Resolution No. 2025-005. The City no longer needs this parcel for street, right-of-way, or highway purposes. Once the land is declared exempt surplus, the City may vacate the parcel and convey the land to the adjacent landowner.

The staff has determined that the parcel in question may be declared “exempt surplus land” under the Surplus Land Act (“Act”).The Act provides for several exemptions including “landthat is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property” (Cal. Gov.

Code § 54221(f)(1)(E)). None of the characteristics under Gov. Code § 54221(f)(2) apply to the parcel. Staff recommends that the City Council adopt the attached Resolution, which makes the statutorily required declarations and findings to declare the land exempt surplus.

The Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.)(“CEQA”).Staff has determined that the land is exempt on the basis that any use of the land has already been reviewed and approved pursuant to a certified Supplemental Environmental Impact Report (“SEIR”)under the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq., on July 26, 2022. Therefore, the land is exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c) (3), because it is not a project as defined by the CEQA Guidelines, Section 15378.

FISCAL IMPACT:

There is no fiscal impact associated with declaring the land surplus.

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MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2025-105

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ,

CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT R EAL PROPERTY OWNED BY THE CITY

LOCATED AS SHOWN ON THE ATTACHED LEGAL DESCRIPTION ON

LYTLE CREEK ROAD , IS EXEMPT SURPLUS LAND FOR PURPOSES

STATED HEREIN , AND FINDING THAT SUCH DECLARATION AND

AUTHORIZATION IS EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Fontana (the “City” ) is the owner of that certain real property described in Exhibit “A”, attached and incorporated herein, which is located on Lytle Creek Road in the City of Fontana (“Property”); and WHEREAS, the Property is currently an unused right-of-way with no through access, and the City desires to vacate the right -of-way and convey the Property to an adjacent land owner; and
WHEREAS, upon vacating the right -of-way, the Property will be a former street, right-of-way, or easement, and may be subsequently conveyed to the owner of adjacent land; and
WHEREAS, the City no longer has any use for the Property and it is not part of the City’s General Plan Community Mobility and Circulation Element; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency’s use; and
WHEREAS, the Act exempts certain surplus land from its requirements, including (i) “land that is a former street, right -of-way, or easement, and is conveyed to an owner of an adjacent property” (Government Code section 54221(f)(1)(E)); and WHEREAS, Government Code section 54221(f)(1)(E) will apply to the Property at the time of the exchange, contingent on the occurrence of vacation of that portion of Lytle Creek Road.

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Fontana, California, as follows:

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Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council hereby declares that (i) the Property is surplus land and not necessary for the City ’s use, and (ii) the Property will be exempt from the Act pursuant to section 54221(f)(1)(E) for purpose of conveyance to the adjacent property owner. The bases for this declaration are the findings that:

A. The City will conduct a vacation of that portion of Lytle Creek Road prior to the conveyance;
B. The Property is being conveyed to the property owner of the land that is contiguous and adjacent to the Property, and
Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). Agency staff has determined that the designation of this property is exempt from further environmental review on the basis that any use of the Property has already been reviewed and approved pursuant to a certified Supplemental Environmental Impact Report (“SEIR”) under the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. (“CEQA”), on July 26, 2022.

Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remainin g portions of this Resolution.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 28th day of January 2025.

READ AND APPROVED AS TO LEGAL FORM:

__________________________________
City Attorney

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I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 28th day of January 2025, by the following to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______
City Clerk of the City of Fontana

_______
Mayor of the City of Fontana

ATTEST:
__________________________________
City Clerk

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EXHIBIT A

LEGAL DESCRIPTION

LYTLE CREEK ROAD VACATION

THAT CERTAIN PORTION OF LYTLE CREEK ROAD IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED PER RELINQUISHMENT RECORDED FEBRUARY 5, 1979 IN BOOK 9615 PAGES 1084 AND 1085 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING

WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND

MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 20327 IN BOOK 258 PAGES 37 THROUGH 40, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID SECTION 24 AS SHOWN PER SAID PARCEL MAP SOUTH 89°21'51" WEST 1475.62 FEET TO THE SOUTHEASTERLY LINE OF PARCEL 4477 RECORDED MARCH 17 1975 IN BOOK 8636 PAGE 3 OF

OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL 4477, SOUTH 00°38'03" EAST, 15.97 FEET AND SOUTH 53°47'30" WEST, 24.11 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTH FROM SAID NORTH LINE OF SECTION 24, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE AS DESCRIBED IN SAID PARCEL 4477 AND AS DESCRIBED IN PARCEL 4423 -1 RECORDED SEPTEMBER 10, 1976 IN BOOK 9009 PAGE 656 OF OFFICIAL RECORDS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THROUGH THE FOLLOWING COURSES:

SOUTH 53°47'30" WEST 23.64 FEET TO THE BEGINNING OF A NON -

TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,033.11 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 56°54'22" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, 594. 11 FEET, THROUGH A CENTRAL ANGLE OF 32°56'56";
THENCE SOUTH 66°02'34" WEST, 424.13 FEET TO THE BEGINNING OF A

TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,967.33 FEET;
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EXHIBIT A

LEGAL DESCRIPTION

LYTLE CREEK ROAD VACATION
THE ABOVE DESCRIB ED PARCEL CONTAINS 57,731 SQUARE FEET OR 1.325 ACRES, MORE OR LESS.

AS SHOWN ON PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.

KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 8/29/2023

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277
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3504 Agenda Date: 1/28/2025
Agenda #: N. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Alder Middle School Safe Routes to School (SRTS) Project (Bid No. SB-146- DE-23)
RECOMMENDATION:

Accept as complete the work performed by All American Asphalt for the Alder Middle School Safe Routes to School (SRTS) Project (#37603367).

DISCUSSION:

On September 12, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (All American Asphalt) in the amount of $2,639,021.00 with a 10% contingency in the amount of $263,902.10 for the Alder Middle School Safe Routes to School (SRTS) Project (#37603367). The improvements for the Alder Middle School Safe Routes to School (SRTS) Project consisted of constructing missing sidewalk, curb and gutter, and minor street improvements along the east side of Alder Avenue from Miller Avenue to Fairview Drive, south side of Miller Avenue between Alder Avenue and Laurel Avenue, and the west side of Laurel Avenue from Miller Avenue to Raymond Court. The project ultimately closed sidewalk gaps for pedestrian traffic within the residential community, linking them to Alder Middle School.

All American Asphalt completed the construction of the project on December 16, 2024. The project was successfully completed for the final contract amount of $2,620,286.30, a decrease of 0.71% from the original contract amount of $2,639,021.00 and $282,636.80 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the Alder Middle School Safe Routes to School (SRTS) Project (#37603367) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

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File #: 21-3504 Agenda Date: 1/28/2025
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Approve staff recommendation.

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ALDER MIDDLE SCHOOLSAFE ROUTES TO SCHOOL PROJECT
0SCALE 1:6001200600

PROJECT LOCATION
N
280
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3505 Agenda Date: 1/28/2025
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the S. Highland Avenue and Mango Avenue Traffic Signal Project (Bid No. SB-97 -DE-23)
RECOMMENDATION:

Accept as complete the work performed by Alfaro Communications Construction, Inc. for the construction of the S. Highland Avenue and Mango Avenue Traffic Signal Project (#37603382).

DISCUSSION:

On September 12, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (Alfaro Communications Construction, Inc.) in the amount of $823,929.64 with a 10% contingency in the amount of $82,392.96 for the S. Highland Avenue and Mango Avenue Traffic Signal Project (#37603382). The proposed improvements for the project consisted of installing a new signal at the intersection of S. Highland Avenue and Mango Avenue to aid in circulation and ease congestion.

Alfaro Communications Construction, Inc. completed the project on November 21, 2024. The project was successfully completed for the final amount of $862,819.11, an increase of 4.72% from the original contract amount of $823,929.64 and $43,503.49 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the S. Highland Avenue and Mango Avenue Traffic Signal Project (#37603382) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024-25 revised budget under the Public Works Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3512 Agenda Date: 1/28/2025
Agenda #: P. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance for the Construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project (Bid No. SB-89-DE-22)
RECOMMENDATION:

Accept as complete the work performed by Gentry General Engineering for the Construction of the N.

Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project (SB-89-DE-22).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

On July 12, 2022, the City Council authorized the award of a construction contract to Gentry General Engineering in the amount of $883,050.00 with a 10% contingency in the amount of $88,305.00 for the construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification Project (#37603341). The improvements for the project consisted of the modification of an existing traffic signal with new ADA compliant ramps, storm drain alterations, and new traffic signal poles to aid circulation and ease traffic congestion.

Gentry General Engineering completed the project on December 10, 2024. The project was successfully completed for the final amount of $937,643.75, an increase of 6.18% from the original contract amount of $883,050.00 and $33,711.25 under the total authorized budget. All work has been completed to the satisfaction of the City of Fontana.

FISCAL IMPACT:

As part of the action to accept the construction of the N. Cherry Avenue at Live Oak Avenue Traffic Signal Modification (#37603341) as complete, the City will take over the operation and maintenance of this public infrastructure. Appropriate funding for the maintenance work is included in the FY 2024- 25 revised budget under the Public Works Department, Utilities and Streets Division.

MOTION:

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Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3515 Agenda Date: 1/28/2025
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for November 2024.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The November 2024 monthly information report has been completed. Once the report is accepted by the City Council, it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

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POLICE DEPARTMENT

MONTHLY REPORT
November 2024
288

NOTEWORTHY EVENTS
• Fontana Police conducted a campaign on electric bike laws. • COPE hosted a “Coffee with a Cop” event at the Fontana Police Department. Officers who were featured on “On-Patrol-Live” were featured.
• Property/Evidence Supervisor Kelly Janusz graduated from the Civilian Leadership Institute. • Cope participated with the 24th annual “Cops for Kids” toy drive. • Chief Dorsey and members of the Chief’s Roundtable conducted a presentation on digital dangers at the Steelworker’s Auditorium.
• Fontana Police Volunteers were recognized at an annual appreciation dinner. • Fontana Police Special Teams seized several hundreds pounds of illicit narcotics and seized numerous illegal firearms.

KA1
289
Slide 2
KA1 Kevin Anderson, 2/9/2021
290
291

CITYWIDE
• Priority 1 response time- 4:08 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,063
• Total Traffic Accidents- 206
• Non-Injury-160, Injury – 46
• Total arrests- 426
• Hispanic- 302, White- 48 , Black- 60, All other races- 16 • Total Group A Offenses- 643
• Crimes Against Persons- 145
• Crimes Against Property- 363
• Crimes Against Society- 135
292
CITYWIDE• Crimes Against Person- 145
• Homicide- 1
• Sex Offenses- 12
• Assault- 129
• Kidnapping- 3
• Other- 0
• Crimes Against Property- 363
• Robbery- 13
• Burglary- 21
• Larceny- 170
• Destruction of Property- 44
• Fraud- 30
• Possession of Stolen Property- 27
• Motor Vehicle Theft- 54
• Other Miscellaneous Property Crimes- 4
• Crimes Against Society- 135
• Drug and Paraphernalia Possession- 110
• Possession of Child Pornography- 0
• Possession of Weapons- 25
• Other Miscellaneous Crimes- 0
293

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
294
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 87
• Crimes Against Persons- 19
• Crimes Against Property- 63
• Crimes Against Society- 5
295
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 122
• Crimes Against Persons- 27
• Crimes Against Property- 70
• Crimes Against Society- 25
296
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 282
• Crimes Against Persons- 77
• Crimes Against Property- 135
• Crimes Against Society- 70
297
Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 123
•Crimes Against Persons- 21
•Crimes Against Property- 93
•Crimes Against Society- 9
298

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 299
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3517 Agenda Date: 1/28/2025
Agenda #: R. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve an Increase in City-Owned Contingency for the Design-Build Contract for the City Hall Renovation Project - Phase I (Fire Annex; SQ-25-DE-23-01) RECOMMENDATION:

Approve and authorize the City Manager to increase the City-Owned Contingency in the amount of $1,500,000.00, for a total City-Owned Contingency amount of $2,358,357.00 (Bid No. SQ-25-DE-23- 01).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On October 10, 2023, the City Council awarded the Design-Build Contract for the City Hall Renovation Project - Phase I (Fire Annex) to PENTA Building Group, LLC. The proposed project is currently under construction located at 17001 Upland Avenue, Fontana, CA 92335. The project consists of the demolition of the existing one-story Fire Administration Building and constructing a two -story municipal building with a parking structure on the first floor and office spaces on the second floor. Each floor will have a footprint of approximately 30,000 square feet. The intent of the building is to serve as office space for City staff, as well as both public and employee parking for the Civic Campus. Completion of the project is anticipated in August 2025.

An increase in City-Owned Contingency is requested to fund unforeseen conditions encountered throughout the course of construction, including utility relocations, city requested design changes, and security upgrades and modifications. It will also afford the opportunity to procure and install Furniture, Fixtures, and Equipment (FFE) required for proper utilization of the building based on the updated staffing plan..

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,500,000.00 and is included in the 2024-2025 budget under Project 37600011-610-A-8331, Fire Capital Fund (Fund 610).

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0014 Agenda Date: 1/28/2025
Agenda #: S. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Approval of a Salary Adjustment for the Fontana Police Officer’s Association (POA) in Response to Classification and Compensation Study Findings.

RECOMMENDATION:

Adopt Resolution No. 2025-006, a resolution of the City Council of the City of Fontana, California, adopting the updated salary table for the Fontana Police Officer’s Association.

DISCUSSION:

The City has an existing labor agreement with the POA, which is set to expire on June 30, 2025.

During the period of the current labor agreement, the City also conducted a city-wide Classification and Compensation Study (“Study”)to assess the competitiveness of the City’scurrent classification and compensation structure for all positions city-wide. The findings of the Study were presented to the City Council during Closed Session on May 14, 2024. At that time, the City Council directed staff to develop a pathway toward competitive pay as part of their goal to address employee recruitment, retention, and stability.

Although the study found that the City was, on average, five percent (5%) ahead of market based on total compensation, many of our current salary ranges are below the market average for similar roles in comparable cities, which directly impacts recruitment and employee retention. Specifically, PSPC identified the Police Officer classification as being approximately 8% below market, and the Police Corporal classification approximately 3% below market. Since that time (May 2024), the classifications identified above have continued to fall further below market.

Although the City and the POA have an existing labor agreement, which outlines terms and conditions of employment including wages, the City has met with the POA in a good-faith effort to discuss the results of the salary survey. As a result of these discussions, and in recognition of the significant gap between current salary ranges and market averages for the Police Officer and Police Corporal classifications, the City is proposing a 2.0% base salary increase for the POA Group, effective February 8, 2025. This increase is being provided as a gesture of good faith ahead of the City of Fontana Printed on 1/22/2025Page 1 of 2
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effective February 8, 2025. This increase is being provided as a gesture of good faith ahead of the formal negotiations later this year, to begin addressing the disparity and support the City's broader goals of enhancing recruitment and retention in these critical roles. This action aims to mitigate further market erosion while preparing for comprehensive discussions regarding a new labor agreement.

FISCAL IMPACT:

The total annual estimated budgetary financial impact associated with the approval of this salary adjustment is $730,340, for the remainder of FY24-25 the estimated salary adjustment will be $280,900.

MOTION:

Approve staff’s recommendation.

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RESOLUTION NO. 2025 - 006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, ADOPTING THE UPDATED SALARY TABLES FOR THE
FONTANA POLICE OFFICERS’ ASSOCIATION.

WHEREAS, the City Council of the City of Fontana has adopted the Personnel Rules and Regulations which incorporate the City’s Classification and Compensation Plan; and

WHEREAS, the Classification and Compensation Plan is not a static plan and requires revisions to reflect organizational changes and needs; and

WHEREAS, a city -wide Classification and Compensation Study identified classifications within the Fontana Police Officers’ Association (POA) as below market; and
WHEREAS, the City Council directed staff to develop a pathway towards competitive pay; and
WHEREAS, the City Council is providing the POA with an immediate 2.0% base salary increase as a gesture of good faith ahead of the formal negotiations later this year, to begin addressing the disparity and support the City's broader goals of enhancing recruitment and retention in these critical roles.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, to adopt the updated salary tables for the Fontana Police Officers’ Association (Exhibit A), effective February 8, 2025.

EFFECTIVE DATE: February 8, 2025
APPROVED AND ADOPTED this 28th day of January, 2025.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk
305

CITY OF FONTANA

POLICE OFFICERS' ASSOCIATION HOURLY/MONTHLY/ANNUAL PAY SCHEDULE EFFECTIVE 02/08/2025

TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

Police Officer Trainee
(non-sworn)
$38.60 (Step "1" Only) Hourly

Police Officer

Police Officer
w/Intermediate Certificate

Police Officer w/Advanced
Certificate

Police Corporal
w/Intermediate Certificate

Police Corporal
w/Advanced Certificate

Exhibit A
PO01 $6,690.67 Monthly
$80,288.00 Annual
$42.46 $44.59 $46.82 $49.17 $51.63
PO02 $7,359.74 $7,728.94 $8,115.47 $8,522.80 $8,949.20
$88,316.80 $92,747.20 $97,385.60 $102,273.60 $107,390.40 $44.41 $46.64 $48.98 $51.43 $54.01
PO03 $7,697.74 $8,084.27 $8,489.87 $8,914.54 $9,361.74
$92,372.80 $97,011.20 $101,878.40 $106,974.40 $112,340.80 $46.41 $48.74 $51.18 $53.74 $56.43
PO04 $8,044.40 $8,448.27 $8,871.20 $9,314.94 $9,781.20
$96,532.80 $101,379.20 $106,454.40 $111,779.20 $117,374.40 $48.81 $51.26 $53.83 $56.53 $59.36
PO05 $8,460.40 $8,885.07 $9,330.54 $9,798.54 $10,289.07 $101,524.80 $106,620.80 $111,966.40 $117,582.40 $123,468.80 $52.92 $55.57 $58.35 $61.27 $64.34
PO06 $9,172.80 $9,632.14 $10,114.00 $10,620.14 $11,152.27 $110,073.60 $115,585.60 $121,368.00 $127,441.60 $133,827.20

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0020 Agenda Date: 1/28/2025
Agenda #: T. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Senior Community Center Parking Lot Lighting Repair
RECOMMENDATION:

1. Authorize the issuance of a contract to AZE Electric, Inc. for the Senior Community Center Parking Lot Lighting Repair work in the amount of $25,000 with a 10% contingency of $2,500.

2. Increase appropriations in the amount of $27,500 from the available balance in the General Fund 101 to ORG 10137202.8130
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The Public Works & Engineering Department, Parks and Landscape Division (“Division”) is responsible for maintaining parking lot and field lighting at City facilities.

Due to a recent wire theft incident at the Senior Community Center, the parking lot lighting is no longer functional. The Division received a quote from the on-call contractor, AZE Electric Inc., estimating the repair cost at $25,000 with a 10% contingency. Staff has determined that the quote provided by AZE Electric Inc. is reasonable.

Since the Division does not have sufficient funds to complete the repair, we recommend allowing the Deputy City Manager to approve a purchase order for $25,000 with a 10% contingency.

FISCAL IMPACT:

The total fiscal impact for this item is $27,500 to be appropriated from available fund balance in the General Fund 101. The associated adjustments will be included in the next Quarterly Budget Adjustment Report.

MOTION:

Approve staff recommendation.

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308
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0024 Agenda Date: 1/28/2025
Agenda #: A. Category: New Business
FROM:

Administrative Services
SUBJECT:

Adopt Ordinance No. 1965, an Ordinance of the City Council of the City of Fontana, California, Amending sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

RECOMMENDATION:

1. Determine that staff recommendations to modify sections 2-142, 2-143, 2-144, and 2-341 in Chapter 2 of the Fontana Municipal Code are appropriate, make for a more intuitive municipal code, and incorporate current best practices of the City and approve such modifications

2. Read by title only and waive the further reading of section 2-142 to update the current scheduled time of the Fontana City Council meetings to be set by Resolution of the City Council.

3. Read by title only and waive the further reading of section 2-143 to establish associated compensation requirements and references for the Planning Commission. To update the current scheduled time of the Planning Commission meetings to be set by Resolution of the City Council.

4. Read by title only and waive the further reading of section 2-144 to establish the name of the Parks, Community, and Human Services Commission, update the associated compensation requirements, and update the current scheduled time of the Parks, Community, and Human Services Commission meetings to be set by Resolution of the City Council.

5. Read by title only and waive the further reading of section 2-341 removing attendance requirement criteria to become a commissioner.

6. Adopt Resolution No. 2025-007 establishing the compensation for members of the Parks, Community and Human Services Commission and Planning Commission.

7. Adopt Resolution No. 2025-008 establishing the times of the regular meetings for the City Council, Parks, Community and Human Services Commission and Planning Commission.

COUNCIL GOALS:
· Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Increase citizen involvement by seeking community input. · Increase citizen involvement by informing the public about issues, program, and accomplishments.

DISCUSSION:

The recommended revisions to Chapter 2 of the Fontana Municipal Code (“FMC”) initiate the commencement of a series of revisions that make for a more clear and concise code that aligns with the City’s preferred and/or most current practices.

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File #: 25-0024 Agenda Date: 1/28/2025
Agenda #: A. Category: New Business
The revision to Section 2-142 will update the current scheduled time of the Fontana City Council meetings to be set by Resolution of the City Council.

The revision of Section 2-143 will establish the associated compensation requirements and references for the Planning Commission. It will also update the current scheduled time of the Planning Commission meetings to be set by Resolution of the City Council.

The revision to Section 2-144 will establish the name of the Parks, Community, and Human Services Commission, and update the associated compensation requirements and references. It will also update the current scheduled time of the Parks, Community, and Human Services Commission meetings to be set by Resolution of the City Council.

The revision to Section 2-341 will remove an attendance requirement criteria to become a Parks, Community, and Human Services Commission member.

FISCAL IMPACT:

None
MOTION:

Accept Staff Recommendations
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Fontana City CouncilJanuary 28, 2025

Fontana City Council
January 28, 2025