Ontario City Council
February 15, 2022

Table of Contents
ARTICLE I. ADMINISTRATION ................................ ................................ ................................ 3 SECTION 1.01 INTRODUCTION .............................................................................................................. 3 SECTION 1.02 CLASSIFICATIONS INCLUDED ........................................................................................ 3 SECTION 1.03 DEFINITIONS .................................................................................................................. 3 ARTICLE II. EMPLOYMENT PROVISIONS ................................ ................................ .................. 4 SECTION 2.01 AT-WILL STATUS .......................................................................................................... 4 SECTION 2.02 HOURS OF WORK........................................................................................................... 4 ARTICLE III. CLASSIFICATIONS ................................ ................................ ............................... 4 SECTION 3.01 NEW CLASSIFICATIONS ................................................................................................. 4 SECTION 3.02 MULTIPLE POSITIONS .................................................................................................... 4 ARTICLE IV. COMPENSATION ................................ ................................ ................................ .. 5 SECTION 4.01 SALARY SCHEDULE ....................................................................................................... 5 SECTION 4.02 OVERTIME ..................................................................................................................... 5 SECTION 4.03 MERIT INCREASES ......................................................................................................... 5 SECTION 4.04 SHIFT DIFFERENTIAL ..................................................................................................... 6 SECTION 4.05 POLICE DISPATCHER PER DIEM PROGRAM ................................................................... 6 SECTION 4.06 AMERICAN RESCUE PLAN ACT PREMIUM ..................................................................... 8 ARTICLE V. LEAVES – PAID AND UNPAID ................................ ................................ ................ 9 SECTION 5.01 HOLIDAYS ..................................................................................................................... 9 SECTION 5.02 VACATION ..................................................................................................................... 9 SECTION 5.03 PAID SICK LEAVE ........................................................................................................ 10 SECTION 5.04 FAMILY MEDICAL LEAVES .......................................................................................... 11 SECTION 5.05 JURY/WITNESS DUTY .................................................................................................. 11 ARTICLE VI. BENEFITS ................................ ................................ ................................ ..........11 SECTION 6.01 INSURANCE .................................................................................................................. 11 SECTION 6.02 RETIREMENT/DEFERRED COMPENSATION .................................................................. 11 SECTION 6.03 UNIFORMS ................................................................................................................... 12 SECTION 6.04 EMPLOYEE ASSISTANCE PROGRAM ............................................................................ 12 ARTICLE VII. DISCIPLINARY PROCEDURE ................................ ................................ ................12 SECTION 7.01 DISCIPLINARY PROCEDURE ......................................................................................... 12 ARTICLE VIII. COMPLAINT PROCEDURE ................................ ................................ ...................12 ARTICLE IX. GENERAL PROVISIONS ................................ ................................ .......................12 SECTION 9.01 PERSONNEL FILES ....................................................................................................... 12 SECTION 9.02 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS ................................................ 13 SECTION 9.03 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE ....................................................... 13 SECTION 9.04 SEVERABILITY ............................................................................................................. 14 ARTICLE X. FINAL SIGNATURE ................................ ................................ .............................. 14 Appendix A. Salary Grade Table

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Article I. ADMINISTRATION
Section 1.01 Introduction
The Part-Time Employee Compensation and Benefits Profile is a summary of compensation and employment practices for part-time and temporary employees paid on an hourly basis.

The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and the “Employment Policies” in the City’s Online Policy Center, in effect and applicable to part -time and temporary employees will remain in effe ct unless modified by provisions within this document.

Section 1.02 Classifications Included

A. Part-time employees are employed on a part-time or temporary schedule and paid on an hourly basis.

B. Provisions within this document apply to all employees appointed t o positions in the following part-time classifications:

Classification Titles
Administrative Intern
Instructor/Guard
Library Monitor Specialist
Library Page
Lifeguard
Museum Assistant
Museum Attendant
Police Cadet
Pool Manager
Recreation Assistant
Recreation Leader
Senior Pool Manager
Senior Recreation Leader

C. In addition to the above part -time classifications, the City reserves the right to use existing full-time classifications in a part -time and/or temporary capacity and paid on an hourly basis. In those cases, the part -time-temporary employee will receive compensation and benefits pursuant to this profile.

D. The City may add, modify, or delete classifications from the Part-time Employee Group as needed.

Section 1.03 Definitions
A. Calendar Day
A 24 - hour day beginning at 12:00 a.m. and ending at 11:59 p.m. 149
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B. Calendar Year
The period of 12 consecutive months commencing on January 1 st and ending on December 31st.

C. Fiscal Year
The period of 12 consecutive months commencing on July 1 st and ending on June 30th.

D. Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

E. Part-Time Employee
An employee working a less than a full-time work schedule and whose hours may be regular or irregular, and is paid on an hourly basis.

F. Week
Seven consecutive calendar days beginning on Sunday at 12:00 a.m. and continuing through Saturday at 11:59 p.m.

G. Work Week
The work week for all schedules shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59 p.m.

Article II. EMPLOYMENT PROVISIONS
Section 2.01 At-Will Status
All employees in the Part-Time Employee Group are “at-will” and serve at the pleasure of the City Manager. Employees can be terminated at any time with or without cause, and have no right to appeal.

Section 2.02 Hours of Work
The City shall determine the hours of work for employees in the grou p. Employees may be scheduled to work specific hours or may be required to work on an as -needed basis. The City does not guarantee the number of hours an employee may be scheduled. Employees in the Part- Time Group shall not be scheduled or permitted to work more than a total of 999 hours during any fiscal year or more than 29 hours in any work week. Any exceptions to these provisions must be pre-approved by the City Manager.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications
The City reserves the right to add, delete, or modify part -time classifications, rates of pay, and benefits at its discretion.

Section 3.02 Multiple Positions

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An employee in a full-time position may also be appointed to a part -time position for which the employee is qualified with the approval of the City Manager. Such employee s shall receiv e overtime compensation at a rate that complies with the requirements of the Fair Labor Standard Act.

Article IV. COMPENSATION
Section 4.01 Salary Schedule
A. The following salary increases shall be implemented for employees in part -time classifications defined in section 1.02(B) covered by this Profile:

1. Effective February 27, 2022, employees in part -time classifications will receive a 2% increase in base pay.

2. Effective July 3, 2022, employees in part-time classifications will receive a 2% increase in base pay.

B. Employees working in a full-time classification pursuant to Section 1.02(C) shall receive an hourly equivalent within the salary range as those employees in the full - time classification.

C. Hourly wages for part-time classifications are set forth in Appendix “A.”

Section 4.02 Overtime
A. Due to the nature of the work assignment, overtime is discouraged for part -time employees. However, when overtime is necessary, t he City reserves the right to schedule overtime work in a manner most advantageous to the City . The City may also modify an employee’s hours of work to minimize overtime.

B. Overtime shall be paid for all hours worked in excess of 40 hours in any one work week at the rate of one and one -half (1½) times the employee’s base hourly wage rate.

C. Part-time employees are not eligible to receive compensatory time off in lieu of overtime pay.

Section 4.03 Merit Increases

Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below.

Section 1. Application of Rates

Employees occupying a position in the City service shall be paid at the rate established for their posi tion. All original appointments shall be made at the minimum wage for the position, except when in the opinion of the City Manager circumstances warrant appointment at a higher step.

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Section 2. Anniversary Date

Each employee's anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees will retain their current anniversary dates until appointed to a new classification provided, however, that no emp loyee shall receive more than one merit increase within any six months period. Any employee who is within ninety (90) days of achieving a merit raise at the time of promotion shall be entitled to an increase for the promotion and an increase for the merit step. All future increases while in that classification shall be in accordance with Section 3 below. The date of appointment shall be used to compute sick leave.

The anniversary date of employees who take a leave of absence without pay for more than sixty (60) continuous calendar days will be extended by the length of the absence from work over sixty (60) days adjusted to the start of the nearest pay period.

Section 3. Advancements

The advancement of an employee is not automatic, but the result of i ncreased service value to the City. Service value shall be determined by recommendation of the department head, length of service, personal performance record, special training, and any other evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each part -time position are granted according to the conditions outlined in Section 1 and 2 and the preceding paragraph. The merit increase effective date is the closest payroll period to the employee’s anniversary date.

Step 1 – Entrance level
Step 2 – After six months of service
Step 3 – After one year at Step 2
Step 4 – After one year at Step 3
Step 5 – After one year at Step 4
Section 4.04 Shift Differential

Employees in the Police or Fire Communications Division and primarily assigned to dispatcher duties shall receive a shift differential of $1.00 per hour for all hours worked by an employee when a majority of the employee’s scheduled shift hours occur before 7:00 a.m. or after 5:30 p.m.

Section 4.05 Police Dispatcher Per Diem Program
A. Background
Due to staffing demands, there is need for additional staffing to supplement the current, full-time Police Department Communications Division staff. The purpose of the Police Dispatcher Per Diem program is to allow full-time City employees to work in an additional part -time capacity in Police Communications. The program guidelines outline the requirements and procedures to be followed when assigned to this program.

B. Description of Work
There are four levels of Police Dispatcher Per Diem work.

1. PS Dispatcher Per Diem – Level 1: This is the training level for employees with little or no experience in dispatch. Employees will receive training on how to 152
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answer incoming calls for service and after training independently answer calls for service until they demonstrate sufficient experience and abilities to advance to Level 2. Employees are eligible to move to Level 2 upon meeting the Level 2 eligibility requirements and with the approval of the Police Chief and the Human Resources Director.

2. PS Dispatcher Per Diem – Level 2: The second level is for employees who have sufficient experience and ability to answer incoming calls for service OR who are currently sworn police personnel. Employees will independently answer incoming calls for service and may train to perform other dispatching functions such as records or radio. Many employees will remain at level 2. Employees interested and able to perform additional dispatching functions may be eligible to move to Level 3 upon meeting the Level 3 eligibility requirements and with the approval of the Police Chief and the Human Resources Director.

3. PS Dispatcher Per Diem – Level 3: The third level is for employees who have extensive experience in answering incoming calls for service, can independently handle complex and difficult situations, and are able to perform at least one additional function such as records or radio dispatching. It is expected that most employees in the Dispatch Per Diem Program will remain at Level 2 or Level 3.

For an employee to be moved to Level 4, the employee must be able to independently perform all Police dispatching functions in difficult situations, and must have the recommendation of the Police Chief and the Human Resources Director.

4. PS Dispatcher Per Diem – Level 4: The fourth level is reserved for employees who have had prior full -time dispatching experience with Ontario and are /or are able to independently perform Police primary radio dispatching functions.

C. Eligibility Requirements
The Police Chief and Human Resources Director have final approval regarding selection, level of compensation, and movement between levels. Placement and progression thr ough the levels is at management’s discretion based upon the employee’s skills and abilities. Typical qualifications for each level are as follows:

All Levels
• Current full-time employee of the City of Ontario in a capacity other than in the Police Dispatcher series.
• Experience operating a computer keyboard or video display terminal. • Competently performing all job duties of the employee’s full-time position. • Have good attendance and able to meet any overtime obligations of the employee’s current full-time job.

Police Dispatcher Per Diem - Level 1:
• One year of recent experience with the Ontario Police Department.

Police Dispatcher Per Diem - Level 2:
• Completed all training requirements and have acted in the capacity of a Dispatcher Per Diem Level 1 for at least 360 hours, OR
• At least one year of experience as a sworn law enforcement officer with the Ontario Police Department or

Police Dispatcher Per Diem - Level 3:
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• Acted in the capacity of a Dispatcher Per Diem Level 2 for at least 360 hours. • Be able to handle difficult calls for service independently and perform at least one additional function such as records or radio dispatch.

PS Dispatcher Per Diem - Level 4:
• Previously worked for the Ontario Police Department as a Senior Public Safety Dispatcher AND/OR
• Is able to independently perform Police primary radio dispatching functions.

D. Compensation
Employees shall be paid the following hourly rate for wo rked performed as a Dispatcher Per Diem.

Level 1 – Equivalent to Police Dispatcher, Step 1
Level 2 – Equivalent to Police Dispatcher, Step 3
Level 3 – Equivalent to Police Dispatcher, Step 5
Level 4 – Equivalent to Senior Police Dispatcher, Step 5

Since employees are already working in a full -time capacity for the City of Ontario, the City shall pay the indicated hourly rate times 1.5 , as required by employees’ applicable MOU.

No additional compensation or benefits are earned b y full -time employees participating in this program.

E. Selection Process
On an as-needed basis, the Human Resources Department will issue a written notice of the ability to participate in this program. Employees will submit any required documentation by the deadline given. The Police Department shall screen and select the best qualified employees. Employees will be subject to a background investigation and any other screening requirements as determined by the Police Department and Human Resources. Initial selection and continued participation in the program is at the sole discretion of the Police Chief and the Human Resources Director.

F. Uniform Allowance Provisions
Employees acting as a Police Dispatcher Per Diem shall not be required to wear uniforms and shall not be given any compensation for uniforms. If they already have a City of Ontario uniform in their full -time position, they may wear that uniform.

Alternatively, they may dress in a professional manner appropriate for the dispatch environment.

Section 4.06 American Rescue Plan Act Premium

The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID-19 pandemic.

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active part-time employees (with a probability of employment) as of January 28, 2022 will receive a one-time lump-sum payment based on the following eligibility:

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Eligibility Amount
During the period of January 1, 2021
through January 28, 2022, monthly average
hours worked is ten (10) hours or greater.
$600
During the period of January 1, 2021
through January 28, 2022, monthly average
hours worked is nine point nine (9.9) hours
or less.
$300

The ARPA Premium Payment and is taxed in accordance with IRS regulations and will be issued in a separate paper check on or before February 25, 2022.

Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following holidays are observed by the City and offices may be closed on these days:

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day after the 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year's Eve December 31st
B. Any holiday listed in provision 5.01(A) which falls on Sunday is observed on the following Monday, except in 24 -hour operations. In addition, at the City Manager’s discretion, designated City operations may be closed between and including Christmas Eve through New Year’s Day.

C. Employees in the Part-Time Employee G roup do not receive compensation for observed holidays. If an employee works the observed holiday, the employee will be paid at the employee’s base hourly rate.

Section 5.02 Vacation
Employees in the Part -Time Employee Group do not accrue vacation leave. With the prior 155
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approval of their supervisor, employees may take unpaid time off.

Section 5.03 Paid Sick Leave

A. Part-time employees are entitled to use paid sick leave for:

1. Diagnosis, care or treatment of an existing heath condition of, or preventative care for, an employee, or an employee’s family member.

2. Quarantine of the employee due to exposure to contagious disease.

3. An employee who is a victim of domestic violence, sexual assault, or stalking.

B. Family member under this provision includes; spouse; registered domestic partner; grandparent; grandchild; sibling; child (biological, foster, adopted, stepchild, legal ward, or child to whom the employee stands in loco parentis ) the definition of child is applicable regardless of age or dependency status; parent (biological, foster adoptive, stepparent, or legal guardian of the employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor).

C. Beginning on their first day of employment, employees will accrue the equivalent of one hour of paid sick leave for every thirty hours worked.

D. Employees may not accrue more than twenty -four hours in any twelve-month period commencing on the employee’s anniversary date. Unused paid sick leave will carry forward into the next twelve month period. There is no limit to the total amount of paid sick leave a part-time employee may accrue.

E. Employees may use accrued paid sick leave, in no less than a quarter hour increments, beginning on the 90th day of employment.

F. Paid sick leave shall not be taken as vacation , personal leave or payment to a monetary equivalent at any time.

G. Paid sick leave is not payable to the employee upon separation from employment nor may it be used to extend an employee’s separation date.

H. Full-time employees with an accrued paid sick leave balance appointed to a part -time position, will have their paid sick leave balance reduced to a maximu m of twenty -four hours. The employee may not accrue more than twenty-four hours in any twelve-month period commencing on the anniversary date of their part-time employment. Part-time employees promoted to full -time positions will retain their accrued paid sick leave. The use or conversion of paid sick leave will be in accordance to the memorandum of understanding or profile applicable to the full-time position.

I. Employees must inform their immediate supervisor or another designated employee regarding the need to utilize paid sick leave. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee should notify the department as soon as practicable but preferably before the end of the first hour after the shift begins. 156
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J. An employee is not entitled to pa id sick leave for illness or injury while also engaging in business or activity for monetary gain or other compensation that would conflict with the nature of the absence from work for which the employee has been granted paid sick pay.

K. The City reserves the right to make an investigation of the use of paid sick leave to ensure compliance with state law and when there is reasonable cause to identify that abuse of sick leave exists or has taken place. An i nvestigation may include a requirement for the employee to provide documentation related to the use of sick leave including, but not to be limited to, documentation to establish family relationships and/or doctor’s certification.

Such investigation will be in accordance with Chapter 1 of Part 1 of Division 2, Section 3, Article 1.5 of the California Labor Code.

L. Determinations of paid sick leave shall be made by the department head concerned and subject to the approval of the Human Resources Director.

Section 5.04 Family Medical Leaves
Family Leave shall be granted in accordance with the California Family Rights Act of 1991 (CFRA) and the Family and Medical Leave Act of 1993 (FMLA), and any modified provisions and interpreted regulations for those respective statut es. Because these laws require that the employee must have worked 1,250 hours within the last 12 months, employees in the Part-Time Employee Group will typically not qualify for these leaves. However, if legally qualified, the employee may utilize accrued paid sick leave for leaves of absence that fall under the guidelines of FMLA or CFRA. This paid sick leave is in addition to any unpaid leave, which may be granted under the provisions of FMLA or CFRA. This sick leave shall be used prior to utilizing the unpaid leave provisions of applicable federal and state laws.

Section 5.05 Jury/Witness Duty
Employees in the Part-Time Employee Group shall be granted unpaid leave when duly summoned to court during their scheduled working hours for the purpose of performing jur y service or serving as a witness. The employee must notify their supervisor of their summons upon receipt the date summoned. If the employee is select ed to serve on a jury, the employee must notify their supervisor of the approximate time frame that will be served. Any fees for the performance of such service may be retained by the employee.

Article VI. BENEFITS
Section 6.01 Insurance
Employees in the Part-Time Employee Group are not eligible for a City-paid contribution toward health, dental, vision, disability, life or other City-paid benefits.

Section 6.02 Retirement/Deferred Compensation
A. Employees in the Part-Time Employee Group shall contribute 7.5% of pay into a deferred compensation program in lieu of participation in Social Security. Employees may voluntarily make additional contributions to the deferred compensation account.

B. All employees hired after March 31, 1986 shall participate in Medicare. 157
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C. Employees in the Part -Time Employee Group are compensated on an hourly basis and are not eligible to be enrolled in the California Public Employees Retirement System (PERS) pursuant to the City’s contract with CalPERS.

Section 6.03 Uniforms
Employees in a classification shared with a full -time classification that is eligible for a uniform allowance shall be eligible for t he uniform allowance after completion of 2,080 hours of service and each subsequent 2,080 hours of service. If the employee has completed 2,080 hours since the last uniform allowance was paid to the employee, the employee shall be compensated on the same date as uniform allowance for full -time regular employees. If the employee has not yet completed 2,080 hours of service since the last uniform allowance was paid, the uniform allowance will not be paid that year and will be reviewed for eligibility for pa yment the following year.

Section 6.04 Employee Assistance Program
The City provides an Employee Assistance Program (EAP) for all employees. Confidentiality shall be maintained in full compliance with State and Federal regulations.

Article VII. DISCIPLINARY PROCEDURE
Section 7.01 Disciplinary Procedure
Employees may be subject to discipline. Such discipline includes, but is not limited to, written reprimands, unpaid suspensions, reduction -in-step, demotion, and termination. Because employees serve at-will, discipline is final, with no pre-notification process and no appeals. The employee may prepare a response to be placed in the personnel file along with the disciplin ary documentation. Such response must be submitted within 30 working days after the disciplinary notice is given to the employee.

Article VIII. COMPLAINT PROCEDURE
On occasion, an employee may have a concern regarding a departmental rule or decision.

Employees are encouraged to discuss their concerns with their Supervisor, Manager, and/or Department Head. If the concern cannot be resolved within the department, the employee may also discuss the employee’s concern with a representative in the Human Resources Department.

Article IX. GENERAL PROVISIONS
Section 9.01 Personnel Files
A. The official personnel files shall be located in and/or maintained by the Human Resources Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System.

B. Employees, during the City Hall business hours with advance notice to Human Resources and with release time granted by their supervisor, have the right to have access to and copies of any document in the physical version of their official personnel file. Employees may be charged for the cost of duplication of any mater ials in the personnel file for which they request copies.
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C. The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file.

The ability to acces s the digital version of the personnel file is subject to internet availability and may be restricted by the software provider during reasonable periods for maintenance and/or required updates.

D. An employee shall have the right to respond in writing to any information contained in the employee’s personnel file. Their response shall remain in the official personnel file along with the referenced document.

Section 9.02 Overpayments, Recovery and Underpayments

In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to th e employee. A meeting may be requested by the employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their design ee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one -half times as long as the overpayment period.

If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Section 9.03 Direct Deposit and Electronic Pay Advice

A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

B. In an extraordinary circumstances/events that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources Department to be cons idered for an exception. Human 159
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Resources shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources Department.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

Section 9.04 Severability
If any article or section of this Profile 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 null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Profile and all other provisions hereof shall continue in full force and effect.

Article X. FINAL SIGNATURE

All terms and conditions set forth in this Profile are effective until amended.

City of Ontario

Scott Ochoa, City Manager Date

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Appendix A – Salary Grade Table

February 13, 2022 July 3, 2022
Classification Step Hourly Rate Hourly Rate
Administrative Intern 1 - -
2 - -
3 - -
4 - -
4 - -
6 - -
7 - -
8 $15.76 $16.08
9 $16.56 $16.90
10 $17.38 $17.73
Instructor / Guard 1 - -
2 - -
3 - -
4 - -
5 $15.54 $15.86
Library Monitor Specialist 1 $17.14 $17.49
2 $18.01 $18.38
3 $18.91 $19.29
4 $19.84 $20.24
5 $20.84 $21.26
Library Page 1 - -
2 - -
3 - -
4 - -
5 $15.30 $15.61
Lifeguard 1 - -
2 - -
3 - -
4 - -
5 $15.30 $15.61
Museum Assistant 1 $16.06 $16.39
2 $16.87 $17.21
3 $17.71 $18.07
4 $18.60 $18.98
5 $19.53 $19.93
Museum Attendant 1 - -
2 - -
3 - -
4 - -
5 $15.30 $15.61

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February 13, 2022 July 3, 2022
Classification Step Hourly Rate Hourly Rate
Police Cadet 1 - -
2 - -
3 $15.52 $15.84
4 $16.30 $16.63
5 $17.09 $17.44
6 $17.94 $18.30
7 $18.85 $19.23
Pool Manager 1 $15.37 $15.68
2 $16.14 $16.47
3 $16.95 $17.29
4 $17.79 $18.15
5 $18.67 $19.05
Recreation Assistant 1 - -
2 - -
3 - -
4 - -
5 $15.30 $15.61
Recreation Leader 1 - -
2 - -
3 - -
4 - -
5 $15.30 $15.61
Senior Pool Manager 1 $16.72 $17.06
2 $17.54 $17.90
3 $18.45 $18.82
4 $19.35 $19.74
5 $20.32 $20.73
Senior Recreation Leader 1 - -
2 - -
3 - -
4 $15.73 $16.05
5 $16.51 $16.85

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Compensation and
Benefits Profile

For

City of Ontario

Executive
Management

July 01, 2021

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Compensation & Benefits Profile - Executive Management 07/01/2021

Table of Contents
ARTICLE I. ADMINISTRATION ................................ ................................ ................................ 3 SECTION 1.01 INTRODUCTION .............................................................................................................. 3 SECTION 1.02 PURPOSE ........................................................................................................................ 3 SECTION 1.03 OBJECTIVES OF THE PLAN RELATIVE TO EXECUTIVE MANAGEMENT .......................... 3 ARTICLE II. COMPENSATION ................................ ................................ ................................ .. 4 SECTION 2.01 PAY PLAN AND BENEFIT REVIEW ................................................................................. 4 SECTION 2.02 COMPENSATION ADJUSTMENT ...................................................................................... 4 SECTION 2.04 AMERICAN RESCUE PLAN ACT PREMIUM ..................................................................... 5 ARTICLE III. BENEFITS ................................ ................................ ................................ ........... 5 SECTION 3.01 HEALTH INSURANCE CONTRIBUTION............................................................................ 5 SECTION 3.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS ................................................ 6 SECTION 3.03 DENTAL INSURANCE ..................................................................................................... 7 SECTION 3.04 VISION CARE INSURANCE ............................................................................................. 7 SECTION 3.05 SHORT-TERM AND LONG-TERM DISABILITY ................................................................ 7 SECTION 3.06 LIFE INSURANCE............................................................................................................ 7 SECTION 3.07 EMPLOYEE ASSISTANCE PROGRAM .............................................................................. 7 SECTION 3.08 DEFERRED COMPENSATION .......................................................................................... 7 SECTION 3.09 VEHICLE EXPENSE REIMBURSEMENT ALLOWANCE ..................................................... 8 SECTION 3.10 EXPENSE REIMBURSEMENT ........................................................................................... 8 SECTION 3.11 FLEXIBLE SPENDING ACCOUNT .................................................................................... 9 SECTION 3.12 UNIFORM ALLOWANCE ................................................................................................. 9 SECTION 3.13 SERVICE WEAPON UPON RETIREMENT OR HONORABLE RESIGNATION ....................... 9 ARTICLE IV. RETIREMENT/END OF SERVICE ................................ ................................ ............ 9 SECTION 4.01 CALPERS CONTRIBUTION ............................................................................................ 9 SECTION 4.02 POST-TERMINATION COMPENSATION ......................................................................... 11 SECTION 4.03 CONTINUATION OF HEALTH BENEFITS/LIFE BENEFITS .............................................. 11 ARTICLE V. LEAVES ................................ ................................ ................................ .............11 SECTION 5.01 HOLIDAYS ................................................................................................................... 11 SECTION 5.02 MANAGEMENT LEAVE ................................................................................................ 12 SECTION 5.03 BEREAVEMENT LEAVE ................................................................................................ 12 SECTION 5.04 ANNUAL LEAVE .......................................................................................................... 12 SECTION 5.05 OTHER LEAVES - PAID AND UNPAID ........................................................................... 14 ARTICLE VI. GENERAL PROVISIONS ................................ ................................ .......................14 SECTION 6.01 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS ................................................ 14 SECTION 6.02 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE ....................................................... 14 ARTICLE VII. FINAL SIGNATURE ................................ ................................ .............................. 15 APPENDIX A -- SALARY GRADE TABLE ................................ ................................ .........................16 2020 – 2021 EXECUTIVE COMPENSATION AND BENEFITS PROFILE ................................ .................16

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Article I. ADMINISTRATION
Section 1.01 Introduction

The Executive Management Compensation/Benefit Profile is a summary of benefits and compensation practices adopted by the City Council over several years to be applied on an ongoing basis. The provisions of this document a pply to all employees appointed to Executive Management positions (hereinafter known as employee); and all elected officials to the extent the provisions are not in conflict with governing statutes.

This document sets forth policies and procedures to follow in implementing and administering this Executive Management Compensation/Benefit program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and the “Employment Policies” in the City’s Online Po licy Center in effect and applicable to the above mentioned positions will remain in effect unless expressly superseded by provisions within this document.

The terms and conditions of employment for the City Manager and other Executive Management employees may also be addressed in individual employment contracts. Such contracts are considered to be supplemental to this document to address terms and conditions of employment that may not be addressed in this document. However, if an individual’s employment agreement is in conflict with this document, then the provisions of the agreement will supersede the provisions of this document.

Employees in Executive Management positions are considered to serve at the will and pleasure of the City Manager. The app ointment of a person to a position in the Executive Management Group will not require the establishment of an eligibility list. Appointment and termination actions relating to the Police Chief and Fire Chief positions are subject to confirmation by the City Council.

Section 1.02 Purpose

Persons employed in Executive Management positions are not represented by an employee organization.

This Executive Management Compensation/Benefit Profile is intended as a comprehensive document to define and describe the forms and amounts of compensation and benefits for Executive Management employees and elected officials . This comprehensive document is intended to reflect all City Council actions in effect relating to the Executive Management Compensation Program.

The variou s forms of compensation and benefits described in this comprehensive document recognize that employees in Executive Management positions should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources; for exerting leadership to enhance the mission and future of the City; and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives.

Section 1.03 Objectives of the Plan Relative to Executive Management A. Recruit and retain well-qualified Executive Managers and enhance their management capabilities in areas such as leadership and accountability.

B. Facilitate and enhance effectiveness and productive efforts of Executive Managers 165
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through evaluations of performance and the recognition of merit in determining compensation.

C. Enable the City Manager, who is in the best position to judge merit and value to the City of an Executive Management empl oyee’s performance, to appropriately compensate Executive Management employees in recognition of such value.

Article II. COMPENSATION
Section 2.01 Pay Plan and Benefit Review

Salary and benefit levels will be reviewed on a periodic basis. Such review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be utilized to recommend competitive salary and benefit levels for Executive Management positions. Salary and benefit levels for individual positions may be adjusted from time -to-time, with the approval of the City Council (or City Manager, if appointed as its designee).

Section 2.02 Compensation Adjustment
A. Compensation and benefit levels for positions in this group may be modified from time to time by the City Council by amendment to this document, or by the City Manager as authorized by the City Council . The salary ranges shall be increased for non -safety related Executive Group classifications as follows:

1. Effective July 4, 2021, base salary ranges shall increase by 2%.

2. Effective July 3, 2022, base salary ranges shall increase by 2%.

B. The salary ranges for the Public Safety related Executive Management classifications of Fire Chief and Police Chief shall be increased with the same frequency and percentage as t he classifications represented by the Fire Management Group or the Police Management Group, respectively. The salary ranges shall be increased as follows:

1. Effective January 2, 2022 , the Police Chief and Fire Chief base salary range shall increase by 2%.

C. The Executive Management Salary Range Table (Appendix A) is established to provide the minimum and maximum monthly salary levels for Executive Management positions.

D. The City Manager is responsible for determination of each individual employee’s salary rate within the assigned salary range . Such determination will be based on job performance and/or other competitive and economic factors.

E. Salary compensation for elected officials of the City is determined in accordance with Ontario Municipal Code provisions an d State law. Elected officials may also receive compensation for attendance at meetings of the Ontario Housing Authority and other applicable boards as authorized. Such compensation is determined by the City Council by resolution or ordinance and may be reviewed on a periodic basis.

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Section 2.03 Management Incentive Pay
Effective the pay period including January 1, 2021, Public Safety Executive Management classifications, Police Chief and Fire Chief, shall receive Management Incentive Pay at the rate of five (5) hours per pay period, for a total of one hundred and thirty hours (130) per calendar year in recognition of their full -time duties performed during normal working hours that pertain to the unique nature of their job. Such hours shall not be used as time off and shall be paid as salary compensation at the employee’s base rate of pay.

Section 2.04 American Rescue Plan Act Premium

The American Rescue Plan Act (ARPA) provided federal relief funds to local gove rnment agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID-19 pandemic.

In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees (with a probability of continued employment) as of January 28, 2022 , will receive a one -time lump-sum payment as follows:

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS regulations.

The ARPA Premium Payment will be issued in a separate paper check on or before February 25, 2022.

Article III. BENEFITS
Section 3.01 Health Insurance Contribution

Active and retired employees and elected officials are eligible to participate in the City health insurance program. The City contributes up to a maximum of $563 per month toward health insurance premiums for active and retired employees and elected officials . This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees and elected officials who choose to enroll in the City’s medical plan. The contribution rate is provided to cover actual premium costs based upon the enrolment of the employee or elected official and eligible dependents. In addition, retirees from the position of Fire Chief hired into a regular position prior to July 1, 2012 , shall receive a reimbursement from the City that will provide the same amount of retiree medical contributions as for retirees from the Fire Management Group hired prior to July 1, 2012. Retirees from the position of Police Chief hired into a regular position prior to July 1, 2012 , shall receive a reimbursement from the City that will provide the same amount of retiree medical contribution as for retirees from the Police Management Group hired prior to July 1, 2012.

Assigned Agency
(as of January 28, 2022)
American Rescue Plan Act
Payment Amount
Ontario Fire Department; Ontario
Police Department $10,000
All other Agencies $7,500
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Section 3.02 City Contributions to Cafeteria Plan Benefits The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees and elected officials to pay for pre-tax medical, dental and vision benefits.

Employees or elected officials must enroll in a City offered medical insurance plan unless the employee or elected official satisfies conditions of the eligible opt out arrangement below. The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

City Contributions: Active employees and elected officials , except the Fire Chief and Police Chief, will receive a Cafeteria Plan Contribution of $ 1,300 per month, inclusive of the Health Insurance Contribution set forth in Section 3.01.

After enrolling in selected coverage, eligible employees may take the remainder of the City’s contribution as cash. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

Beginning, January 1, 2018, for eligible employees and elected officials who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Sectio n

3.01, shall be equal to the corresponding Kaiser plan premium for the region in which the employee or elected official is enrolled and as reflected on the CalPERS monthly billing statement and shall not be less than $1,300 per month.

Beginning January 1, 2018 , only those eligible employees enrolled in coverage with a monthly City contribution of $1,300 per month may take the remainder of the City’s Contribution as cash.

For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

For purposed of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee and Elected Officials is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

If payments for the individual employee or elected official ’s selected benefits exceed the City Contribution, the balance will be paid by salary deductions from the pay of the individual employee or elected official.

Cash-in-Lieu Option: An Eligible Employee or Elected Official will be eligible to receive cash-in- lieu of $1,300 per month instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee or elected official signs a form attesting that the employee or elected official and the employee or elected official’s Tax Family have the Alternative Required Coverage for the Opt-Out Period.

a. Tax Family means all individuals for whom the employee or elected official intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.

b. Alternative Required Coverage required means minimum essential cover age through another source (other than coverage in the individual market, whether or not obtained through Covered California).

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c. Opt-Out Period means the plan year to which the opt-out arrangement applies.

2. An employee or elected official must provide the a ttestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee or elected official would like to receive cash in lieu.

3. The cash in lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee , elected official or a Tax Family member does not have such alternative coverage, or if the conditions in this Section) are not otherwise satisfied.

The active Fire Chief shall receive the same contribution toward medical insurance premiums as active employees in the Fire Management Group, but not less than the amount provided to other Executive Group employees. The active Police Chief shall receive the same contribution toward medical insurance premiums as active employees in the Police Management Group, but not less than the amount provided to other Executive Group employees.

Section 3.03 Dental Insurance

The City will contribute the full premium amount toward the cost of coverage the individual and eligible dependents in the City’s basic dental insurance programs for active employees and elected officials. Employees or elected officials who do not enroll i n the City dental plan will not receive employer contribution for dental premiums.

Section 3.04 Vision Care Insurance

The City will contribute the full premium amount toward the cost of coverage for the individual and eligible dependents in the City’s Executive Vision Program for active employees and elected officials. Employees and elected officials who do not enroll in the Executive City Vision Plan will not receive employer contributions for vision premiums.

Section 3.05 Short-Term and Long-Term Disability

The City will contribute the full premium amount toward the cost of coverage for the individuals in the City designated short-term and long-term disability programs for active employees.

Section 3.06 Life Insurance

The City will contribute the full premium amount toward the cost of group term life insurance coverage in the amount of $106,000 for basic life and $109,000 for accidental death or dismemberment for active employees and elected officials.

Section 3.07 Employee Assistance Program

The City maintains an employee assistance program for active employees and elected officials.

Confidentiality regarding employee and elected official use of this program will be maintained in full compliance with State and Federal Regulations.

Section 3.08 Deferred Compensation

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A. Active employees and elected officials may voluntarily contribute to the City’s 457(b) deferred compensation plan in accordance with plan provisions.

B. The City has established a 401(a) money purchase plan for employer deferred compensation contributions. The City will make the following contributions to the extent permitted by law:

1. For active employees, The City will contribute 7.5% of the employee’s base salary, up to the maximum amount established by the relevant sections of the tax codes.

2. For elected officials, any excess fringe benefit contributions not used for medical or dental premiums shall be contributed to the 401(a) plan.

3. For elected officials who do not elect to become a member of the CalPERS retirement plan pursuant to Government Code Section 20322, any eligible contribution amount that the City’s pays on the elected official’s behalf shall be contributed to the 401(a) plan.

Section 3.09 Vehicle Expense Reimbursement Allowance A. From time-to-time the City Manager may assign a City -owned vehicle to an individual employee in an Executive Management position. Positions in this group not assigned a vehicle may receive a monthly stipend of $500 as reimbursement for use of the individual’s private vehicle for City business. The City Manager may adjust such stipend in accordance with levels of activity and operational necessity by group or individual position.

B. The City Manager may be assigned a City -owned vehicle. Alternatively, the City Manager may receive a monthly stipend as reimbursement for use of the individual’s private vehicle for City business in accordance with the employee’s employment contract. The Mayor shall be eligible to receive the same monthly stipend as reimbursement for the use of the Mayor’s private vehicle as is available to the Cit y Manager.

Section 3.10 Expense Reimbursement
A. In situations where expenses are incurred on a frequent or regular basis, the City Manager may designate a monthly reimbursement amount to cover such ongoing expenses. It is the individual’s r esponsibility to maintain appropriate records of such expenses.

B. Elected officials are eligible to receive designated allowance amounts in recognition of expenses incurred on a regular basis. Elected officials are eligible for reimbursement of expenses incurred on City business in accordance with the City’s Travel Policy.

C. Elected officials are eligible to receive electronic communication devices provided by the City, including cellular phones, facsimile machines, pagers, personal digital assistants (PDA ), portable personal computers, and other wireless communications devices. City-provided devices shall remain the property of the City. The City shall be responsible for the initial connection fees and on -going fixed-rate basic service costs related to such devices. The City will also provide fixed-rate internet access, including telephone service costs, for elected officials for the purpose of sending and receiving electronic mail messages related to City business and to provide access to City computer networks. Elected officials shall incur any other variable service charges 170
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related to City and personal use of such devices and shall receive an allowance of $175 per month, as reimbursement for the charges incurred for City business.

D. Active Executive Management employees and elected officials shall be eligible for City reimbursement of medical, dental or vision care expenses that are not covered by the City’s group plans incurred for themselves and their dependents. To be eligible, such expenses must have been incurred for medical, dental, or vision care expenses for the employee or elected official and the employee’s dependents who are currently enrolled in any of the City’s group plans. Such expenses may include plan premiums, deductibles, co-payments and other related expenses, including the expenses related to an annual physical examination. Payments shall not cover transportation expenses related to medical, dental or vision care. Each active Executive Management employee and elected official may receive a maximum amount of $ 2,500 each calendar year .

Reimbursements or direct payments shall be made based on submitted invoices, bills, receipts or other documentation that shows proof of payment.

Section 3.11 Flexible Spending Account

Active e mployees and elected officials shall be eligible to participate in the City’s Flexible Spending Account (FSA) plan. An FSA allows an employee or elected official to make pre-tax deduction for qualifying medical, dental and vision expenses or dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 3.12 Uniform Allowance
Safety employees of the group who wear their uniforms in public ceremonies or for operational necessity are entitled t o a uniform allowance equal to that received by comparable safety management employees. Specifically, the Fire Chief shall receive $2600 annually in the second paycheck in July for the purchase and maintenance of uniforms. The Police Chief shall receive $950 annually in the first paycheck in November for the maintenance, cleaning and normal repair of uniforms.

Section 3.13 Service Weapon Upon Retirement or Honorable Resignation

Upon retirement or honorable resignation, the Police Chief ha s the option to purchase the employee’s service weapon under the same conditions and procedures in effect for all other police safety personnel.

Article IV. RETIREMENT/END OF SERVICE
Section 4.01 CalPERS Contribution
A. Classic Member

1. A classic member is defined as an individual who meets the definition of “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes individuals that were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer 171
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than six months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic miscellaneous CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula of Local Miscellaneous Members including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All miscellaneous classic members shall pay the employee’s contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

4. Classic safety CalPERS members shall be eligible for the 3% @ 50 Full and Modified Formula of Local Safety Members. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

5. The Fire Chief and Police Chief, safety classic members, shall pay the same employee contribution as employees in the Police Management Group as a pre-tax deduction to CalPERS.

B. New Member

1. A new member is defined as an individual who meets the definition of “new” member for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes individuals that were hired into a regular position on or after January 1, 2013 or former members who have more than a six -month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New miscellaneous members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new miscellaneous members shall be one -half the normal cost, as determined by CalPERS. As of July 2013, the requi red employee contribution of new miscellaneous members is 6.25%. This amount will be adjusted periodically by CalPERS.

4. New safety members shall be eligible for the 2.7% @ 57 Formula for Local Safety Members.

5. The employee contribution of new safety members shall be one-half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution of new fire safety members is 11.25%. The required employee contribution of the new police safety members is 12.75%. This amount will be ad justed periodically by CalPERS.

C. Elected Officials

1. Elected officials are eligible for membership in CalPERS under the City’s Miscellaneous Employees Group contract with CalPERS. CalPERS membership is optional for elected officials per Government Code Section 20322.

2. The City will pay the 8% (of salary) employee’s contribution on behalf of elected officials who elect CalPERS membership. If membership is declined, the City will contribute an equal amount into a 401(a) money purchase plan. 172
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Section 4.02 Post-Termination Compensation

In recognition that appointed Executive Management employees serve at the will and pleasure of the City Manager, the City Manager may extend the compensation and benefits of employees whom are terminated from City employment. The period of such post-termination compensation shall be determined by the City Manager and may be included in the terms of a contractual agreement between the employee and the City made at the time the individual is hired or promoted.

Section 4.03 Continuation of Health Benefits/Life Benefits

Only certain specified employees hired prior to November 10, 1995, and whose rights were vested pursuant to authorization granted to the City Manager by Resolution No. 95 -122, are eligible for this benefit. For such specified Executive Management employees , continuation of insurance coverage shall be subject to the following conditions. Additionally, the provisions of Government Code Sections 53201 and 53208.5 shall apply and shall supersede these conditions to the extent there are any conflicts.

“Upon termination of City service, the City will upon request, continue health benefits or life insurance for individuals covered by this document. Such coverage may be in the form of PERS Health if applicable, or any other available equivalent health or life insurance plan. Eligibility is determined by no less than five years of executive level City service or one consecutive full four- year term in office.

This provision does not preclude individuals from participating in the PERS Health Plan, if eligible.

The continuation of this program will be reviewed on an on-going basis relative to cost and levels of participation.”

Article V. LEAVES
Section 5.01 Holidays

The following paid holidays will be observed on the day specified.

New Year’s Day January 1st
Martin Luther King’s Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran’s Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day after 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
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New Year’s Eve December 31st
A. Any holiday listed in provision 5.01 which falls on Sunday will be observed on the following Monday.

B. Employees will receive holiday hours in accordance with their regular workday not to exceed 10 hours per holiday.

C. If a holiday falls on the employee’s norm al day off, the employee will receive annual leave equal to the employee’s regular workday, not to exceed 10 hours per holiday.

D. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use accrued annual leave or management leave to cover this period of closure.

Section 5.02 Management Leave

Employees receive 48 hours at the first pay period ending in January to be used at their discretion.

Employees hired or promoted after that date shall receive a pro-rated amount of such leave. All such leave must be utilized as time -off during the calendar year and will not carry over to the succeeding calendar year. Such leave will not be converted to compensation upon separation from employment.

Section 5.03 Bereavement Leave

Employees receive three (3) working days of paid leave for bereavement purposes upon the death of a member of the employee’s immediate family . Immediate family for this provision is defined as the following relatio nships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the d efinition of “family member” in California labor code section 245.5 (4)(c) or successor legislation. Employees may receive an additional two (2) working days of paid leave if the deceased family member reside d outside the state boundaries or in excess of 250 miles from the employee’s home.

Section 5.04 Annual Leave
A. Accruals

1. The purpose of this leave is to provide employees in the Executive Management Group the ability to accrue time for vacation, sick leave and personal leave situations.

Annual leave accrual rates are based on year of service as follows:

Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 – 8 216
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Year of Service
Annual Leave
Hours Earned
Per Year
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272

2. One 26th (1/26) of such annual leave amount shall accrue each pay period.

3. The City Manager may authorize a higher accrual rate, not to exceed the maximum accrual rate, as needed for recruitment, retention or other business needs. The higher accrual rate will be authorized in terms of additional years of service and, once set, the accrual rate will continue to adjust with additional service credit in accordance with the accrual rate schedule above.

4. The maximum annual leave balance shall be 800 hours. Employees shall not accrue annual leave above 800 hours.

B. Leave Conversions

1. Employees may convert up to 240 hours of accrued Annual Le ave to salary compensation per calendar year as follows:

Request Due Date Payment Date
2nd Friday in May 1st Payday in June
2nd Friday in November 1st Payday in December

2. Employees may convert a minimum of 8 hours and a maximum of 240 hours at each opportunity, but the total number of hours converted per calendar year shall not exceed 240 total hours.

3. Employees who are promoted to an Executive Management position must conv ert all accumulated Vacation Leave and Sick Leave to Annual Leave at the time of promotion. Also, employees in the Executive Management Group with retained Sick Leave and Vacation Leave balances that were accumulated under previous City policies may convert such balances to Annual Leave hours subject to approval of the City Manager.

4. Vacation Leave and Sick Leave accrual balances will be converted at the following rates:
a. Each accumulated hour of Sick Leave will be converted to .6 hours of Annual Leave. After the conversion, there will be no Sick Leave balance. b. Each accumulated hour of Vacation Leave will be converted to 1 hour of Annual Leave.
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Section 5.05 Other Leaves - Paid and Unpaid

Executive Management employees are eligible for catastrophic leave and paid leave benefits for jury duty as provided for in the Department Head Profile. Executive Management employees may also be eligible for unpaid leaves of absence as described in the California Rights Act and the Family Medical Leave Act.

Article VI. GENERAL PROVISIONS

Section 6.01 Overpayments, Recovery and Underpayments

In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overp ayment was received by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by t he employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their designee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one -half times as long as the overpayment period.

If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

Section 6.02 Direct Deposit and Electronic Pay Advice
A. Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

B. In an extraordinary circumstances/events that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources Agency to be considered for an exception. Human Resources 176
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shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed peri odically for continuation, subject to the approval of Human Resources Agency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s human resources information system on the employee’s pay day.

Article VII. FINAL SIGNATURE

All terms and conditions set forth in this Compensation and Benefits Profile are hereby effective the 1st day of July 2021. This Compensation and Benefits profile supersedes the Compensation and Benefits Profile dated July 20, 2021.

_________________________________ ________________ Scott Ochoa Date
City Manager

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APPENDIX A -- SALARY GRADE TABLE

EXECUTIVE MANAGEMENT COMPENSATION AND BENEFITS PROFILE

Approximate Salaries*

July 4, 2021 January 2, 2022 July 3, 2022
Classification Monthly Rate Monthly Rate Monthly Rate Assistant City Manager Min $14,930.93 $14,930.93 $15,230.80 Max $20,006.13 $20,006.13 $20,406.53
City Manager Min $27,958.67 $27,958.67 $28,518.53
Max $30,208.53 $30,208.53 $30,813.47
Executive Director
Community Development
Min $16,425.07 $16,425.07 $16,754.40
Max $22,006.40 $22,006.40 $22,446.67
Executive Director
Community Life and Culture
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Executive Director Economic
Development
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Executive Director Human
Resources / Risk
Management
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Executive Director
Information Technology
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Executive Director of
Finance
Min $14,930.93 $14,930.93 $15,230.80
Max $20,006.13 $20,006.13 $20,406.53
Executive Director Public
Works
Min $14,930.93 $14,930.93 $15,230.80
Max $20,006.13 $20,006.13 $20,406.53
Fire Chief** Min $20,949.07 $21,368.53 $21,368.53
Max $27,298.26 $27,844.27 $27,844.27
Police Chief** Min $21,597.33 $22,030.67 $22,030.67
Max $28,938.00 $29,516.93 $29,516.93
Utilities General Manager Min $16,425.07 $16,425.07 $16,754.40 Max $22,006.40 $22,006.40 $22,446.67

*Actual rates will be calculated by the City’s payroll system and may vary by a fraction of a cent. **Safety Related Classifications
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, TO APPROVE THE SALARY RANGES AND THE

AMERICAN RESCUE PLAN ACT PREMIUM FOR APPOINTIVE
POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.

WHEREAS, the Municipal Code of the City of Ontario, California (the "City") provides at Sections 2-3.204 and 2-3.305, respectively, that the positions of Fire Chief and Police Chief shall be appointed by the City Manager; and WHEREAS, California Government Code Section 36506 requires the City Council to fix the compensation of appointive officers; and
WHEREAS, the City Manager has recommended that the City's base salary ranges for the positions of Fire Chief and Police Chief in order to allow the City to attractand retain highly qualified individuals and to minimize pay compaction; and WHEREAS, the City Manager and the City entered into an Employment Agreement by which the City agreed to employ Mr. Scott Ochoa as its City Manager effective November 20, 2017; and
WHEREAS, under the terms of the Employment Agreement, the appointive position of City Manager would receive those salary range adjustments and benefits set forth in the Compensation and Benefits Profile for Executive Management; and other terms and conditions as described in the Employment Agreement; and WHEREAS, the Municipal Code of the City of Ontario, California provides at Section 2-3.103 that the City Council fix the City Manager’s salary by resolution and Government Code Section 36506 requires the City Council to fix the compensation of appointive officers; and
WHEREAS the base salary range increases recommended for City Manager shall reflect the same base salary range adjustment afforded to the classifications in the Compensation and Benefits Profile for Executive Management , including the American Rescue Plan Act (ARPA) Premium, as follows:
 Effective February 25, 2022, ARPA one -time premium, in the amount of $7,500.
 Effective July 4, 2021, a 2% increase to the base salary range.  Effective July 3, 2022, a 2% increase to the base salary range; and WHEREAS the base salary range increases recommended by the City Manager for the positions of Fire Chief and Police Chief be consistent with the negotiated salary ranges for Fire and Police Management Groups in effect 179
January 2, 2022, including the American Rescue Plan Act (ARPA) Premium, and that ongoing salary range adjustments be consistent with the negotiated Ontario Fire Management Group and Ontario Police Management Group Memorandum of Understandings as follows:
 Effective February 25, 2022, ARPA one -time premium, in t he amount of $10,000.
 Effective January 2, 2022, a 2% base salary range increase.

NOW THEREFORE, be it resolved, by the City Council of the City of Ontario hereby amends the salary range for the position of City Manager, Fire Chief and Police Chief as reflected in Exhibit “A” attached hereto and shall become effective immediately upon adoption as designated above, including the compensation of the ARPA one-time premium.

SECTION 1. Signature and Attestation. The Mayor of the City shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
180

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held February 15, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held February 15, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
181
Exhibit "A" - Salary Range Table
Approximate Salaries
July 4, 2021 July 3, 2022
Classification Monthly
Rate
Monthly
Rate
City Manager
Min $27,958.67 $28,518.53
Max $30,208.53 $30,813.47
Approximate Salaries
July 4, 2021 January 2, 2022
Classification Monthly Rate Monthly Rate
Fire Chief
Min $20,949.07 $21,368.53
Max $27,298.26 $27,844.27
Approximate Salaries
July 4, 2021 January 2, 2022
Classification Monthly Rate Monthly Rate
Police Chief
Min $21,597.33 $22,030.67
Max $28,938.00 $29,516.93
*Actual rates will be calculated by the City’s payroll system and may vary by a fraction of a cent. 182
Department: Utilities
Prepared By: Cynthia Heredia-Torres
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT, AND

TWO AMENDMENTS FOR THE WATER MAIN REPLACEMENT PROJECT

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve the plans and specifications and award Contract No. UT 1043 (on file in the Records Management Department) to Gentry Brothers, Inc. of Irwindale, California, for the construction of the Water Main Replacement Project, in the amount of $6,733,324 plus a 15% contingency of $1,009,999, for a total amount of $7,743,323; and authorize the City Manager or designee to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B
.

Approve and authorize the City Manager or designee to execute a Professional Services Agreement (on file in the Records Management Department) with SA Associates, of Arcadia, California in the amount of $132,000 plus a 15% contingency of $19,800, for a total amount of $151,800 for construction engineering services.

C
.

Approve and authorize the City Manager or designee to execute two amendments (on file in the Records Management Department) with Kleinfelder, Inc., of Ontario, California, in the amount of $103,765 plus a 15% contingency of $15,565, for a total amount of $119,330 for geotechnical and material testing services; and Wallace and Associates Consulting, Inc., of Murrieta, California, in the amount of $182,068 plus a 15% contingency of $27,310, for a total amount of $209,378 for construction management services.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2021-2022 Adopted Capital Improvement Program includes appropriations from the Water Capital fund for this project to cover the cost of construction and construction related services.

183
The recommended contract award to Gentry Brothers, Inc. is for $6,733,324 plus a 15% contingency of $1,009,999, for a total amount of $7,743,323. The proposed Professional Services Agreement for SA Associates is for $132,000. plus a 15% contingency of $19,800, for a total amount of $151,800.

Proposed Amendment No. 17 to Kleinfelder, Inc. increases the existing agreement amount by $103,765 plus a 15% contingency of $15,565, for a total amount of $119,330, and a total revised agreement amount of $1,592,116. Proposed Amendment No. 6 to Wallace and Associates Consulting, Inc. increases the agreement by $182,068 plus a 15% contingency of $27,310, for a total amount of $209,378, and a total revised agreement amount of $1,364,328. The total cost for the recommended action is $8,223,831. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City's potable water system includes approximately 600 miles of pipeline. The City's Water Master Plan and aging asset review are used to identify and replace undersized and aging pipelines to maintain the reliability of water service to the community and to improve service pressure and fire flow availability. Improvements are prioritized based on capacity deficiencies, condition assessments, and current level of maintenance activities required to provide adequate and reliable water service.

The work under this project will consist of the replacement of 2-inch, 4-inch, 6-inch, and 8-inch diameter pipe with approximately 12,474 lineal feet of 8-inch and 4,018 lineal feet of 12-inch diameter pipe. The work will also include installation of water appurtenances; installation of water service laterals and connection to new water meters; making multiple water main connections at various street intersections; installation of cathodic test stations, abandonment of existing waterline in place, pavement repairs and street restoration; and other improvements as described in the plans and technical specifications. A location map is provided for reference (see Exhibit A).

On December 8, 2021, twelve (12) bids were received for Bid No. 1476, Water Main Replacement Project, OMUC Contract No. UT 1043. The bids ranged from a low bid amount of $6,733,323.98 to a high bid amount of $9,689,357. The lowest five (5) bids are summarized below.

Bidder
Location
Amount
Gentry Brothers, Inc.

Irwindale, CA
$6,733,323.98
C.P. Construction Co., Inc.

Upland, CA
$7,233,925.15
E.J. Meyer Company
Highland, CA
$7,277,777.00
T. E. Roberts, Inc.

Orange, CA
$7,375,638.03
TK Construction
Ontario, CA
$7,702,788.25
Staff recommends awarding the contract to Gentry Brothers, Inc. of Irwindale, California based on their expertise and ability to perform the work in a timely manner, and their successful completion of this type of work in the past.

Staff solicited a scope and fee from SA Associates, Engineer of Record for the Project, for a sole sourced Professional Services Agreement for construction engineering as they developed the project’s plans and specifications and have extensive knowledge and understanding of the project goals, details, constraints, and concerns. Additionally, support services will be required during the construction of the project. Kleinfelder, Inc. will provide on-call material testing and geotechnical 184
engineering services and Wallace and Associates Consulting, Inc. will provide construction management services. The City first contracted with Kleinfelder, Inc. in December of 2017 and with Wallace and Associates Consulting, Inc. in October of 2019 after extensive Request for Proposal selection processes for On-Call Support Services.

ENVIROMENTAL REVIEW:

The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to Article 19 Section 15031, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required. 185
Exhibit A
186