Agenda packet — Ontario City Council, July 15, 2025 (part 9 of 10)

BB&K 2020

AME
NDMENT NO. 11 TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TRANSTECH ENGINEERS, INC.

1. Pa
rties and Date.

Thi
s Amendment No. 11 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Transtech Engineers, Inc. a Corporation (“Consultant ”) City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Reci
tals.

2.1 A
greement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated September 17, 2019 (“Agreement”).

2.2 A
mendment Purpose. T he City and Consultant desire to amend the A greement to extend the term of the agreement to June 30, 2027, for the project management of Grand Park Phase

1. The Parties have heretofore entered into that Amendment No. 1 dated May 29, 2020, Amendment No. 2 dated November 24, 2020, Amendment No. 3 dated October 15, 2021, Amendment No. 4 dated February 15, 2022, Amendment No. 5 dated February 15, 2022, Amendment No. 6 dated August 29, 2022, Amendment No. 7 dated September 14, 2022, Amendment No. 8 dated February 21, 2023, Amendment No. 9 dated June 13, 2023, Amendment No. 9a dated April 4, 2023 and Amendment No. 10 dated April 4, 2023.

2.3 A
mendment Authority. This Amendment No. 11 is authorized pursuant to Section 23 of the Agreement.

3. Term
s.

3.1 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as follows:
“5. Ti
me of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice PAUL S. LEON
MAYOR
ALAN D.

WAPNER

MAYOR PRO TEM
JIM
W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JA
MES R. MILHISER

CITY TREASURER
SC

OTT OCHOA

CITY MANAGER
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from the City to proceed (" Notice to Proceed"). The performance term of this Agreement shall be from September 1 7, 2019 to June 30, 2027, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-y ear terms. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (" Notice to Proceed") for each assigned project. Consultant shall complete the Services within the term of this Agreement an d shall meet any other established schedules and deadlines per assignment. The Notice to Proceed shall set forth 10 days from the date of commencement for each assigned project.

3.2 C
ontinuing Effect of Agreement. Except as amended by this Amendment No. 11, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 11, From and after the date of this Amendment No. 11, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 11.

3.3 A
dequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 11.

3.4 S
everability. If any portion of this Amendment No. 11 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 I
ntegration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[S
IGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 11 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TRANSTECH ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties have entered this Amendment No. 11 as of the day and year first above written.

CITY OF ONTARIO TRANSTECH ENGINEERS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

THE RENEWAL OF THE CITY'S EXISTING TIME CLOCK SOLUTION AND SERVICES WITH ACCU-TIME SYSTEMS, INC.

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute a ﬁve-year Agreement with Accu-Time Systems, Inc., of Windsor, Connecticut, to renew and extend the use of the City’s time clock solution and services, for a not-to-exceed amount of $218,484.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Information Technology Fund for miscellaneous services, including time clock solutions. The proposed renewal for time clock solutions and services will be for ﬁve years, with an Agreement amount not to exceed $218,484, which includes $36,414 for FY 2025-26, $36,414 for FY 2026-27, $36,414 for FY 2027-28, $36,414 for FY 2028-29, $36,414 for FY 2029-30 and a 20% contingency in the amount of $36,414 for additional time clocks or the removal of time clocks and services. The ﬁxed billing rates speciﬁed in the renewal will determine the amount charged for service and reﬂect the actual service provided. If approved, appropriations will be added to the future years’ budget consistent with the annual adoption budget.

BACKGROUND & ANALYSIS:

The City ﬁrst contracted with Accu-Time Systems, Inc. (ATS) in 2021.

The City uses ATS’s time clock hardware and software solutions for personnel time and attendance tracking. Accu-Time’s cloud-based solution integrates with Workday, the City’s Human Capital Management and Finance system. This integration enables automated time keeping and reporting, a key component in aiding the City’s payroll department in calculating payroll. The current Agreement ends in 2025, and with the recent extension of the Workday system, the City aims to continue using the ATS solution to ensure proper timekeeping and accurate and timely payroll disbursements. Staﬀ requests City Council approval for a ﬁve-year renewal for a not-to-exceed amount of $218,484.
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TimeCom Renewal Notice
Accu-Time Systems, Inc.
20B International Drive THIS IS NOT AN INVOICE
Windsor, CT 06095
860-870-5000
www.accu-time.com
Renewal Term: 60 Months from effective date (below)
Effective Date of price increase (MONTH/YEAR): JULY 2025 - JUNE 2030 -- 5 YEAR PRICE HOLD OPTION ***EARLY TERMINATION FEE FOR EARLY CANCELLATION
Purchase Order # (PO) required YES
PO # noted below will be used until a new one is provided Current Purchase Order Number:* PO - TBD
* Current PO will be included on invoices until a new PO is provided; Please email new PO to Deb Roberts @ [email protected] Summary of Charges for: CITY OF ONTARIO (CA) Customer Notified Via Email: 6/10/2025 The fees below represent the allowable price increase established in the original agreement, upon the expiration of the initial term. **Additional clock purchases will subsequently increase the monthly extended price. Quantity listed based on purchases to-date.

MONTHLY FEES - July 2025 -June 2026 (see chart below for 5 year pricing) Description Current Unit PriceNew Unit Price Qty Extended Price TimeCom Hosting & Maintenance Services (per time clock) 35.00 36.75 44 1617.00 Constant Care -SLA Standard 1350.00 1417.50 1 1417.50
3,034.50$
Pricing for year 1 JUL'25-JUN'26 36,414.00$
Price hold for 60-months July 2025-June 2030 fees -- see chart below 182,070.00$ *TimeCom Services may be subject to applicable sales tax **Hosting fees based on count of 44 clocks; a contingency will be required for any additional clocks purchased within this five year period ***ACCU-TIME SYSTEMS, INC IS OFFERING A 5-YEAR PRICE HOLD AS OUTLINED ABOVE; WITH THIS OPTION SHOULD YOU REQUEST TO DISCONTIUE SERVICES PRIOR TO JUNE 2030, YOU AGREE TO PAY AN EARLY TERMINATION FEE OF TWENTY PERCENT (20%) OF THE REMAINING MONTHS IN THIS AGREEMENT AND TO PROVIDE AT LEAST THIRTY (30) DAYS WRITTEN NOTICE*** SIGNATURE: PRINTED NAME:

TITLE: DATE SIGNED:

This Renewal notice is based on your TimeCom General Terms Agreement Executed 12/21/2021; Amended with 5 year pricing as requested TimeCom® Renewal Rev 02.27.2019 Page 1 of 1 1221
Department: Financial Services
Prepared By: Adrian Pelayo
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

PARTICIPATION IN A COOPERATIVE PURCHASING AGREEMENT WITH AMAZON

FOR MATERIALS AND SUPPLIES

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to approve the purchase of materials and supplies from Amazon Business, of Seattle, Washington, in an amount not-to-exceed approved budgeted amounts consistent with the terms and conditions of the OMNIA Cooperative Contract No. R-TC-17006.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations for the cooperative use of Amazon Business. Amazon Business oﬀers a structured, transparent rebate program over a 12-month period, based on current spending patterns, City staﬀ estimates a rebate of approximately $21,000 annually.

The approval of a cooperative supplier to provide materials and supplies does not commit the City to any speciﬁc levels of future expenditures with this supplier.

BACKGROUND & ANALYSIS:

Amazon’s largest distribution center in the western hemisphere is located in south Ontario and has been open since Fall of 2024. As a result of Amazon's location in Ontario, City staﬀ implemented a pilot purchasing program early this calendar year with the Amazon Business Marketplace platform to centralize all Amazon purchases Citywide. In conjunction with OMNIA Partners, Amazon Business delivers cost-saving solutions to public agencies that simplify procurement and help drive compliance with purchasing requirements through our cooperative contracts.

The City is leveraging the Amazon Business Marketplace to enhance purchasing ﬂexibility, transparency, and alignment with strategic goals. By promoting competition among multiple sellers, City buyers can easily compare prices, review customer feedback, and evaluate overall value and product quality within a streamlined environment. This approach supports responsible use of public funds and allows City departments to purchase items outside of existing contracts when the Amazon Marketplace oﬀers a better price - especially with the added beneﬁt of a newly oﬀered government discount program. The platform also expands access to a wider selection of products, 1222
volume discounts, and bulk purchasing options that were previously limited. Beyond eﬃciency, this purchasing model advances the City’s community-centered initiatives, enabling buyers to prioritize local, minority-owned, women-owned, and veteran-owned businesses, as well as sustainable products - with spend tracking to support equity, empowerment, sustainability, and justice goals.

In addition, Amazon Business Marketplace oﬀers a rebate to its government customers based on how much is purchased in one year with their platform. Based on current spending patterns, City staﬀ estimates a rebate of approximately $21,000 annually, with the total annual rebate capped at $1,000,000. This tiered incentive structure supports strategic procurement and cost-eﬃciency initiatives. Organizations spending between $100,000 and $175,000 are eligible for a 1% rebate ($1,000–$1,750), while those spending between $175,000 and $250,000 receive a 2% rebate ($3,500–$5,000). For purchases exceeding $250,000, a 3% rebate applies, with potential earnings ranging from $7,500 up to the $1 million maximum. This program presents a meaningful opportunity for public sector entities to reinvest savings into mission-critical initiatives while maintaining compliance and operational efficiency.

The City of Ontario further beneﬁts from this partnership through its strategic designation as a primary 'ship-to' location for Amazon purchases, which signiﬁcantly increases the City's sales tax revenue base. This solidiﬁes the City's position as a critical logistics and economic hub in the region, amplifying both fiscal benefits and regional influence. 1223
CC OTH 00034634 2025 TR
AMAZON CONFIDENTIAL Page 1 of 1

PARTICIPATING ADDENDUM
Prince William County Public Schools
This Participating Addendum (“Addendum”) is made and entered into effective as of the date you click- to-accept this Addendum (“Effective Date”) by and between City of Ontario (“you”) and Amazon.com Services LLC (“Amazon”).

WHEREAS, The U.S. Communities Government Purchasing Alliance (“USCGPA”) (now Omnia Partners) issued a request for proposals for an online marketplace for the purchases of products and services on behalf of Prince William County Public Schools (“PWCS”). USCGPA posted the solicitation on its website, Onvia/DemandStar, Prince William County Public Schools, and Canadian MERX Public Tenders on September 14, 2016 through October 14, 2016. USCGPA also posted the solicitation in the Oregon Daily Journal of Commerce on September 16, 19, 21, 23, 26, 28, and 30, 2016; in the Hawaii Tribune-Herald on September 17 through September 23, 2016; and in the Gainesville Times and Prince Williams Times on September 21, 2016, all newspapers of general circulation. As the deadlines for proposals was October 14, 2016, the advertisements occurred at least ten days before the proposal due date.

WHEREAS, On January 29, 2017, based on the results of the competitive process, PWCS, the administering agent on behalf of USCGPA, entered into a contract with Amazon entitled “Online Marketplace for the Purchase of Products and Services” identified as Amazon Business Contract No. R-TC-17006 (“Contract”).

WHEREAS, On December 1, 2021 PWCS and Amazon executed the first of three (3) additional two (2) year extension options and renewed the Contract for the period of January 19, 2022 to January 18, 2024.

WHEREAS, On November 6, 2023 PWCS and Amazon executed the second of three (3) additional two (2) year extension options and renewed the Contract for the period of January 19, 2024 to January 18, 2026.

AGREEMENT
Scope of Work: Per Omnia/U.S. Communities and PWCS Contract No. R-TC-17006 (https://public.omniapartners.com/suppliers/amazon-business/contract-documentation#c36074).

Incorporation: This Addendum fully incorporates the Contract which the parties agree is true and correct.

Term of Addendum: This Addendum is effective as of the Effective Date for a term extending through January 18, 2026. The Contract may be extended for one (1) additional two (2) year period at the election of PWCS. If PWCS elects to extend the Contract, this Addendum will automatically extend as well.

Applicable Law: Participating Public Agencies may purchase Products and Services on the same terms, conditions, and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase.

By clicking “I accept”, you confirm that you have read, agree to, and have the authority to agree to this Addendum on behalf of the organization you represent.
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Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAN/AM TECHNOLOGIES, INC., FOR CENTRALIZED CASHIERING SOFTWARE AND SUPPORT

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with Can/Am Technologies, Inc., of Lakewood, Colorado, for centralized cashiering software and support in the amount of $1,334,456 increasing the not-to-exceed contract amount to $1,905,136 and extend the Agreement term for ten-years.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund for professional services, including cashiering software and support. The proposed Amendment No. 3 to the Professional Services Agreement includes $105,823 for FY 2025-26, $108,997 for FY 2026-27, $112,267 for FY 2027-28, $115,635 for FY 2028-29, $119,105 for FY 2029-30, $122,678 for FY 2030-31, $126,358 for FY 2031-32, $130,149 for FY 2032-33, $134,054 for FY 2033-34, $138,075 for FY 2034-35, and a 10% contingency in the amount of $121,315, increasing the contract amount by $1,334,456 for a total contract amount not-to-exceed $1,905,136 and extend the Agreement term an additional ten-years. The ﬁxed billing rates speciﬁed in the renewal will determine the amount charged for service and reﬂect the actual service provided. If approved, appropriations will be added to the future years’ budget consistent with the annual adopted budget.

BACKGROUND & ANALYSIS:

In January 2020, the City issued a Request for Proposals (RFP) for the design and implementation of a citywide ERP system for core ﬁnancial functions (Accounting, Accounts Payable, Purchasing, etc.) and a centralized cashiering system. The City selected Workday for their core ﬁnancial system and Teller Software (Can/Am Technologies) for their centralized cashiering system. Teller Software is a web-based system that provides point-of-sale services for the City. It serves as the front-end module to facilitate receipts and deposits for most of the departments utilizing cashier services. Teller Software interfaces the daily transactions into Workday. Teller Software modernized the previous cashiering system. Staﬀ requests City Council approval of a contract not-to-exceed amount of $1,905,136 and extend the term through July 8, 2035.
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PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF ONTARIO AND

CAN/AM TECHNOLOGIES, INC

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Can/AM Technologies, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled Teller Software as a Service Agreement dated July 7, 2020 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the A greement to extend the term of the Agreement by ten (10) years, and increase the not -to-exceed compensation amount to One Million, Seven Hundred Eighty -Three Thousand, Eight Hundred Twenty Two dollars ($1,783,821) for additional compensation and extend the term. The Parties have heretofore entered into that Amendment No. 1 dated August 17, 2021, and Amendment No. 2 dated June 3, 2025.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.1 Term of the Agreement, and Exhibit A1 Licensed Teller Interfaces and Uses.

3. Terms.

3.1 Amendment. Section 3.1 Term of the Agreement is hereby amended in its entirety to read as follows:

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"Section 3.1 Term of Agreement. This Agreement will remain in effect until July 8, 2035, unless otherwise revised or terminated under the provisions of this Agreement.

3.2 Exhibit Revision
Exhibit A1, Licensed Teller Interfaces and Uses: Exhi bit A1 of the Agreement is hereby deleted in its entirety and replaced with Attachment B. The amounts identified in Attachment B increase the contract amount by $1,213,141 for a total not - to-exceed amount of $1,783,821.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF ONTARIO

AND CAN/AM TECHNOLOGIES, INC

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO CAN/AM TECHNOLOGIES, INC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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ATTACHMENT “B”

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Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIDEPATH, INC., FOR TECHNICAL SERVICES RELATED TO THE CITY'S DATACENTER AND

TECHNOLOGY INFRASTRUCTURE

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Sidepath, Inc., of Laguna Hills, California, for technical services related to the City’s datacenter and technology infrastructure in the amount of $150,000 increasing the not-to-exceed contract amount to $300,000 and extend the Agreement term for an additional three years.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund for professional services. The proposed Amendment No. 2 to the Professional Services Agreement increases the contract amount by $150,000 for a total contract amount not-to-exceed $300,000 and extends the Agreement term an additional three years. The ﬁxed billing rates speciﬁed in the renewal will determine the amount charged for service and reﬂect the actual service provided. If approved, appropriations will be added to the future years’ budget consistent with the annual adoption budget.

BACKGROUND & ANALYSIS:

The City ﬁrst contracted with Sidepath, Inc. in 2020 to provide an assessment of the City’s virtual datacenter infrastructure. In 2021, the City entered into a Professional Services Agreement with Sidepath to provide additional technical services related to the City’s datacenter and technology infrastructure. In 2022, the Agreement was amended to extend the term and increase the dollar amount. During this time, Sidepath has provided its expertise and technical abilities to assist the City with multiple large technology projects, including the consolidation of datacenter hardware, the standardization and implementation of network infrastructure, and the implementation of a modern backup and recovery solution. These projects are vital to daily City operations. The current Agreement ends in 2025, and with the continuous and growing reliance on robust and highly available datacenter technology and connectivity, the City aims to continue using Sidepath, Inc. for their expertise, skill, and reliability in assisting the City with maintaining these systems. Staﬀ requests City Council approval to amend the Agreement to increase the not-to-exceed amount to $300,000 and extend the terms for an additional three years.
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AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

SIDEPATH, INC

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Sidepath, Inc., a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated July 1, 2021 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the A greement to extend the terms for an additional three (3) years and increase the total contract amount by $150,000.

The Parties have heretofore entered into that Amendment No. 1 dated July 1, 2022.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 Terms of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from July 1, 2021, to July 31, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services." PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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Amendment Section 3.2.1 Compensation of the Agreement is hereby amended in its entirety to read as follows:

"Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Attachment “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hund red Thousand dollars ($300,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND SIDEPATH, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO SIDEPATH, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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ATTACHMENT A

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Department: Community Life & Culture
Prepared By: Danielle Guevara
Department:

Prepared By: Danielle Guevara
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

STUDENT REPRESENTATIVE AND ALTERNATE APPOINTMENTS TO THE RECREATION & PARKS COMMISSION FOR FISCAL YEAR 2025-2026

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council conﬁrm Krisha Shah, Ontario resident and student at Colony High School as the Student Representative and Isabel Bonus, Ontario resident and student at Chaffey High School as the second Student Representative to the Recreation & Parks Commission for the term set to expire on June 30, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The City Council approved the Student Representative to the Recreation & Parks Commission Program on March 5, 2002. The Student Representative is a non- voting member of the Recreation & Parks Commission. Since its inception, thirty-nine students have participated in the program.

A recruitment was conducted through all local high schools, various city-wide teen programs, and multiple social media platforms. The Recreation & Community Services Department interviewed candidates and made recommendations to the Recreation & Parks Commission. At a meeting held on June 23, 2025, the Recreation & Parks Commission voted 6-0 to recommend the City Council ratify the appointments of Krisha Shah and Isabel Bonus as non-voting members of the Recreation & Parks Commission for FY 2025-26.

Candidates' information:

Krisha Shah
–
Krisha is an Ontario resident and student at Colony High School entering her senior year. She has also been on the Honor Roll since elementary school.

Upon graduation, Krisha plans to attend college and pursue a career in technology or government.

Isabel Bonus –

Isabel is also an Ontario resident and student at Chaﬀey High School, entering her junior year. She actively participates in the City of Ontario’s Recreation & Community Services 1242
Department programming and is a member of the Library’s Advisory Board and the National Honor Society for her high school. Upon graduation, Isabel plans to attend college and aspires to be a ﬁlm director.
1243
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC., FOR DESIGN-BUILD CONSTRUCTION SERVICES FOR

THE VINEYARD PARKING STRUCTURE PROJECT

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Change Order No. 1 to the Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, for design-build construction services for the Vineyard Parking Structure in the amount of $28,306,155 plus a contingency of $2,830,616 for a revised total not-to-exceed contract amount of $56,126,813; and authorization to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The proposed Change Order No. 1 to the Construction Contract with McCarthy Building Companies, Inc. is in the amount of $28,306,155 plus a contingency of $2,830,616 for a revised total not-to-exceed contract amount of $56,126,813. If approved, additional appropriations in the Capital Projects-Measure Q Fund will be included as needed in future quarterly budget updates to the City Council for approval.

BACKGROUND & ANALYSIS:

In December 2025, the City solicited pre-qualiﬁcation proposals for Invitation No. 1844 D&C24-008 Vineyard Parking Structure from Design-Build entities interested in qualifying to build the Vineyard Parking Structure. Six submittals were deemed responsive. Those six Design-Build entities were asked to submit proposals to design and construct the Vineyard Parking Structure. A selection team of City Staﬀ and Transtech, Inc., the Construction Management Company of the Vineyard Parking Structure Project, reviewed and scored the four submittals and McCarthy Building Companies, Inc. was scored the highest based on their blend of exterior appeal, 1244
favorable project timeline, project cost, and favorable reference checks. The process described in this paragraph is referred to as the “Solicitation Process”.

As design eﬀorts continued for the Ontario Sports Empire, it was determined that additional parking will be needed in the design of the Vineyard Parking Structure to facilitate the high demand of visitors and high volume of vehicles. The three-story parking structure will be redesigned to a six- level parking structure. This new design will include 1300 parking spots, four elevators, three observation decks, three stairwells with glass, urban modiﬁed façade, and a jumbotron attachment to the structure. Staﬀ recommends the approval of Change Order No. 1 to the Construction Contract with McCarthy Building Companies, Inc. for the Vineyard Parking Structure project. The Vineyard Parking Structure is scheduled to become operational by Fall of 2026.

While the ﬁnancial impact of the action proposed in this item is signiﬁcant in light of the signiﬁcant design changes, the Solicitation Process conducted was suﬃciently robust that a further solicitation process would produce no advantage to the public, and on the contrary would cause costly, disruptive delays that would be contrary to the public interest. Had the Solicitation Process incorporated the now contemplated design, the results of the Solicitation Process would have been the same.
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46700.00100\33457526.1

Page 1 of 2 ends

(BB&K 2020)

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

CITY OF ONTARIO

CHANGE ORDER

Project: D&C24-008 Vineyard Parking Structure

Contract Date: 3/18/25

Change Order Number: 1

Change Order Date:

To: McCarthy Building Companies Inc
12851 Manchester Rd
Saint Louis Missouri, 63131 -1802
Contact: Paul King

THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDER S ASSOCIATED WITH THE WORK.

NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF ONTARIO.

The Contract is changed as follows:

PCO #002: Add three levels to Ontario Vineyard Parking Structure $28,306,155

Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER

In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $ 24,990,042___ Net change by previously authorized Change Orders $ 0_________ The Contract Price prior to this Change Order was $ ___24,990,042___ The Contract Price will be changed by this Change Order in the amount of $ ___28,306,155___ The new Contract Price including this Change Order will be $ ___53,296,197___

In consideration of the change(s) describe above, the Contract Time is adjusted as follows:

1246
46700.00100\33457526.1

Page 2 of 2 ends

(BB&K 2020)

The Contract Time will be: increased decreased unchanged by 0 _ Days The Contract Time prior to this Change Order was 571 Days The new Contract Time including this Change Order will be 571 Days

Attachments: PCO#002
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order . The adjustments to the Contract Price and Contract Time in this Change Order constitutes the entire compensation and/or adjustment thereto due to Contractor , including direct, indirect, consequential, and overhead (field and home office) costs, due to Contractor arising out of or related to the c hange in the Work covered by this Change Order . By signing this Change Order, Contractor agrees to accept the amount of the adjustment to the Contract Price, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the Work covered by this Change Order.

Accepted:

(Signature) Paul King, President Date

Approved:

(Signature) Tito Haes, Executive Director Public Works Date

(Signature) Scott Ochoa, City Manager Date

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Q
ualiﬁcations

1. Stall count shall be +/- 1,284 stalls, throughout 6-levels, utilizing a double helix ramping system.

2. Exterior enhancements shall be as shown on “Urban R1”.

3. Scope of work has been revised to building face and 10’ utility stub outs, with the exception of the concrete driveway entrance from Vineyard Ave.

4. Elevators have been revised from hydraulic to MRL.

5. Includes an additional elevator tower with two elevators. Total elevators are now (4) 6-stop, glass backed elevators, provided by Otis. Back up emergency power via g
enerator at (4) elevators is not included.

6. A 3 rd stair tower and observation deck has been included.

7. All Level 3 chargers have been deleted. All EV chargers shall be Level 2 and provided by the City of Ontario. Infrastructure is included.

8. (4) additional remote IDF rooms, along with (1) sub electric room have been included.

9. Pricing is based on utilizing a ground improvement/rammed aggregate pier system yielding 8,000 psf and that an amendment to the soils report will be provided by the City of Ontario’s Geotechnical Engineer accepting the use of this means of ground improvement.

10. Jumbotron support has not being included.

11. Excludes civil and landscape design. We have included coordination with the City of Ontario’s consultants.

12. Excludes site utilities beyond 10’ from building face, all sitework and landscape/irrigation work.
1250
Department: Police Department
Prepared By: Nicole Alvarez
Department:

Prepared By: Nicole Alvarez
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FY 2025-26 IN THE AMOUNT OF $550,000

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager or his designee to execute all documents necessary to accept a 12-month grant in the amount of $550,000 from the California Oﬃce of Traﬃc Safety (OTS) for participation in the FY 2025-26 Selective Traﬃc Enforcement Program (STEP) Grant.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

Grant awards were announced in June 2025 and the funds will be used for eligible costs incurred from October 1, 2025–September 30, 2026. The department is approved for $550,000 in grant funding, the City is not required to provide matching funds for the grants. These grants are reimbursable on a quarterly basis and fund police overtime, education, equipment, supplies, and training to conduct DUI saturation patrols, special traﬃc enforcement, ﬁeld enforcement, street racing enforcement and training, education and sobriety checkpoints. If approved, appropriations and associated revenues will be included in a future quarterly budget report to City Council.

BACKGROUND & ANALYSIS:

The California Oﬃce of Traﬃc Safety (OTS), through the National Highway Traﬃc Safety Administration (NHTSA), oﬀers local law enforcement agencies overtime grants to mitigate traﬃc safety program deﬁciencies, expand ongoing activities, develop new programs, and conduct sobriety checkpoints. The grant period includes two “National Impaired Driving Campaign” mobilization periods: the Winter Mobilization which occurs around Christmas and New Year’s Eve and Summer Mobilization which occurs around Labor Day. Sobriety checkpoints, DUI saturation patrols and special traﬃc enforcement will be scheduled during each of the highly publicized mobilization periods. Additional operations will continue to be conducted outside the mobilization periods.
1251

Each overtime operation and checkpoint will be conducted according to each operation’s speciﬁc needs, which may require supervisors, oﬃcers, technicians, and/or clerical/other staﬀ members.

The goal of the OTS grant program includes: (1) reducing the number of people killed in alcohol- involved crashes through the combined eﬀorts of local law enforcement agencies, California Highway Patrol, and OTS, (2) reduce the total number of traﬃc collisions that occur within the City, (3) through press releases, inform citizens of increased enforcement and educate drivers that the only way to “avoid” arrest, injury, and/or death is to drive sober, and (4) network with regional law enforcement agencies to conduct multiple joint operations to decrease alcohol related issues such as DUI’s and underage drinking.
1252
1 Nicole Alvarez
From: OTS Email <[email protected]>
Sent: Wednesday, June 4, 2025 2:38 PM
To: Nicole Alvarez
Subject: OTS Tentatively Approved Your Application 26-006229 CongratulaƟons! Through a compeƟƟve process, the Oﬃce of Traﬃc Safety (OTS) has tentaƟvely approved your applicaƟon 26-006229 in the amount of $550,000 with the proposal Ɵtled “SelecƟve Traﬃc Enforcement Program (STEP).” This tentaƟve award is conƟngent on approval from the NaƟonal Highway Traﬃc Safety AdministraƟon. Please do not publicly announce this tentaƟve award unƟl the grant agreement is fully negoƟated and signed by the OTS.

Your OTS Coordinator will contact you to discuss your proposal and explain the grant development process. It is our goal to have grants start the ﬁrst of October. Costs incurred and accrued prior to the grant start date are not reimbursable.

Please noƟfy your coordinator if approval from a City Council or the Board of Supervisors is required. You should begin that process now to avoid a delay in execuƟng your grant. If you have quesƟons, please contact Jim Owens, Grant Coordinator at [email protected].

Thank you for your commitment to traﬃc safety so that everyone traveling on California roadways can go safely.

Sincerely,
Stephanie Dougherty
Director
1253
Department: Police Department
Prepared By: Nicole Alvarez
Department:

Prepared By: Nicole Alvarez
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

ACCEPTANCE OF GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FY 2025-26 FOR THE AMOUNT OF $309,692

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager or his designee to execute all documents necessary to accept the 12-month grant in the amount of $309,692 from the California Highway Patrol (CHP) for participation in the FY 2025-26 Cannabis Tax Fund Grant Program (CTFGP).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

Grants awards were announced in June 2025 and funds will be used for eligible costs incurred from July 1, 2025–June 30, 2026. These grant funds are reimbursable on a quarterly basis and fund police overtime to conduct DUI saturation patrols, equipment, and training. The grant approved funding is $309,692 and the City is not required to provide matching funds for the grants. If approved, additional appropriations and associated resources will be included in a future quarterly budget report to City Council.

BACKGROUND & ANALYSIS:

The California Highway Patrol (CHP) works closely with state and local agencies and other traﬃc safety stakeholders to actively address impaired driving. The CHP will consider a variety of factors in determining speciﬁc needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

The purpose of the Cannabis Tax Fund Grant Program (CTFGP) is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP will allocate funds for the project categories in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP.

1254
With the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the state set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualiﬁed nonproﬁt organizations, as described in Revenue and Taxation Code Section 34019(f)(3)(B).

The Cannabis Tax Fund Grant Program marks an important step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California’s roadways a safer place to travel.
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State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency

601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

June 13, 2025

File No.: 060.17344.17369

Nicole Alvarez
Ontario Police Department
2500 South Archibald Avenue
Ontario, CA 91761

Dear Ms. Alvarez:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Ontario Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $309,692.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,

M. W. HEADRICK, Chief
Enforcement and Planning Division
1256
Department: Human Resources
Prepared By: Reed Sigler
Department:

Prepared By: Reed Sigler
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

APPROVAL OF A ONE-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF ONTARIO AND THE ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES;

APPROVAL OF AMENDMENTS TO THE COMPENSATION AND

BENEFITS PRO

FILES FOR CONFIDENTIAL GROUPS' EMPLOYEES, DEPARTMENT
HEAD EMPLOYEES, AND EXECUTIVE MANAGEMENT EMPLOYEES; AND ADOPT A

RESOLUTION REGARDING SALARIES FOR APPOINTIVE EXECUTIVE POSITIONS

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve authorize the City Manager (or their designee) to complete the following:

A
.

Approve and execute a one-year Memorandum of Understanding (MOU) regarding wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees (AOME), effective July 1, 2025, through June 30, 2026; B
.

Approve and execute amendments to the Compensation and Beneﬁts Proﬁle (Proﬁle) for unrepresented Conﬁdential Groups' (Conﬁdential / Specialized Conﬁdential / Conﬁdential Management) employees, effective July 13, 2025;
C
.

Approve and execute amendments to the Proﬁle for unrepresented Department Head employees, effective July 13, 2025;
D
.

Approve and execute amendments to the Proﬁle for unrepresented Executive Management employees, effective July 13, 2025;
E
.

Adopt a Resolution setting salary ranges for appointive positions in the Executive Management employees; and
F
.

Authorize the City Manager to make non-substantive revisions that may be necessary to implement the MOU and the Profiles.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated additional annual cost of the compensation changes across all funds is $2,824,587 for Fiscal Year 2025-26. The estimated General Fund portion is $1,739,579 for 1257
Fiscal Year 2025-26. Appropriations for the ﬁrst year of the agreement have been included in the Adopted Fiscal Year 2025-26 Operating Budget.

BACKGROUND & ANALYSIS:

The MOU between the City and AOME expired on June 30, 2025. In accordance with the Meyers-Milias-Brown Act, the City met and conferred in good faith with AOME regarding a successor MOU. In parallel, the Proﬁles for the City's unrepresented groups, Conﬁdential Groups, Department Heads, and Executive Management, were reviewed and amended based on internal alignment. Recommendations also ensure that supervisory and management- level roles are compensated appropriately in relation to the employees they oversee. Each of the Proﬁles outlines the compensation, beneﬁts, and other relevant employment provisions for respective groups. The proposed amendments are summarized below:

1 .

Association of Ontario Municipal Employees (AOME) MOU:

AOME has agreed to a one-
year MOU term, eﬀective July 1, 2025, to June 30, 2026. The agreement includes a 4% general salary increase, eﬀective July 13, 2025; additional percentage increases to compensation ranges for (9) classiﬁcations, as outlined in the MOU, to address salary compaction resulting from planned salary increases to the compensation ranges for their subordinate classiﬁcations; increase the monthly amount of deferred compensation by $55 per month for a monthly total of $255 per month for all group employees; updates to retained sick leave to ensure compliance with California law; and other minor technical revisions to the current MOU, including clarifying provisions for monthly auto allowances and take-home vehicles with no additional cost impact.
2 .

Conﬁdential Groups Proﬁle
: A four percent (4%), increase to compensation grades for all classiﬁcations in these employee groups, eﬀective July 13, 2025; additional percentage increases to compensation ranges for thirteen (13) classiﬁcations, as outlined in the Proﬁle, to address parity with the compensation range of classiﬁcations represented by Teamsters Local 1932, with the same essential functions, and compaction resulting from these salary adjustments to address the compensation ranges for their subordinate classiﬁcations; and for Conﬁdential Management Group employees an increase of $55 per month to the City's monthly deferred compensation contribution for a total of $255 per month. Additional updates to sick leave and retained sick leave provisions to ensure compliance with California law; and other minor, non-monetary technical revisions. 3 .

Department Head Proﬁle:

A three percent (3%) increase to the minimum and maximum rates for each of the "DH" ranges in the City's compensation grade table, eﬀective July 13, 2025; and removal of outdated effective dates of provisions where no longer applicable. 4 .

Executive Management Proﬁle:

A three percent (3%) increase to the minimum and
maximum rates for each of the "EX" range in the City's compensation grade table eﬀective July 13, 2025; clariﬁcation regarding the application of unused medical coverage contributions for elected oﬃcials; clariﬁcation of deferred compensation contributions for elected oﬃcials who are not eligible for employer-paid CalPERS contributions; and removal of outdated effective date references;
5 .

Appointive Positions Resolution:

As required by Ontario Municipal Code Section 2-3.106,
the City Council must set the salary for the City Manager by resolution, and such salary is consistent with the salary table contained in the proposed resolution. Additionally, California Government Code Section 36506 requires the City Council to set the salaries for appointive positions in the Executive Management group by resolution, and such salaries are consistent 1258
with the salary range table contained in the Profile.

These proposed agreements reﬂect a ﬁscally responsible approach that maintains the City's competitive structure. They oﬀer stability and predictability for both the City and its employees in the current ﬁscal year. The collaborative eﬀort between City staﬀ and employee groups demonstrates a continued commitment to fair and equitable compensation practices that support the City's operational and strategic goals.

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Compensation and
Benefits Profile

For

City of Ontario

Confidential
Groups

July 13, 2025

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TABLE OF CONTENTS

ARTICLE I. ADMINISTRATION ............................................................................................ 4 SECTION 1.01 INTRODUCTION ......................................................................................................... 4 SECTION 1.02 PURPOSE OF PLAN ...................................................................................................... 5 SECTION 1.03 BENEFIT LEVEL STRUCTURE .......................................................................................... 5 SECTION 1.04 DEFINITIONS ............................................................................................................ 5 SECTION 1.05 FLSA WORK WEEK .................................................................................................... 6 ARTICLE II. EMPLOYMENT PROVISIONS ............................................................................. 6 SECTION 2.01 PROBATIONARY PERIOD ............................................................................................... 6 SECTION 2.02 HOURS OF WORK ....................................................................................................... 7 SECTION 2.03 TRANSFERS AND JOB CHANGES ...................................................................................... 8 SECTION 2.04 LAYOFF PROCEDURES .................................................................................................. 8 ARTICLE III. CLASSIFICATIONS ............................................................................................ 9 SECTION 3.01 NEW CLASSIFICATIONS ................................................................................................ 9 SECTION 3.02 HIGHER CLASSIFICATION WORK..................................................................................... 9 SECTION 3.03 CLASSIFICATION REVIEW ........................................................................................... 10 SECTION 3.04 CLASSIFICATION REVIEW/APPEAL ................................................................................. 10 ARTICLE IV. COMPENSATION ............................................................................................. 10 SECTION 4.01 SALARY ................................................................................................................. 10 SECTION 4.02 PAY PLAN AND BENEFITS REVIEW ................................................................................. 11 SECTION 4.03 OVERTIME .............................................................................................................. 11 SECTION 4.04 COMPENSATORY TIME ............................................................................................... 12 SECTION 4.05 SKILLS AND CERTIFICATIONS ....................................................................................... 12 SECTION 4.06 SPECIAL ASSIGNMENT – RECORDING COMMISSION MEETINGS ............................................. 13 SECTION 4.07 ON-CALL DUTY ....................................................................................................... 13 SECTION 4.08 MERIT INCREASES .................................................................................................... 13 ARTICLE V. LEAVES – PAID AND UNPAID ......................................................................... 15 SECTION 5.01 HOLIDAYS .............................................................................................................. 15 SECTION 5.02 VACATION (CONFIDENTIAL) ........................................................................................ 16 SECTION 5.03 LEAVE CONVERSION (CONFIDENTIAL) ............................................................................ 16 SECTION 5.04 SICK LEAVE/RETAINED SICK LEAVE ............................................................................... 17 SECTION 5.05 ANNUAL LEAVE (SPECIALIZED CONFIDENTIAL/CONFIDENTIAL MANAGEMENT) ........................... 19 SECTION 5.06 ANNUAL LEAVE CONVERSION (SPECIALIZED CONFIDENTIAL/CONFIDENTIAL MANAGEMENT) ......... 20 SECTION 5.07 PERSONAL LEAVE ..................................................................................................... 22 SECTION 5.08 MANAGEMENT LEAVE (SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT) .................. 22 SECTION 5.09 BEREAVEMENT LEAVE ................................................................................................ 23 SECTION 5.10 FAMILY MEDICAL LEAVES ........................................................................................... 23 SECTION 5.11 CATASTROPHIC LEAVE PROGRAM .................................................................................. 24 SECTION 5.12 JURY DUTY ............................................................................................................. 25 SECTION 5.13 PAID PARENTAL LEAVE .............................................................................................. 25 SECTION 5.14 SUBMITTING AND RECORDING OF LEAVE TIME (SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT) 26
ARTICLE VI. BENEFITS ........................................................................................................ 26 SECTION 6.01 HEALTH INSURANCE CONTRIBUTION ............................................................................. 26 SECTION 6.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS ........................................................ 27 SECTION 6.03 FLEXIBLE SPENDING ACCOUNTS ................................................................................... 29 1261
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SECTION 6.04 RETIREMENT ........................................................................................................... 29 SECTION 6.05 DEFERRED COMPENSATION ......................................................................................... 30 SECTION 6.06 EMPLOYEE ASSISTANCE PROGRAM ................................................................................ 31 SECTION 6.07 CERTIFICATIONS/LICENSING & TRAINING ....................................................................... 31 SECTION 6.08 TUITION REIMBURSEMENT .......................................................................................... 31 ARTICLE VII. DISCIPLINARY PROCEDURE .......................................................................... 32 SECTION 7.01 PROVISIONS ........................................................................................................... 32 SECTION 7.02 RESPONSE .............................................................................................................. 32 SECTION 7.03 APPEAL HEARINGS .................................................................................................... 33 SECTION 7.04 GENERAL PROVISIONS ............................................................................................... 33 SECTION 7.05 WRITTEN REBUTTALS ................................................................................................ 34 ARTICLE VIII. COMPLAINT/GRIEVANCE PROCEDURE .......................................................... 34 SECTION 8.01 DEFINITIONS .......................................................................................................... 34 SECTION 8.02 LEVEL I - INFORMAL REVIEW ....................................................................................... 35 SECTION 8.03 LEVEL II – FORMAL .................................................................................................. 35 SECTION 8.04 LEVEL III ............................................................................................................... 35 SECTION 8.05 LEVEL IV ............................................................................................................... 36 SECTION 8.06 LEVEL V – ARBITRATION ............................................................................................ 36 SECTION 8.07 GENERAL PROVISIONS ............................................................................................... 37 SECTION 8.08 AUTHORITY OF THIRD PARTY ...................................................................................... 38 ARTICLE IX. GENERAL PROVISIONS .................................................................................. 38 SECTION 9.01 PERSONNEL FILES .................................................................................................... 38 SECTION 9.02 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS ........................................................... 38 SECTION 9.03 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE ............................................................... 39 SECTION 9.04 SEVERABILITY ......................................................................................................... 39 SECTION 9.05 PEACEFUL PERFORMANCE OF CITY SERVICES ................................................................... 40 ARTICLE X. FINAL SIGNATURE .......................................................................................... 40 SECTION 10.01 APPENDIX A ............................................................................................................ 41

Appendix A – Salary Grade Table
Appendix B – Grievance Form

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Article I. ADMINISTRATION
Section 1.01 Introduction

This document sets forth policies and procedures to follow in implementing and administering this program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and the “Employment Policies” in the Cit y’s Online Policy Center in effect and applicable to Confidential , Specialized Confidential , and Confidential Management employees will remain in effect unless modified or superseded by provisions within this document.

This Compensation and Benefits Profile shall apply to employees in classifications identified as Confidential, Specialized Confidential , and Confidential Management and is a summary of benefits and compensation practices adopted by the City Council over the years on an on-going basis. P rovisions within this document apply to all employees appointed to positions in the following classifications:

CONFIDENTIAL CLASSIFICATIONS
Accountant Accounting Technician
Accounts Payable Technician Administrative Assistant
Administrative Assistant to the City Council Administrative Specialist - Confidential Community Information Specialist Database Administrator Economic Development Specialist Financial Analyst
Human Resources Coordinator Human Resources Specialist
Human Resources Technician IT Specialist
IT Technician Management Analyst - Confidential
Management Assistant - Confidential Office Assistant - Confidential Office Specialist - Confidential Payroll Coordinator
Payroll Technician Police Personnel and Training Coordinator Records Coordinator Records Specialist
Risk Management Specialist Senior Accountant
Senior Accounts Payable Technician Senior Administrative Assistant Senior Information Technology Specialist Senior Performance and Optimization Analyst Senior Records Specialist Senior Systems Analyst
Systems Analyst Systems Specialist

SPECIALIZED CONFIDENTIAL CLASSIFICATIONS
Economic Development Analyst Executive Assistant to the City Manager Human Resources Analyst Internal Auditor
Legislative Analyst Risk Management Adjuster
Senior Community Information Specialist Senior Internal Auditor

CONFIDENTIAL MANAGEMENT CLASSIFICATIONS
Principal Human Resources Agency Partner Principal Risk Mngt / Benefits Agency Partner Payroll Supervisor Risk/Safety Manager
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Safety Officer Senior Human Resources Analyst

The following classifications apply when the incumbent employee is assigned as a member of the City’s labor negotiations team:

Administrative Officer Senior Financial Analyst
Senior Management Analyst
Section 1.02 Purpose of Plan

Confidential Employees are defined as City employees who are in positions privy to decisions of City Management affecting employer-employee relations or whose duties normally require access to confidential information. Such positions are not represented by an employee organization in accordance with Section 3507.5 of the Meyers-Milias-Brown Act.

Section 1.03 Benefit Level Structure

There are three (3) divisions of employees within the Confidential Group. These three (3) divisions are identified as Specialized Confidential and Confidential Management, which includes classifications that are not eligible to receive overtime compensation (FLSA non-exempt); and Confidential, which includes classifications that are eligible to receive overtime co mpensation (non-FLSA identified in Section 1.01, Introduction).

Section 1.04 Definitions
A. Employee Unit - The job classifications listed in Section 1.01, Introduction.

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 1st and ending on June 30th.

D. Day - A 24-hour day beginning at 12:00 midnight and ending the following at 11:59 p.m.

E. Employee

1. Regular Employee: An employee who is scheduled to work on a full -time basis and has completed the probationary period.

2. Probationary Employee : A full -time employee who has not completed the probationary period.

F. Working Day
The working day is defined as the number of hours an employee is regularly scheduled to work each day. For example, an employee working a 5/8 schedule would have an eight-hour working day; an employee working a 9/80 schedule would have eight (8) nine-hour working days and one (1) eight-hour working day every two (2) weeks; an employee on a 4/10 work schedule would have a 10-hour working day; 1264
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employees working a 5/9 schedule will have four (4) nine-hour work days and one (1) four-hour day.

Section 1.05 FLSA Work Week
The work week for all schedules shall begin on Sunday and end on Saturday. The City may adjust the work week definition for alternative work schedules and designate a fixed beginning and end time based on the employee’s regularly assigned work schedule in compliance with the Fair Labor Standards Act.

The most common example of an alternative work schedule not using the Sunday through Saturday workweek is a 9/80 schedule . F our (4), nine -hour days per workweek and one alternating eight-hour day (flex day worked)/regular day off (flex day off). Employees assigned a 9/80 schedule have an FLSA workweek designated as beginning four hours into their alternating regular day off or eight-hour day. An example 9/80 schedule is below:

Fri Sat Sun Mon Tue Wed Thu Fri

Week 1 9 9 9 9 4 = 40 hours
Week 2 4 9 9 9 9 = 40 hours
TOTAL = 80 hours

Article II. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective

The probationary period is an integral part of the testing process utilized for closely observing the employee’s work and the employee’s adjustment within the organization. During the probationary period, the City shall coach and provide direction to the e mployee to assess the employee’s adaptability to the City’s work environment and whether they are fully qualified for employment in the classification B. Length

1. An original appointment is defined as an appointment of a new hire, rehire, or temporary/part-time employee being appointed to a regular position. All original appointments shall be subject to a probationary period of 12 months.

2. A promotional appointment is defined as the appointment of a current full -time employee who is promoted into another full -time position. Promotional appointments for employees who have attained regular status in a prior classification shall be subject to a promotional probationary period of six ( 6) months. Promotional appointments for employees who have not attained regular status in a prior classification shall be subject to a probationary period of 12 1265
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months. Time served during a temporary promotion does not count toward the probationary period in the higher classification.

3. If a probationary employee is on leave for more th an 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the employee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six (6) months upon written notice delivered to the employee prior to the completion of the employee’s probationary period.

C. Probationary Release

1. During the probationary period, an employee who has not yet attained regular status in any classification may be te rminated from employment by the Department Head without cause and without right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

2. Except in such situations where the employee is terminated for cause, an employee who is released while serving a probationary period after promotion shall be returned to the employee’s previous classification provided the employee had regular status in that classification.

Section 2.02 Hours of Work
A. Work Schedules
The City reserves the right to schedule work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment.

The City may revise work schedules from time to time. All schedule changes must take effect at the beginning of a pay period.

B. Overtime
The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirements of municipal employment. The City further reserves the right to determine appropriate classification for overtime assignment, those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

C. Meal Time
All employees are subject to the “Meal Time” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

D. Breaks – Rest Periods
All employees are subject to the “Breaks -Rest Periods” policy found in Rule XXVI, “Hours of Work” of the Personnel Rules and Regulations.

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Section 2.03 Transfers and Job Changes
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer within the employee’s department or to another department may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned or to meet the needs of the City. All transfers must be within comparable classes, and no employee will be transferred to a position for which the employee does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction. If the employee being transferred has attained regular status in their classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

A job change may be affected at any time by the City Manager upon request of the employee and recommendations of the Department Heads concerned, or to meet the needs of City service. An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and probationary employees at any time for lack of work, lack of fu nds, or other changes that have taken place. The employee is to be given two weeks’ notice before such a layoff is effective.

B. A demotion or transfer to another department may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occ ur. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Regular employees in the affected classification shall be subject to layoff next.

D. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available. 1267
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E. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City seniority (displacement seniority) provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the person scheduled for layoff. The employee displaced shall be considered to be laid off for the same reason as the person who displaced the employee, and shall in the same manner be eligible to displace to a position in a classification in which the employee formerly held a regular appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

F. Failure to return to work from layoff within 15 calendar days after notice to return by personal email (if available), certified or registered mail to the employee at the employee’s last known address on file with the Human Resources / Risk Management Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications

The Executive Director Human Resources / Risk Management shall periodically review new and existing city positions and recommend their inclusion in this group. Upon approval by the City Manager, such positions shall be considered as Confidential , Specialized Confidential , or Confidential Management.

Section 3.02 Higher Classification Work
A. When an employee is assigned by the employee’s Department Head to temporarily perform the duties of a position in a higher classification for more than 80 cumulative hours, the employee shall receive pay for working in the higher classification. The Department Head or designee shall determine and spec ifically assign, in writing, an employee to perform all of the significant duties of a higher classification.

B. The higher salary rate payable shall commence on the 81st working hour following the temporary assignment to the performance of all and only the duties of the higher classification. The higher rate of pay shall be defined as a five percent increase in pay or the minimum salary rate for the higher classification, whichever is greater, but not more than the maximum salary for the higher classification.

C. If the higher classification is in a different bargaining unit than the employee’s regular classification, the employee would only receive the base salary change, not a change in benefits or unit.

D. Employees temporarily assigned to perform duties of the higher classification must meet the minimum qualification of the higher classification without any more supervision than another would be in the same job.

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perform the duties of such assignment.

F. At the end of such assignment, the employee performing the temporary assignment shall be returned to the employee’s original position and salary rate, inclusive of any merit increases the employee would have been entitled to in their original position.

Section 3.03 Classification Review
A. An employee may request a classification review of the employee’s position. Such request shall be forwarded through the line of supervision to the Executive Director Human Resources / Risk Management.

B. An employ ee shall not submit a subsequent request prior to 18 months after completion of any previous classification review, unless the employee's position has undergone a considerable change in duties and responsibilities.

C. The employee shall be notified in writing of the classification review decision.

Section 3.04 Classification Review/Appeal
A. An employee may appeal the decision of a classification review no later than 10 working days after such results have been provided to the employee. Such an appeal shall be filed with the Human Resources / Risk Management Department. The appeal shall include a detailed statement by the employee indicating the employee’s reasons for disagreement with the classification review decision.

B. A designated individual in the Human Resources / Risk Management Department shall hold a meeting with the employee no later than 14 working days after the appeal is filed. The designated individual shall not be the same person who conducted the initial classification review. This individual shall respond in writing to the employee no later than 21 working days after meeting with the employee.

C. In the event the matter is not settled at the Human Resources / Risk Management Department level, the employee may appeal the decision to the City Manager within 10 working days from Human Resources’ response. The City Manager shall review and respond to the appeal within 10 working days of such appeal. The City Manager’s response shall be final.

D. These procedures shall represent the employee’s singular appeal process and the City Manager’s response shall not be subject to the arbitration provisions or any other provision of the grievance procedures in this Profile.

Article IV. COMPENSATION
Section 4.01 Salary
A. The following salary increases shall be implemented for employees covered by this Profile:
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1. Effective July 13, 2025, employees within the unit will receive a 4% increase in base salary.

2. In addition to the base salary increase mentioned above, the base salaries for the following classifications will also increase by the percentages indicated below.

These additional increases are designed to specifically address base salary compaction resulting from increases to subordinate classifications, and to ensure parity with the compensation range of represented classifications with the same essential functions.

Administrative Assistant 3.79%
Administrative Specialist - Confidential 5.50%
Economic Development Analyst 5.50%
Financial Analyst 1.00%
Human Resources Analyst 5.30%
Legislative Analyst 5.50%
Management Analyst - Confidential 5.50%
Office Assistant - Confidential 5.50%
Office Specialist - Confidential 5.50%
Risk Management Adjuster 5.30%
Senior Administrative Assistant 3.85%
Senior Human Resources Analyst 2.90%
Systems Analyst 3.37%

B. Wages for the various classifications are set forth in Appendix “A.” All non-exempt employees are paid on an hourly basis.

Section 4.02 Pay Plan and Benefits Review

The City will perform a periodic review of benefit and salary levels within the job market to establish competitive benefits and salary levels. Such levels may be adjusted from time to time, with the budgetary approval of the City Council. An adjustment to salary ranges does not require a corresponding adjustment to individual employee pay rates.

Section 4.03 Overtime
A. These provisions shall apply to Confidential employees who are designated as non- exempt. Specialized Confidential employees and Confidential Management employees are exempt pursuant to the FLSA and are not eligible to receive overtime compensation or compensatory time.

B. Overtime shall be paid for compensated hours over 40 in any one workweek or over the employee’s regularly scheduled hours within the day at the rate of one and one - half (1½) times the base hourly rate. Employees on a 5/9 (i.e. 9/80) schedule shall be paid overtime for over 40 compensated hours in any one workweek or over nine hours in one day.
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C. Those employees eligible to receive overtime compensation may receive pay or may elect to receive compensatory time off at a rate of time and one half (1½). However, if overtime is worked pursuant to a grant, and the grant requires that the overtime be compensated as pay, then the employee must receive pay and not compensatory time.

Section 4.04 Compensatory Time
A. Compensatory time not taken as time off during the pay period it was earned shall be accrued for future use as compensated time off.

B. Employees may retain a balance of unu sed compensatory time not to exceed 240 hours at any given time.

C. Upon separation from the City, the employee shall be paid for any unused compensatory time.

D. Employees may also convert accrued compensatory time to salary as provided for in Section 5.03.

E. When an employee has accumulated the maximum allowable hours of compensatory time, no further compensatory time shall be accumulated, and the employee shall only be eligible for overtime pay in accordance with this Profile.

Section 4.05 Skills and Certifications
A. Bilingual Pay
Employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English shall be entitled to bilingual differential pay. Employees shall be compensated for bilingual pay at the rate of $100 per pay period. Such differential shall apply regardless of the total time required for such translation. Employees in such positions must be certified as competent in translation skills by the Human Resources / Risk Management Department to be eligible for compensation.

Unit employees approved to receive bilingual pay may be required to translate at City Council meetings at the discretion of the City Manager or designee. Employees assigned to provide translation at the City Council meetings shall be compensated an additional $50 per meeting. To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Bilingual Premium.

B. Notary Pay
Specified clerical and administrative support positions, which are determined to require notary duties and who obtain and maintain a notary public certificate from the State of California , shall receive additional compensation. Each regular employee who meets the eligibilit y requirements and is designated by the applicable Department Head and Human Resources / Risk Management Department to receive notary pay shall be compensated at the rate of $25 per pay period.

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Secretary of State. The City shall pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(2) – Notary Pay.

Section 4.06 Special Assignment – Recording Commission Meetings A. Designated Confidential employees in clerical/administrative support classifications who are required to attend and take and transcribe meeting minutes for the Library Board of Trustees, Recreation and Parks Commission, Museum of History Trustees, Public Art Program Advisory Commission, and Planning Commission meetings after normal working ho urs, will rece ive Administrative Secretary Premium pay equaling 5% of the employee’s base pay throughout the term of the assignment. The Agency or Department Head and the Executive Director Human Resources / Risk Management shall approve these assignments.

B. To the extent legally permissible, this is special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) – Administrative Secretary Premium.

Section 4.07 On-Call Duty
A. Employees in the classifications of Senior Information Technology Specialist and Information Technology Specialist shall be eligible to receive compensation for on - call duty. Employees who are assigned to be on -call shall receive $ 50 per day for Mondays, Tuesdays, Wednesdays, and Thursdays and $ 55 per day for Friday, Saturdays and Sundays.

B. The Department Head shall determine on -call eligibility for Senior Information Technology Specialists and Information Technology Specialists based on knowledge and abilities.

C. On-call employees are required to respond to call-outs within a reasonable period of time, depending on the nature of any particular call-out problem. In order to assure a reasonable response time, on-call employees are required to be available by cellular phone. An on -call employee may exchange on -call dutie s with another employee receiving on-call pay, subject to prior approval of the immediate supervisors.

Section 4.08 Merit Increases

City Personnel Rules – Salary Adjustments
Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below (exclusive of Section D):

A. Application of Rates
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wage for the position, except when, in the opinion of the City Manager, circumstances warrant appointment at a higher step.

B. Anniversary Date
Each employee’s anniversary date will coincide with the employee’s appointment to a new position in a different classification. All employees wil l retain their current anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six-month period.

Any employee who is within 90 days of eligibility for 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 4.08(C) below. The date of appointment shall be used to c ompute vacation, annual leave, sick leave, and retirement benefits.

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

C. Advancements
The advancement of an employee is not automatic, but the result of increased service value to the City. Service value shall be determined by recommendation of the Department Head, length of servic e, 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 full -time and part-time position are granted according to the conditions outlined in Section 4.08(A) and 4.08(B) 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
D. Salary Upon Promotion
An employee who is promoted shall be assigned to the lowest step of the new salary range which allows an increase of approximately 5% over the employee’s current salary at the time of promotion. The Agency Head may recommend assignment to a higher salary step based on special circumstances to the Executive Director Human Resources / Risk Management . The date of promotion will establish a new salary review date and the employee shall be eligible for the next merit increase in accordance with Section 4.08(C). The promotion date will be effective at the beginning of an established pay period.

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Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays shall 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
Veterans’ 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
New Year's Eve December 31st
B. 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 applicable accrued vacation, compensatory, annual leave and/or or management leave to cover this period of closure.

C. Any holiday listed in Section 5.01(A) which falls on a Sunday shall be observed on the following Monday.

D. Employees shall receive holiday compensation equal to their scheduled workday, not to exceed 10 hours per holiday.

E. Employees on an 8-hour day work schedule shall receive eight (8) hours of holiday.

F. Employees on a 4/10 work schedule shall receive 10 hours of holiday.

G. Employees on a 9/80 work schedule shall receive compensation in accordance to their work schedule, as follows:
a) Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. 9 or 8 hours).
b) If the holiday falls on the employee ’s regular scheduled or “flex” day off, the employee shall receive nine (9) hours.

H. Confidential employees having any holiday listed in Section 5.01(A) which falls on an employee’s regular day off shall be compensated at the employee’s option as compensatory time or pay at the rate of one hour for every hour of the regular 1274
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schedule not to exceed 10 hours per holiday as provided in Section 5.01(D).

I. Specialized Confidential and Confidential Management employees having any holiday listed in the Section 5.01(A) which falls on an employee’s regular day off shall be compensated as accrued annual leave not to exceed 10 hours per holiday as provided in Section 5.01(D).

J. Employees shall not be eligible for holiday pay for any pay period for which the employee either:
a) Has an unapproved leave of absence during the pay period, or b) is on a leave of absence without pay for the entire pay period.

Section 5.02 Vacation (Confidential)
A. Confidential employees accumulate the following vacation hours in accordance with City service time. Confidential employees accrue vacation leave evenly over 26 pay periods each year as follows:

CONFIDENTIAL EMPLOYEES
Year of Service
Vacation Leave
Hours Earned
Per Year
1 – 3 112
4 120
5 – 10 136
11 144
12 152
13 160
14 168
15 176
16+ 192
B. Vacation shall be accrued based on paid hours on a pro-rated basis. For example, if a confidential employee is paid for 40 hours in an 80-hour pay period, the employee shall earn one -half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, vacation, bereavement, sick, personal, jury duty, catastrophic, paid parental, military, and administrative leaves. It excludes amounts paid by any disability benefits, including short -term and long -term disability and workers’ compensation.

Section 5.03 Leave Conversion (Confidential)
A. Confidential employees’ maximum accrual amount for vac ation is 500 hours. Once the employee has a vacation accrual balance of 500 hours, no vacation hours will be 1275
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accrued until the balance drops below 500 hours.

B. Unit employees wishing to participate in the voluntary leave conversion process must submit an i rrevocable election form no later than December 15th of the pr eceding calendar year to convert the following hours to cash:

1. Accrued Vacation Hours - An amount that may not exceed the number of vacation hours the individual employee may accrue in the following calendar year.

2. 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.

C. The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

D. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

E. The payment shall be made via payroll and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

F. Employees who do not submit an irrevocable election form by December 15th will be deemed to have foregone participation in the optional vacation and/or compensatory time conversion salary program for the following calendar year.

G. In the event an employee has less hours in their vacation and compensatory 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 vacation and compensatory bank at the time of the actual cash-out, less any minimum balances.

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

I. Any conversion of vacation hours to cash shall not cause the employee’s total amount of accrued vacation in their vacation leave bank to fall below a 40 hour minimum balance. Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.04 Sick Leave/Retained Sick Leave
A. Confidential employees accrue sick leave at the rate of 96 hours per calendar year, accrued evenly over 26 pay periods.
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B. Specialized Confidential and Confidential Management employees may have retained sick leave (“sick leave”) if the employee previously held a position that accrued sick leave and if the employee had a sick leave balance greater than 1 00 hours prior to promotion or transfer.

C. Employees may utilize any retained sick leave balance as paid leave for the diagnosis, care, or treatment of an existing health condition for, or the preventive care of, an employee or an employee's immediate famil y member. "Family member" for purposes of this policy includes spouses, registered domestic partners, children (regardless of age), parents (including step -parents and parents -in-law), grandparents, grandchildren, siblings, or a designated person. Employee s may also use retained sick leave under this policy if they or a family member is a victim of a crime, including domestic violence, sexual assault, stalking, or for any other reason consistent with California law.

D. In addition, employees may utilize any re tained sick leave balance for use as paid leave for:
a) Death of an immediate family member as defined in Section 3.06; b) Conversion to CalPERS Service Credit.

E. Confidential employees may use up to 48 hours of sick leave per calendar year for sickness within the employee’s immediate family in accordance with California Labor Code Section 233 (“KinCare”).

1. Immediate family for this provision includes the following relationships relative to the employee: 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 le gal guardian of the employee or the employee’s spouse or registered domestic partner, or person who stood in loco parentis when the employee was a minor. If applicable, leave taken pursuant to this provision will be counted concurrently with other family leaves.

2. Confidential employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave).

F. Employees are not entitled to sick leave for illness or injury while also engaging in business or activity for monetary gain or other compensation that would conflict with the illness or injury for which the employee has been granted sick leave.

G. There shall be no limit on the amount of sick leave that may be accrued by a n employee.

H. Sick Leave shall not be taken as vacation or converted to salary at any time.

I. When an employee has been on sick leave, the City reserves the right to make any investigation of the illness it deems necessary, including requiring a doctor's certification. On the first day of illness, the employee must notify the department 1277
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before the shift begins if the employee is to receive sick leave credit.

J. The first 24 hours or three (3) days of sick/retained sick leave or annual leave taken consistent with Section 5.04(C) during a calendar year shall be designated to comply with California Labor Code Sections 245 -249 (Healthy Workplace/Healthy Family Act).

K. All determinations of sick leave use shall be made by the Department Head concerned, subject to the approval of the Executive Director Human Resources / Risk Management.

Section 5.05 Annual Leave (Specialized Confidential/Confidential Management) A. Specialized Confidential and Confidential Management employees accumulate annual leave hours. The purpose of annual leave is to provide these employees the ability to accrue time off for use in vacation, sick, and personal leave situations.

Annual Leave shall not be used:
a) To extend retirement or separation date; or
b) for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payment from another employer.

B. Specialized Confidential employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay periods each year as follows:

SPECIALIZED CONFIDENTIAL
Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 170
4 178
5 – 10 194
11 202
12 210
13 218
14 226
15 234
16+ 250
C. Confidential Management employees accumulate the following annual leave hours in accordance with City service time. Employees accrue annual leave evenly over 26 pay periods each year as follows:

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D. Annual Leave shall be accrued based on paid hours on a pro -rated basis. For example, if an employee is paid for 40 hours in an 80-hour pay period, the employee shall earn one -half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, annual leave, management leave, bereavement, sick, personal, jury duty, catastrophic, paid parental, military, and administrative leaves. It excludes amounts paid by any disability benefits, including short-term and long-term disability and workers’ compensation.

E. On the first day of an absence from work, the employee must notify the department before the shift begins if the employee is to receive annual leave credit.

Section 5.06 Annual Leave Conversion (Specialized Confidential/Confidential Management)
A. The maximum amount of annual leave that may be accrued is 800 hours. Once the employee has an annual leave accrual balance of 800 hours, no annual leave hours will be accrued until the balance drops below 800 hours.

B. Conversion of Accumulated Vacation Leave and Sick Leave to Annual Leave

1. Each accumulated Vacation Leave hour will be converted to one (1) hour of Annual Leave for employees who become members of the Specialized Confidential or Confidential Management units due to promotion, transfer, or demotion.

2. Up to one hundred hours of accumulated Sick leave will be converted at a rate of .6 hours to Annual Leave. Remaining accumulated sick leave hours for employees who become members of the Specialized Confidential or Confidential Management units due to promo tion, transfer, or demotion will be retained only for use for the purposes described in Section 5.04 – Sick Leave/Retained Sick Leave.

CONFIDENTIAL MANAGEMENT
Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 - 8 216
9 - 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272
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C. Conversion of Accumulated Vacation Leave and Sick Leave to Compensation

1. Specialized Confidential and Confidential Management employees may convert a minimum of 8 hours and a maximum of 300 hours of annual leave and/or compensatory time twice each calendar year.

2. Employees must submit an irrevocable election form, by no later than December 15th of the preceding calendar year to convert the following hours to cash:
a) Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.
b) 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.

The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

3. The total combined number of vacation and compensatory hours converted per calendar year shall not exceed 300 hours.

4. The payment shall be made via payroll, and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

5. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in th e optional annual leave and/or compensatory time conversion salary program for the following calendar year.

6. In the event an employee has less hours in their annual leave and compensatory 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 annual leave and compensatory bank at the time of the actual cash-out, less any minimum balances.

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

8. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
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9. For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
a) Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or b) Loss or extensive damage to the employee’s property due to casualty; or c) Other similar extraordinary and unfores eeable circumstances arising as a result of events beyond the control of the employee.

10. Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or designee.

11. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a 40 hour minimum balance. Cash -out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.07 Personal Leave
A. An employee may use any accrued annual leave, vacation and / or compensatory time, but no more than three (3) working days of sick leave per calendar year, as paid personal leave, prov ided an emergency or other urgent and justifiable cause is presented at the time the request is made for:

1. Bereavement leave for other than members of the employee's immediate family (immediate family is defined in Section 5.04 (B));

2. Personal court appearances when required to be present, except for jury duty and court appearances related to City Business.

3. Any other personal need requiring a leave during working hours when approved by the Department Head or the authorized department representative.

B. The employee shall provide no less than two (2) days written notice. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two-day notice required provided the employee can demonstrate an urgent and justifiable reason for not providing the required notice.

C. Personal leave shall be charged against any unused sick leave/retained sick leave, vacation, annual leave or compensatory time the employee has accumulated provided there is no conflict with the conditions outlined above. Additional leave may be authorized by the City Manager from any leave accrued or without pay.

Section 5.08 Management Leave (Specialized Confidential / Confidential Management)

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Employees in the Specialized Confidential and Confidential Management classifications accrue 40 hours of management leave with the first full pay period ending in January. Employees hired or promoted into the Specialized Confidential or Confidential Management classifications after that date shall receive a prorated amount of such leave. Such leave may only be used as time off during the calendar year. Any remaining hours will not carry over to the following calendar year. Such leave will not convert to compensation upon separation from employment. Employees may not use management leave to extend retirement or separation date.

Section 5.09 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family member. The employee may elect to use accrued time off including accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time to cover all or a portion of the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or in excess of 250 miles from the employee’s home. Such bereavement leave shall not be charged against the employee’s accrued sick leave, vacation, annual leave, management leave, or accrued compensatory time.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision shall be consisted with the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation unless stipulated by law. This definition includes the following relationships 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 (i.e. parent, stepparent, mother -in-law, father -in-law); spouse; registered domestic partner; grandparent; grandchild; sibling.

E. Employees shall be granted one (1) working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece or nephew.

F. Employees may be provided release time by Department Heads to attend the funeral of deceased City employees without loss of pay.

G. Employees may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.10 Family Medical Leaves
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A. Family Medical Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions and interpreted regulations for those respective statutes.

B. Employees may utilize up to six (6) weeks of accrued sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave shall be used prior to the unpaid leave provisions of FMLA and CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave of absence shall run concurrently with FMLA/CFRA leave . Pregnancy Disability Leave shall run concurrently with any approved FMLA/CFRA leave.

C. Employees are required to use up to 80 hours pe r pay period of all eligible leave accruals or the number of hours for full integration if integrating with disability programs. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals for Confidential , Specialized Confidential, and Confidential Management employees include, but are not limited to, vacation, annual leave, management leave, and compensatory time for any purpose, and sick leave accruals if used for qualified medical, bereave ment, or personal reasons as defined in this Article.

Section 5.11 Catastrophic Leave Program
A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury, caused by either physical or mental impairment. A statement from the employee’s treating physician is required.

B. The City also agrees to permit employees to contribute a portion of their accrued vacation, annual leave and/or compensatory time to another employee when such an employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick Leave/Retained Sick Leave may not be donated.

C. All Catastrophic Leave transfers, are subject to the following conditions:

1. The Human Resources / Risk Management Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employee’s treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to an illness or injury. A statement from the employee or the family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefore facing financial hardship.
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5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The donating employee must have at least 96 hours sick leave or annual leave (for Specialized Confidential / Confidential Management) remaining after such donation and the leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The donations must be in whole-hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs. The donations are irrevocable and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

8. Donations shall be made on a Catastrophic Leave Form prescribed by the Human Resources / Risk Management Department.

Section 5.12 Jury Duty
A. In the event a n employee is duly summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excluding mileage or subsistence allowances, shall be remitted to the City.

B. Any employee called for jury d uty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s department.

C. This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

Section 5.13 Paid Parental Leave
A. Each employee shall be granted a paid parental leave of absence not t o exceed 40 hours per calendar year upon the birth or adoption of the employee’s child or children.

Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is subject to the department’s established time o ff or leave of absence approval procedures. Such paid parental leave shall not be charged against the employee's sick leave, vacation leave, annual leave, or accrued compensatory time.

B. The employee may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under the California Family 1284
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Rights Act (CFRA) and the Family Medical Le ave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

D. Individuals subject to their initial probation period with the City of Ontario shall be required to complete a full duty on-the job probationary period as outlined in Section

2.01. Section 5.14 Submitting and Recording of Leave Time (Specialized Confidential / Confidential Management)
A. It is recognized that in certain circumstances, the fulfillment of an employee's responsibilities requires longer or more irregular hours than usual. In such instances, a department may allow an employee the flexibility to attend to personal business away from work during normal works hours without requiring the use of accrued leave.

Exercising this flexibility shall not amount to compensating the employee on an hour off for an hour worked basis.

B. Employees shall submit requests for time off for full or partial day absences to their immediate supervisor or manager with as much advance notice as possible. Authority to approve the request is at the sole discretion of the immediate supervisor or manager based on the nature of the request and the operational demands of the department.

C. Full day absences: Employees are required to use their accrued time off (annual, leave, retained sick leave or management leave) for full day absences.

D. Partial day absences: An employee's partial day absence(s) exceeding two hours will be charged to the employee's accumulated time off, (annual leave, retained sick leave, or management leave), or taken as leave without pay. Absences of less than two hours will not be charged to accumulated time off or charged as leave without pay. Employees with approved intermittent Family Medical Leave, California Family Rights Act or other protected leave, the employee must record each hour not worked.

E. Employees are expected to complete their assigned duties regardless of their use of partial day absences. Flexibility of employee's work hours may or may not be granted based on operational needs, including the need for supervisors to be available.

Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a maximum of $204.67 per month toward health insurance premiums for active Confidential and Specialized Confidential employees and retirees. The City will contribute up to a maximum of $300.00 per month toward health insurance pre miums for active Confidential Management employees and retirees. These amounts are inclusive of the minimum statutory employer contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) for active employees who choose to enroll in the City’s medical plan. 1285
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Section 6.02 City Contributions to Cafeteria Plan Benefits A. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental and vision benefits.

B. Employees must enroll in a City offered medical insurance plan unless the employee 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.

C. City Contribution: For Eligible Employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01 shall be as follows:

Coverage Level
Confidential / Specialized
Confidential Confidential Management
Single Coverage $765 $765
Two Party Coverage $1,050 $1,090
Family Coverage $1,335 $1,380

For Eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01, shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

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

After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Only those Eligible Employees hired on or before December 31, 2017 enrolled in single level coverage may take the remainder of the City’s contribution in cash as taxable compensation. If the Kaiser Plan single coverage exceeds $765, those employees selecting single coverage level, regardless of hire date, will no longer receive cash back from excess contributions.

D. Cash-in-Lieu Option: An employee will be eligible to receive cash -in-lieu of $573 per month if hired on or before August 31, 2004 or $420 per month if hired on or after September 1, 2004 instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee signs a form attesting that the employee and the employee's Tax Family have Alternative Required Coverage for the Opt -Out Period meeting the 1286
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following definitions:
a) Tax Family - all individuals for whom the employee 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 - minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c) Opt-Out Period - the plan year to which the opt-out arrangement applies.

2. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee 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 k now that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02(C) are not otherwise satisfied.

E. Dental Insurance: Employees who enroll in the City’s dental plan shall rece ive an employer cont ribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in this Section 6.02).

Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

F. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employee and dependent coverage (in addition to the City Contribution described in this Section

6.02). Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

G. Eligible Employee Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6.02 (A), unless the employee is receiving disability benefits. Paid status includes hours paid for: regular work time, compensatory time off, vacation, annual leave, management leave, be reavement leave, sick leave, retained sick leave, jury duty leave, catastrophic leave, paid parental leave, personal leave, paid military leave, administrative leave, and paid holidays. a) The City will continue its contributions toward employee cafeteria plan and health insurance contributions for a leave of absence due to the employee’s own illness or injury not to exceed a total 26 consecutive pay periods. b) If the leave of absence is not consecutive, the continuation of the contributions toward cafeteria plan benefits shall not exceed 26 pay periods total in an 18- month period.
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c) The employee is responsible for payment of any benefit cost above the applicable health allotment (City contribution) and any voluntary supplemental benefit plans during their leave period. If the employee fails to make timely payments, their benefits will be discontinued.

2. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

H. Disability
The City assumes the full premium cost for the employee in the City-designated short and long-term disability programs.

I. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismemberment (AD&D) insurance plan. The City will pay the premiums for life insurance coverage in the following amounts:

Basic Life Insurance
Accidental Death and
Dismemberment (AD&D)
Confidential $50,000 $50,000
Specialized Confidential $51,000 $54,000
Confidential Management $51,000 $54,000
Section 6.03 Flexible Spending Accounts

The City will offer Flexible Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre-tax deductions for qualifying medical, dental, vision, and dependent care expenses. The plan is established and administered in accordance with Sect ion 125 of the Internal Revenue Service Code.

Section 6.04 Retirement
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees ’ Pension Reform Act of 2013. Generally, this includes employees 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 than six (6) months. CalPERS ultimately determines who is a classic member in compliance with the law.

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

3. All classic CalPERS members shall pay the employee’s contribution of 8% percent as a pre-tax deduction to CalPERS.
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B. New Member

1. A new member is defined as an employee who me ets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 , or form er 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 members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

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

C. Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:
a) Section 20903 – Two Years Additional Service Credit
b) Section 20965 – Sick Leave Credit
c) Section 21024 – Military Service Credit
d) Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability
e) Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.05 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer deferred compensation contributions.
a) Confidential Management - $255 per month
b) Specialized Confidential - $125 per month
c) Confidential employees - $75 per month
B. The contribution will be paid in equal bi-weekly installments during the first and second pay periods of the month.

C. Employees are eligible to voluntarily participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may contribute to the plan in accordance with plan provisions and subject to plan maximums.

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Section 6.06 Employee Assistance Program

The City shall continue to maintain an employee assistance program for all employees.

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

Section 6.07 Certifications/Licensing & Training
A. Certifications / Licensing
When the City determines that a reclassification of a position requires the incumbent to obtain a specialized license or certificate , or if such a requirement is established for the position by a Federal or State agency during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the emplo yee if the employee presents proof of payment.

B. Employee Training
Any training or educational class approved by the employee’s Agency/Department Head, that provides both the employee and the City with value, shall be considered as time worked. Value is de fined as course material that is directly related to the employee’s job if it aids the employee in handling the employee’s present job better.

This would include any class scheduled on an employee’s regular day off.

Section 6.08 Tuition Reimbursement
A. To encourage all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic courses that are determined to be job-related and subject to the following conditions:

1. Full-time, non-probationary employees are eligible.

2. The determination that the course is job related shall be made by the employee’s Department Head.

3. The course shall provide college -level credit fr om an accredited educational institution.

4. The employee is not eligible for assistance from any other source.

5. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours.

8. Certification of completion of the course with a passing grade must be obtained and submitted within 60 calendar days after completion of the course. 1290
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9. The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 per calendar year.

B. Tuition reimbursement requests shall be submitted through the City’s Human Resource Information System to the employee’s Department Head for a determination that the course is job -related. After such determination is made, the Department Head shall approve the request and it will be routed to the Human Resources / Risk Management Department for processing. The Human Resources / Risk Management Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources / Risk Management Department. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Article VII. DISCIPLINARY PROCEDURE
Section 7.01 Provisions
A. An employee may be discipl ined for policies, misconduct, or any other just cause.

Discipline is defined as demotion, discharge, reduction -in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, development plans, evaluations and other related actions are not considered discipline for the purposes of this article.

B. The disciplinary procedure provides that the employee shall receive advance notice of the proposed disciplinary action at least five (5) working days before the action is to be implemented. The notification time frame shall begin the day after the notice of the proposed disciplinary action is served. The notice shall include:

1. The specific grounds and particular facts upon which the proposed action is based; and

2. any materials, reports, or documents upon which the action is based.

Section 7.02 Response
A. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by a reviewer of the proposed action. Such review /meeting shall be conducted by the Agency Head for the employee’s department prior to the imposition of the disciplinary action. If the Agency Head is proposing the disciplinary action, an alternate City Agency Head shall conduct the review/meeting.

B. Following the review of the proposed action, the Executive Director Human Resources / Risk Management or designee shall serve on the employee, by personal email (if available), certified mail or personal delivery, a statement inf orming the employee of the results of the review. This statement shall inform the employee of the grounds for the decision and the acts or omissions which support the grounds.

This statement shall also include the employee’s appeal rights. 1291
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C. The employee s hall have 14 calendar days to file an appeal with the Executive Director Human Resources / Risk Management or designee.

Section 7.03 Appeal Hearings
A. Within 14 calendar days after a serious disciplinary action is imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shall be conducted as an evidentiary hearing.

B. The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service.

The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 calendar days after receiving the list of potential Hearing Officers.

C. The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the Hearing. The City or the appellant may request that the Hearing be recorded. The Hearing Officer shall notify the City and the appellant of the date, time, location and estimated length of the Hearing, at least 10 calendar days prior to the Hearing date. The Hearing Officer may require the submission of written closing statements at the close of the Hearing and prior to the issuance of a decision.

The time periods in this Section may be extended by mutual agreement of the City and the appellant.

D. After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the Hearing and the submission of closing statements, if required. The City or the appellant ma y request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request must be made in writing to the Executive Director Human Resources / Risk Management within 30 calendar days after receipt of the decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final.

E. The cost of the Hearing Officer’s services shall be shared equally between the City and the appellant. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the Hearing. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the Hearing.

F. If the appellant fails to attend a scheduled Hearing or fails to submit their portion of the costs of the Hearing, prior to the Hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.

Section 7.04 General Provisions
A. This disciplinary procedure should be used for all serious disciplinary actions which are normally considered (1) demotions, (2) discharges, (3) reductions in pay, and (4) 1292
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suspensions.

B. The above procedure may be deviated from in circumstances where there is a need for immediate action. In such cases, an employee may be ordered off the job if the employee’s conduct imperils the safety or welfare of the public, other employe es, or said employee (e.g., drunkenness, violence, gross insubordination).

C. An employee shall have the right of representation when the employee reasonably anticipates that a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Section 7.05 Written Rebuttals
Letters of reprimand, counseling memos, performance improvement plans, development plans, evaluations and other related actions are not considered to the notification and appeal procedures in this article. Similarly, probationary discharge, probationary demotions, or other actions taken while an employee is on probation are not subject to the notification and appeal procedures in this article. However, an employee may prepare a written response to be placed in the employee’s personnel file along with the document. Such written rebuttal must be made within 30 days of the receipt of the document.

Article VIII. COMPLAINT/GRIEVANCE PROCEDURE
Section 8.01 Definitions
A. Complaint - A concern of an employee, which arises from the application of a term of this document, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

B. Grievance - A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this document, existing City Rule, Regulation, or Policy regarding working conditions.

C. Grievant - A regular or probationary employee, who alleges in a grievance that the employee has been directly wronged by a violation of a specific term(s) of this profile, existing City Rule, Regulation, or Policy regarding working conditions.

D. Immediate Supervisor - The appropriate supervisory or management person to whom the employee directly reports.

E. Representative - An employee or other person representing the grievant who at the grievant's request may be present at Levels I through IV.

F. Respond and File - Personal delivery, work or personal email, or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If work or personal email is used, the cal endar date of the email sent will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing. 1293
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Section 8.02 Level I - Informal Review
A. An employee will have the right to present a complaint and to have the complaint considered with the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

B. Whenever possible, the employee and the employee’s immediate supervisor will attempt to resolve the complaint informally.

C. The immediate supervisor will provide an answer to the employee no later than 14 working days after t he employee presents the grievance. Such response will be provided orally.

D. A resolution of the complaint at the informal level will not be precedent setting.

Section 8.03 Level II – Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance with the Department Head no later than 10 working days after the response of the immediate supervisor at Level I. The grievant will state the following clearly and concisely on a grievance form provided by the City ( Appendix B):

1. The specific term(s) of the document, City Rule, Regulation, or written policy regarding working conditions, which have been violated;

2. the action grieved, including names, dates, places, and times and how it violated a specific term(s) of thi s document, City Rule, Regulation, or policy regarding working conditions;

3. the remedy sought;

4. the name and classification of the grievant and the employee’s signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head will hold a meeting with the grievant and employee’s representative, if any, at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head will respond in writing to th e grievant within 10 working days after the Level II meeting. The response will be accompanied by the original grievance and accompanying documentation.

Section 8.04 Level III
A. In the event the grievance is not settled at Level II, the grievant may file the Level III grievance with the Agency Head no later than 10 working days after the Level II 1294
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response. The grievant will include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory. The Agency Head may hold a meeting with the grievant and employee’s representative, if any, at a mutually acceptable time and location. The Agency Head will respond to the grievant no later than 10 working days after receipt of the Level III grievance.

B. The grievant will present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

C. Amendments and/or modifications to the grievance will not be made by the grievant after the Level III filing date, except by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date. Each party will make an effort to share evidence with each other upo n discovery.

Section 8.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

B. The City Manager or the City Manager’s designee (acting with the full authority of the City Manager) may meet with the grievant at a mutually acceptable time and location within 10 working days of receipt of the written grievance. The City Manager or the City Manager’s designee shall respond to the grievant no later than 10 working days after the meeting or 20 working days after receipt of the grievance at Level IV. The response will be accompanied by the original grievance and accompanying documentation.

C. If the grievance has not been s ettled at Level IV, then within 10 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, the grievant may request arbitration by giving notice to that effect, by certified mail, return re ceipt requested, directed to the Executive Director Human Resources / Risk Management.

Section 8.06 Level V – Arbitration
A. The arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.

B. The arbitrator will be selected using an alternate striking procedure [by mutual agreement of both parties] and a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable source, or the arbitrator may be selected by mutual agreement.

C. The cost of any arbitration proceeding will be divided equally between the City and the grievant.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without go od cause, will result in the forfeiture of the case and 1295
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responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear. Any cancellation or postponement fee will be borne by the responsible party.

E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the review and approval of the City Council.

F. The cost of the arbitr ation services shall be shared equally by the parties. Any expenses for witnesses, however, shall be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this document, City Rule, Regulation, or policy regarding working conditions.

H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 8.07 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article will render the grievance untimely and the grievance will not continue be processed at any Level .

Failure by the City representative to timely respond under this Article will permit the grievance to be filed at the next level.

B. Time limits set forth in this Article may be extended by mutual agreement.

C. No punitive action or retaliation will be assessed against an employee for utilizing the grievance procedure.

D. Employees will be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level II. Such release time for pre-grievance consultation or grievance preparation is applicable per grievance and its scheduling will not interfere with departmental operations.

E. The parties may consolidate at any level grievances on similar issues.

F. Grievance records will be filed separately from an employee's personnel file and will be considered confidential.

G. A grievant may withdraw a grievance at any time. The grievant will not file any subsequent grievance on the same alleged incident.

H. A decision by the grievant to submit a grievance to arbitration will automatically be a waiver of all other remedies except as provided otherwise by statute.

I. No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

J. Organizational channels will be utilized at all times and participation in the grievance and the discussion of information related thereto will be limited to the parties to the 1296
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grievance except when such other persons are identified and/or called as witnesses.

K. A group of employees may file one grievance rather than individ ual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hear ings or provide grievance responses to each individual, but only to one of the employees involved who represents the Group filing the grievance.

L. The review of a proposed disciplinary action shall not be subject to these grievance procedures.

Section 8.08 Authority of Third Party

Each issue decided by arbitration will stand on its own merits and will not be used as a precedent in deciding any future issue.

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 / Risk Management 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. Personnel actions (i.e. discipline, promotions) will be based on documentation within such file.

B. Employees have the right to have access to , and obtain copies of, any document in the physical version of their official personnel file. Employees may be charged for cost of excessive duplication of any materials in the pe rsonnel file for which they request copies.

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 access 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 will be provided with an initial copy of any document, which wi ll be placed in the official personnel file. An employee shall have the right to respond in writing or personal interview to any information contained in the employee’s personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.

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A. 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.

B. Either Human Resources / Risk Management, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the 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.

C. 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.

D. 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.

E. 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 doc umentation 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 circumstance/event that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources / Risk Management Department to be considered for an exception. Human Resources / Risk Management 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 / Risk Management 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 1298
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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.

Section 9.05 Peaceful Performance of City Services A. Employees shall not cause, condone, or participate in any strike, walk out, work stoppage, job action, slow down, speed up, sick out, refusal, or failure to faithfully perform assigned duties and resp onsibilities, withholding of services or other interference with City operations, including compliance with the request of any labor organizations to engage in any or all of the preceding activities.

B. In addition to any other lawful remedies for the disciplinary action available to the City, the City may invoke any and all remedies available to it under its Employer-Employee Relations Section of the Personnel Rules and Regulations.

Article X. FINAL SIGNATURE

All terms and conditions set forth in this Profile are hereby effective the 1st day of July 2025.

_________________________________ ________________ Scott Ochoa Date
City Manager

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Section 10.01 Appendix A

Confidential
Approximate Salaries*
July 13, 2025
Classification Step Hourly Rate Monthly Rate
Accountant 1 $41.27 $7,153.47
2 $43.34 $7,512.27
3 $45.52 $7,890.13
4 $47.80 $8,285.33
5 $50.15 $8,692.67
Accounting Technician 1 $34.61 $5,999.07
2 $36.32 $6,295.47
3 $38.14 $6,610.93
4 $40.03 $6,938.53
5 $42.05 $7,288.67
Accounts Payable Technician 1 $34.61 $5,999.07
2 $36.32 $6,295.47
3 $38.14 $6,610.93
4 $40.03 $6,938.53
5 $42.05 $7,288.67
Administrative Assistant 1 $34.16 $5,921.07
2 $35.89 $6,220.93
3 $37.65 $6,526.00
4 $39.54 $6,853.60
5 $41.51 $7,195.07
Administrative Assistant to the City Council 1 $46.43 $8,047.87 2 $48.76 $8,451.73
3 $51.17 $8,869.47
4 $53.74 $9,314.93
5 $56.39 $9,774.27
Administrative Specialist - Confidential 1 $37.52 $6,503.47 2 $39.37 $6,824.13
3 $41.36 $7,169.07
4 $43.42 $7,526.13
5 $45.60 $7,904.00
Broadband Analyst 1 $47.08 $8,160.53
2 $48.79 $8,456.93
3 $51.92 $8,999.47
4 $54.50 $9,446.67
5 $57.22 $9,918.13
Community Information Specialist 1 $35.64 $6,177.60
2 $37.39 $6,480.93
3 $39.29 $6,810.27
4 $41.24 $7,148.27
5 $43.31 $7,507.07
Database Administrator 1 $63.73 $11,046.53
2 $66.93 $11,601.20
3 $70.28 $12,181.87
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4 $73.77 $12,786.80
5 $77.44 $13,422.93
Economic Development Analyst 1 $45.78 $7,935.20
2 $48.06 $8,330.40
3 $50.47 $8,748.13
4 $52.99 $9,184.93
5 $55.64 $9,644.27
Economic Development Specialist 1 $40.20 $6,968.00
2 $42.22 $7,318.13
3 $44.31 $7,680.40
4 $46.53 $8,065.20
5 $48.86 $8,469.07
Financial Analyst 1 $54.99 $9,531.60
2 $57.73 $10,006.53
3 $60.62 $10,507.47
4 $63.67 $11,036.13
5 $66.80 $11,578.67
Human Resources Coordinator 1 $42.14 $7,304.27
2 $44.24 $7,668.27
3 $46.44 $8,049.60
4 $48.77 $8,453.47
5 $51.20 $8,874.67
Human Resources Specialist 1 $35.64 $6,177.60
2 $37.39 $6,480.93
3 $39.29 $6,810.27
4 $41.24 $7,148.27
5 $43.31 $7,507.07
Human Resources Technician 1 $38.20 $6,621.33
2 $40.11 $6,952.40
3 $42.11 $7,299.07
4 $44.22 $7,664.80
5 $46.44 $8,049.60
IT Specialist 1 $40.20 $6,968.00
2 $42.22 $7,318.13
3 $44.31 $7,680.40
4 $46.53 $8,065.20
5 $48.86 $8,469.07
IT Technician 1 $36.18 $6,271.20
2 $37.99 $6,584.93
3 $39.87 $6,910.80
4 $41.86 $7,255.73
5 $43.96 $7,619.73
Management Analyst - Confidential 1 $45.78 $7,935.20
2 $48.06 $8,330.40
3 $50.47 $8,748.13
4 $52.99 $9,184.93
5 $55.64 $9,644.27
Office Assistant - Confidential 1 $23.74 $4,114.93
2 $24.93 $4,321.20
3 $26.18 $4,537.87
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4 $27.47 $4,761.47
5 $28.85 $5,000.67
Office Specialist - Confidential 1 $28.67 $4,969.47
2 $30.12 $5,220.80
3 $31.62 $5,480.80
4 $33.17 $5,749.47
5 $34.83 $6,037.20
Payroll Coordinator 1 $44.35 $7,687.33
2 $46.57 $8,072.13
3 $48.90 $8,476.00
4 $51.35 $8,900.67
5 $53.89 $9,340.93
Payroll Technician 1 $38.20 $6,621.33
2 $40.11 $6,952.40
3 $42.11 $7,299.07
4 $44.22 $7,664.80
5 $46.44 $8,049.60
Personnel and Training Coordinator 1 $38.20 $6,621.33
2 $40.11 $6,952.40
3 $42.11 $7,299.07
4 $44.22 $7,664.80
5 $46.44 $8,049.60
Records Coordinator 1 $38.06 $6,597.07
2 $39.97 $6,928.13
3 $41.96 $7,273.07
4 $44.06 $7,637.07
5 $46.25 $8,016.67
Records Specialist 1 $29.38 $5,092.53
2 $30.85 $5,347.33
3 $32.37 $5,610.80
4 $33.98 $5,889.87
5 $35.69 $6,186.27
Risk Management Specialist 1 $35.64 $6,177.60
2 $37.39 $6,480.93
3 $39.29 $6,810.27
4 $41.24 $7,148.27
5 $43.31 $7,507.07
Senior Accountant 1 $47.92 $8,306.13
2 $50.32 $8,722.13
3 $52.84 $9,158.93
4 $55.47 $9,614.80
5 $58.23 $10,093.20
Senior Accounts Payable Technician 1 $36.50 $6,326.67
2 $38.32 $6,642.13
3 $40.39 $7,000.93
4 $42.26 $7,325.07
5 $44.35 $7,687.33
Senior Administrative Assistant 1 $37.59 $6,515.60
2 $39.47 $6,841.47
3 $41.42 $7,179.47
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4 $43.50 $7,540.00
5 $45.67 $7,916.13
Senior Information Technology Specialist 1 $44.35 $7,687.33 2 $46.58 $8,073.87
3 $48.90 $8,476.00
4 $51.35 $8,900.67
5 $53.90 $9,342.67
Senior Performance and Optimization Analyst 1 $59.54 $10,320.27 2 $62.55 $10,842.00
3 $65.64 $11,377.60
4 $68.95 $11,951.33
5 $72.38 $12,545.87
Senior Records Specialist 1 $34.63 $6,002.53
2 $36.35 $6,300.67
3 $38.16 $6,614.40
4 $40.07 $6,945.47
5 $42.06 $7,290.40
Senior Systems Analyst 1 $59.56 $10,323.73
2 $62.56 $10,843.73
3 $65.68 $11,384.53
4 $68.96 $11,953.07
5 $72.39 $12,547.60
Systems Analyst 1 $45.85 $7,947.33
2 $48.15 $8,346.00
3 $50.55 $8,762.00
4 $53.09 $9,202.27
5 $55.72 $9,658.13
Systems Specialist 1 $40.20 $6,968.00
2 $42.22 $7,318.13
3 $44.31 $7,680.40
4 $46.53 $8,065.20
5 $48.86 $8,469.07

Confidential Management

Administrative Officer - Confidential 1 $65.44 $11,342.93 2 $68.74 $11,914.93
3 $72.16 $12,507.73
4 $75.79 $13,136.93
5 $79.56 $13,790.40
Payroll Supervisor 1 $55.83 $9,677.20
2 $58.61 $10,159.07
3 $61.54 $10,666.93
4 $64.60 $11,197.33
5 $67.83 $11,757.20
Principal Human Resources Agency Partner 1 $65.44 $11,342.93 2 $68.74 $11,914.93
3 $72.16 $12,507.73
4 $75.79 $13,136.93
5 $79.56 $13,790.40
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Principal Risk Management / Benefits Agency
Partner 1 $65.44 $11,342.93
2 $68.74 $11,914.93
3 $72.16 $12,507.73
4 $75.79 $13,136.93
5 $79.56 $13,790.40
Safety Officer 1 $53.90 $9,342.67
2 $56.60 $9,810.67
3 $59.42 $10,299.47
4 $62.39 $10,814.27
5 $65.48 $11,349.87
Senior Financial Analyst - Confidential 1 $60.31 $10,453.73 2 $63.32 $10,975.47
3 $66.49 $11,524.93
4 $69.81 $12,100.40
5 $73.30 $12,705.33
Senior Human Resources Analyst 1 $55.47 $9,614.80
2 $58.25 $10,096.67
3 $61.15 $10,599.33
4 $64.20 $11,128.00
5 $67.38 $11,679.20
Senior Management Analyst - Confidential 1 $53.90 $9,342.67 2 $56.60 $9,810.67
3 $59.42 $10,299.47
4 $62.39 $10,814.27
5 $65.48 $11,349.87

Specialized Confidential

Executive Assistant to the City Manager 1 $68.85 $11,934.00 2 $72.28 $12,528.53
3 $75.90 $13,156.00
4 $79.68 $13,811.20
5 $83.65 $14,499.33
Human Resources Analyst 1 $50.49 $8,751.60
2 $53.00 $9,186.67
3 $55.66 $9,647.73
4 $58.41 $10,124.40
5 $61.32 $10,628.80
Internal Auditor 1 $48.28 $8,368.53
2 $50.70 $8,788.00
3 $53.21 $9,223.07
4 $55.88 $9,685.87
5 $58.67 $10,169.47
Legislative Analyst 1 $45.78 $7,935.20
2 $48.06 $8,330.40
3 $50.47 $8,748.13
4 $52.99 $9,184.93
5 $55.64 $9,644.27
Risk Management Adjuster 1 $48.08 $8,333.87
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2 $50.49 $8,751.60
3 $53.00 $9,186.67
4 $55.66 $9,647.73
5 $58.43 $10,127.87
Senior Community Information Specialist 1 $44.35 $7,687.33 2 $46.57 $8,072.13
3 $48.90 $8,476.00
4 $51.35 $8,900.67
5 $53.89 $9,340.93
Senior Internal Auditor 1 $54.44 $9,436.27
2 $57.15 $9,906.00
3 $60.01 $10,401.73
4 $63.03 $10,925.20
5 $66.13 $11,462.53

1305

Memorandum of
Understanding

Between
Association of Ontario
Management Employees

And

City of Ontario

July 1, 2025

through

June 30, 2026

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Table of Contents

ARTICLE I. ADMINISTRATION .............................................................................. 4 Section 1.01 Parties to the Agreement ................................ ................................ ............... 4 Section 1.02 Recognition ................................ ................................ ................................ .... 4 Section 1.03 City Personnel Rules ................................ ................................ ..................... 5 Section 1.04 Effect of Agreement ................................ ................................ ....................... 5 Section 1.05 Definitions ................................ ................................ ................................ ...... 5 Section 1.06 Management Rights ................................ ................................ ....................... 6 Section 1.07 Employee Rights ................................ ................................ ............................ 6 ARTICLE II. EMPLOYMENT PROVISIONS .................................................................. 7 Section 2.01 Probationary Period ................................ ................................ ....................... 7 Section 2.02 Hours of Work ................................ ................................ ................................ 7 Section 2.03 Transfers and Job Changes ................................ ................................ ........... 8 Section 2.04 Layoff Procedures ................................ ................................ .......................... 8 ARTICLE III. CLASSIFICATIONS .............................................................................. 9 Section 3.01 New Classifications ................................ ................................ ........................ 9 ARTICLE IV. COMPENSATION ................................................................................. 9 Section 4.01 Salary ................................ ................................ ................................ ............ 9 Section 4.02 Compensation Survey and Compaction Analysis ................................ ..........10 Section 4.03 Overtime/Compensatory Time ................................ ................................ ......10 Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services .....................11 Section 4.05 Skills and Certifications ................................ ................................ .................12 Section 4.06 Merit Increases ................................ ................................ .............................12 ARTICLE V. LEAVES – PAID AND UNPAID ..............................................................13 Section 5.01 Holidays ................................ ................................ ................................ ........13 Section 5.02 Annual Leave ................................ ................................ ................................ 14 Section 5.03 Use of Retained Sick Leave ................................ ................................ ..........17 Section 5.04 Management Leave ................................ ................................ ......................17 Section 5.05 Personal Leave ................................ ................................ .............................18 Section 5.06 Bereavement Leave ................................ ................................ ......................18 Section 5.07 Family Medical Care Leaves ................................ ................................ .........19 Section 5.08 Catastrophic Leave ................................ ................................ .......................19 Section 5.09 Jury Duty ................................ ................................ ................................ ......20 Section 5.10 Paid Parental Leave ................................ ................................ .....................21 ARTICLE VI. BENEFITS .......................................................................................21 Section 6.01 Health Insurance Contribution ................................ ................................ .......21 Section 6.02 Fringe Benefit Contribution ................................ ................................ ...........21 Section 6.03 Insurance Committee ................................ ................................ ....................24 Section 6.04 Flexible Spending Accounts ................................ ................................ ..........24 Section 6.05 Retirement ................................ ................................ ................................ ....24 Section 6.06 Deferred Compensation ................................ ................................ ................25 Section 6.07 Employee Assistance Program ................................ ................................ .....25 Section 6.08 Tuition Reimbursement ................................ ................................ .................25 Section 6.09 Meal Reimbursement ................................ ................................ ....................26 Section 6.10 Uniforms ................................ ................................ ................................ .......26 Section 6.11 Auto Allowance ................................ ................................ ................................ .26 ARTICLE VII. GRIEVANCE PROCEDURE ...................................................................27 Section 7.01 Definitions ................................ ................................ ................................ .....27 Section 7.02 Level I - Informal Review ................................ ................................ ..............27 Section 7.03 Level II - Formal ................................ ................................ ............................28 1307
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Section 7.04 Level III ................................ ................................ ................................ .........28 Section 7.05 Level IV................................ ................................ ................................ .........29 Section 7.06 Level V - Arbitration ................................ ................................ ......................29 Section 7.07 General Provisions ................................ ................................ .......................29 Section 7.08 Authority of Third Party ................................ ................................ .................30 ARTICLE VIII. DISCIPLINARY ACTION .....................................................................31 Section 8.01 Definition ................................ ................................ ................................ .......31 Section 8.02 Notification and Appeal Procedure ................................ ................................ 31 Section 8.03 Arbitration Procedures ................................ ................................ ..................31 Section 8.04 Written Rebuttals ................................ ................................ ..........................32 ARTICLE IX. ASSOCIATION MEMBERSHIP AND ACTIVITY ..........................................32 Section 9.01 Release Time ................................ ................................ ............................... 32 Section 9.02 Records ................................ ................................ ................................ ........32 Section 9.03 New Employee Orientation ................................ ................................ ...........32 ARTICLE X. GENERAL PROVISIONS ......................................................................33 Section 10.01 Personnel Files ................................ ................................ .............................33 Section 10.02 Overpayments, Recovery and Underpayments ................................ .............33 Section 10.03 Direct Deposit and Electronic Pay Advice ................................ .....................34 Section 10.04 Separability ................................ ................................ ................................ ...34 Section 10.05 Duration and Implementation ................................ ................................ ........34 ARTICLE XI. FINAL SIGNATURES ..........................................................................35

Appendix A. Salary Grade Table

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Article I. ADMINISTRATION
Section 1.01 Parties to the Agreement
This Memorandum of Understanding (hereinafter known as the Agreement) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the Association of Ontario Management Employees (hereinafter known as the Association).

Section 1.02 Recognition
The City hereby formally recognizes the Association as the Representative for those regular employees employed by the City and defined in Rule I, Section 9 of the Personnel Rules and Regulations, in the following classifications:

Accounting Supervisor Administrative Officer
Assistant City Engineer Assistant Parks and Maintenance Director Assistant Planning Director Broadband Coordinator
Broadband Operations Manager Building Manager
Business License Supervisor City Auditor
Communications and Community Relations
Manager
Community Improvement Supervisor
Community Information Supervisor Community Life and Culture Officer Construction Project Manager Customer Service Supervisor Deputy City Clerk/Records Manager Deputy Fire Marshal
Economic Development Coordinator Emergency Manager
EMS Nurse Facilities Maintenance Superintendent
Fire Communications Manager Fire Protection Analyst
Fleet Services Superintendent Forensic Manager
Government Affairs Manager Homeless Services Manager
Housing Manager Integrated Waste Manager
Integrated Waste Superintendent Internal Audit Manager
Investment and Treasury Officer IT Manager
Library Services Manager Municipal Services Manager
Museum, Arts and Culture Manager Parks and Street Maintenance Manager Parks and Streets Maintenance
Superintendent
Performance and Optimization Manager
Permit Services Supervisor Plan Check Engineer
Police Administrative Manager Police Communications Manager Police Records Manager Principal Broadband Analyst
Principal Construction Project Manager Principal Engineer Principal IT Analyst Principal Planner
Project Manager Purchasing Manager
Purchasing Supervisor Recreation/Community Services Manager Revenue Manager Senior Associate Civil Engineer
Senior Associate Engineer Senior Economic Development Coordinator Senior Financial Analyst Senior Landscape Architect
Senior Legislative Analyst Senior Management Analyst
Senior Network Engineer Senior Plan Check Engineer
Senior Planner Senior Project Coordinator
Senior Project Manager Senior Public Safety Business Analyst Supervising Building Inspector Supervising Managing Curator 1309
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Supervising Plans Examiner Supervising Public Works Inspector Sustainability Program Manager Traffic/Transportation Manager Urban Forestry Superintendent Utilities Engineering Manager Utilities Operations Assistant Manager Utilities Operations Manager Utilities Project Manager Wastewater Compliance Manager Water Production Manager Water Quality Programs Manager Water Resources Manager Water/Sewer Maintenance Manager Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the Ci ty certain personnel rules, policies, practices, and benefits, generally contained in the “City of Ontario Personnel Rules and Regulations,” and the “Employment Policies” in the City’s Online Policy Center which will continue in effect, except for those pr ovisions modified by this Agreement, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies . This section will conform within the scope of Meyers-Milias-Brown Act.

Section 1.04 Effect of Agreement
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the underst andings and agreements arrived at by the parties after the exercise of that right and opportunity is set forth in this Agreement.

This Agreement supersedes all previous agreements, understandings, and prior practices related to matters included within this Agreement.

Section 1.05 Definitions
A. Bargaining Unit - The employees defined in Section 1.02, Recognition.

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 1st and ending on June 30th.

D. Day - A calendar day, unless specified otherwise.

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

F. Employee

1. Regular Employee - An employee who is scheduled to work on a full-time basis and has completed the probationary period.

2. Probationary Employee – A regular employee who has not completed the probationary period.

G. Week - Seven consecutive days beginning on Sunday and going through Saturday.

H. Working Day - A daily work period an employee is regularly scheduled to work each day. 1310
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For example, an employee working a 5/8 schedule would have an eight-hour working day; an employee working a 9/80 schedule would have eight (8) nine-hour working days and one eight (8) hour working day every two (2) weeks; and an employee on a 4/10 work schedule would have a ten-hour working day.

Section 1.06 Management Rights
A. There are no provisions in the Agreement that will be deemed to limit or curtail the Ci ty in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this Agreement unless and only to the extent that the provisions of the Agreement specifically curtail or limit such rights, powers, and authority.

B. The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.

4. Direct its employees.

5. Relieve its employees from duty because of lack of work or for other legitimate reasons.

6. Maintain efficiency of government operations.

7. Determine the methods, means, and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organizat ion and the technology of performing its work.

11. To discharge, suspend, demote, reprimand, and withhold salary increases and benefits, or otherwise discipline employees for cause.

12. To establish reasonable employee performance standards including, but not limi ted to, quality and quantity standards, and to require compliance herewith.

C. Where required by law, the City agrees, prior to implementation, to meet and confer with the Association over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the Association members is provided for in this Agreement, Personnel Rules and Regulations or Administrative Manual.

Section 1.07 Employee Rights
A. The City will afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

B. An employee will have the right to representation by a representative of their choice when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

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Article II. EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
A. Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing an employee's work and adjustment within the organization. During the probationary period, the City shall coach and provide direction to the employee to assess the employee’s adaptability to the City’s work environment and if they are fully qualified for employment in the classification.

B. Length

2. A promotional appointment is defined as the appointment of a current full-time employee who is promoted into another full -time position. Promotional appointments into the classifications of Fire Communications Manager, Police Communications Manager and Police Records Manager shall be subject to a probationary period of 12 months. All other promotional appointments for employees who have attained regular status in a prior classification shall be subject to a probationary period of 6 months. Promotional appointments for employees who have not attained regular status in a prior classification shall be subject to a probationary period of 12 months. Time served during a temporary promotion does not count toward the probationary period in the higher classification.

3. If a probationary employee is on leave for more than 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the employee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six (6) months upon written notice delivered to the employee prior to the completion of the employee’s probationary period.

C. Probationary Release
During the probationary period, an employee may be terminated by the Department Head or Agency Head without cause and without the right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

An employee who is released while serving a probationary period after promotion sha ll be returned to the employee’s previous classification, provided the employee had regular status in that classification.

Section 2.02 Hours of Work
A. Work Schedules
The City reserves the right to schedule work as required in a manner most advantageous to the Cit y and consistent with the public interest and the requirements of municipal employment.

The City agrees to meet with the unit representatives as required by the Meyers -Millias- Brown Act relative to any changes to regular work schedule. 1312
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Section 2.03 Transfers and Job Changes
A. A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned, or to meet the service needs of the department. All transfers must be within comparable classes, and no employee will be transferred to a position for which the employee does not possess the minimum qualifications. A transfer will not be used to circumvent the regulations surrounding promotion, demotion, advancement, or reduction in pay. If the employee being transferred has attained regular status in the employee’s classification, a new probationary period shall not be required. If a probationary employee is being transferred, the employee will be required to complete the probationary period based on the original end-of-probation date.

B. A job change is an employee’s voluntary movement into another classification at the same salary range or within 1%. A downward movement to a salary range within 1% will not be considered a demotion as defined in the Personnel Rules and Regulations. A job change may be affected at any time by the City Manager upon request of the e mployee and recommendations of the Department Heads concerned or to meet the needs of the City.

An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall be the same as for promotions.

Section 2.04 Layoff Procedures
A. The City Manager may layoff regular and probationary employees at any time for lack of work or other changes that have taken place. The City shall provide the Association with 30-day notice to begin employee impact discussion s. The employee will be given two weeks’ notice before such a layoff is to take place. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee affected by the layoff during the two-week period prior to the layoff action.

B. A demotion or transfer to another department with the City Managers’ approval may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

C. In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and placed on a “Recall List” and shall be eligible for recall for one (1) year from the date of placement on the list; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional ci rcumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.

D. The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an incumbent with less overall City seniority (displacement 1313
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seniority) provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The person scheduled for layoff shall displace the employee with the least displacement seniority. The employee displaced shall be considered as laid off for the same reason as the person who displaced the employee and shall in the same manner be eligible to displace to a position in a classification in which the employee formerly held a regular appointment, is qualified by education and/or experience, and is capable of performing the duties of the classification.

E. Failure to return to work from layoff within 30 calendar days after notice to return by certified or registered mail to the employee at the employee’s last known address on file with the Human Resources Department or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re-employment responsibilities placed on the City. The employee must notify the City regarding the employee’s intent to return within seven (7) calendar days from notice to return.

Article III. CLASSIFICATIONS
Section 3.01 New Classifications
The City agrees to meet and confer with the Association representative on any new classification approved, which appropriately should be added to the unit covered by this Agreement.

Article IV. COMPENSATION
Section 4.01 Salary
A. Effective July 13, 2025, employees within the unit will receive a 4% increase in base salary.

B. To specifically address base salary compaction resulting from increases to subordinate classifications, in addition to the base salary increase above, the base salary for the following classifications will also increase by the percentage indicated below.

Building Manager 5.50%
Homeless Services Manager 2.20%
Housing Manager 2.20%
Investment and Treasury Officer 0.20%
IT Manager 0.60%
Municipal Services Manager 1.90%
Senior Financial Analyst 0.20%
Supervising Building Inspector 10.0%
Supervising Public Works Inspector 10.0%

C. In the event the classifications subordinate to the Supervising Building Inspector receive greater than 12.5% in certification compensation, the City will reevaluate the base salary for this classification.
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D. Wages for the represented classifications shall be set forth in Appendix “A” attached to this Agreement.

Section 4.02 Compensation Survey and Compaction Analysis Prior to initiating the meet and confer process for a new Agreement, as described in Section

10.05(B), the City will complete a survey of compensation for a representative sample of comparable classifications in the cities of Anaheim, Burbank, Cor ona, Fullerton, Glendale, Pasadena, Pomona, Rancho Cucamonga, Riverside, San Bernardino, and Santa Ana. This survey information shall be provided to the Association.

In addition to the study above, the City will conduct a compaction analysis. The compa ction analysis will determine whether any subordinate employees are earning more than their supervisors when accounting for base pay and any skill or certification compensation. Skill or certification compensation shall be additional compensation specifica lly available to employees in the subordinate classification based on their possession of skills and/or a certification. Skill or certification compensation available to employees without regard to their classification will not be included.

Compaction will be determined by comparing the top step of the classification to the top step of highest paid subordinate classification (the classification of an employee for whom the unit employee prepares their employee performance evaluation). Only planned and confi rmed increases during the duration of the agreement will be considered.

Section 4.03 Overtime/Compensatory Time
A. Employees in this unit are exempt from overtime under the Fair Labor Standards Act (FLSA) due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. In certain circumstances, the City Manager may authorize additional compensation or leave for substantial time required to meet emergency and/or storm responses, unusual scheduling required to meet the requirements of holiday coverage, attention to duties outside the normal work schedule and such other needs.

C. Additional time worked during a workweek may be offset by adjustment in subsequent working hours the following week. This provision will be given first consideration prior to the implementation of any other form of compensatory adjustment.

D. The earning and accrual of overtime and/or compensatory time requires the written approval of the City Manager.

E. Compensatory time will not be provided for the following situations:

1. Regular meetings of the City Council or any City Commission requiring attendance. Such meetings are considered a part of the normal duties of the position.

2. Attending professional association meetings or speaking engagements that are not required by the Department Head.

3. Working time beyond the normal workday necessary for efficient and effectiv e departmental operations or for the purpose of maintaining good public relations. Any 1315
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such time will be considered a part of the normal duties of the position.

F. In all instances of compensatory time, management leave , and/or overtime, the first and foremost consideration in the administration of these policies will be the effective and efficient operation of the City Government and its respective departments as well as the specific departmental operations that may be affected.

G. Overtime Compensation - Overtime for management personnel is defined as straight time compensation at the employee’s regular hourly rate , except as provided for in Section

4.04(B).

H. Compensatory Time - Compensatory time is defined as time off work provided to an employee in lieu of ove rtime pay and is time that may be accrued. Upon termination or retirement from the City, the employee will receive credit for any unused compensatory time that has been accrued.

I. Application for Compensatory Time Leave

1. Compensatory time should be applied for when a leave of extended duration is desired, such as an absence in excess of two (2) consecutive working days.

2. All compensatory time will be recorded in the employee’s comp time bank. The maximum amount of accrual is 240 hours.

3. No compensatory time will be accrued in excess of 240 hours.

Section 4.04 Overtime/Compensatory Time for Direct Dispatching Services A. Employees in the classification of Fire Communications Manager, Police Communications Manager, and Police Records Manager are exempt from overtime under the FLSA due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay, discipline, and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. Although still considered to be FLSA exempt, employees in the classification of Fire Communications Manager, Police Communications Manager and Police Records Manager will be eligible to receive overtime compensation at the rate of one and one-half (1½) times the employees’ regular rate of pay for time worked or deemed to have been worked in excess of 80 hours in a pay period only when providing direct dispatching services normally performed by Fire/Police Dispatch Supervisors or Fire/Police Senior Dispatchers and/or Dispatchers. Time deemed to have been worked for this provision shall include authorized absences for annual leave, holiday, retained sick, compensatory t ime, jury duty, bereavement, parental, personal, military, and paid disciplinary leaves. In calculating an employee’s regular rate of pay for overtime purposes, only the employee’s base rate of pay will be included. No allowances or other forms of compen sation will be included in the calculation to determine the employee’s regular rate . Fire Communications Manager , Police Communication Manager and Police Records Manager will work in such assignments only when a search for other alternative replacements ha s been exhausted.

Such assignments and overtime authorization shall be subject to the pre -approval of the Police Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

C. Employees who work overtime in accordance with the provisions in Section 4.04(B) may earn compensatory time in lieu of overtime pay subject to the approval of the Police 1316
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Administrative Officer and/or Police Administrative Director or Fire Administrative Director.

The earning and application of compensatory time shall be subject to the provisions listed in Section 4.03(H) and Section 4.03(I).

Section 4.05 Skills and Certifications
A. Bilingual Pay

1. Employees in positions designated by the Department Head which require communication skills in languages other than English who routinely and consistently perform bilingual translation as part of their regular duties, may receive bilingual differential pay. Such differential will apply regardless of the total time required per day for such translation. Bilingual pay will be $ 100 per pay period. Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. Unit employees approved to receive bilingual pay may be required to translate at City Council meetings, at the discretion of the City Manager or designee. Employees assigned to provide translation at the City Council meetings shall be compensated $ 50 per meeting.

B. Notary Pay

1. Specified clerical positions, which are determined to require notary duties and who obtain and maintain a notary public certificate from the State of California , shall receive additional compensation . Each full -time unit employee who meets the eligibility requirements and is designated by the applicable Department Head and Human Resources Department to receive notary pay, shall be compensated at the rate of $ 25 per pay period.

2. Unit employees receiving notary pay shall also maintain their commission from the California Secretary of State. The City shall also pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

Section 4.06 Merit Increases
A. City Personnel Rules – Salary Adjustments
Merit increases are administered in accordance with the City Personnel Rule XI, as repeated below.

1. Application of Rates

Employees occupying a position in the City service shall be paid at the rate established for their position. 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.

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 employee shall receive more than one (1) merit increase within any six (6) month period. Any employee 1317
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who is within 90 days of achieving a merit increase 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 4.06(A)(3) below.

The date of appointment shall be used to compute annual leave and retirement benefits.

3. Advancements

The advancement of an employee is not automatic, but the result of increased 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 ot her evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each full -time and part -time position are granted according to the conditions outlined in Section 4.06(A)(1) and Section 4.06(A)(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 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

4. Salary on Promotion

An employee who is promoted shall be assigned to the lowest step of the new salary range which allows an increase of approximately five percent (5%) over the employee’s current salary at the time of promotion. The Agency Head may recommend assignment to a higher salary step based on special circumstances to the Executive Director Human Resources / Risk Management. The date of promotion will establish a new salary review date and the employee shall be eligible for the next merit increase in accordance with Section

4.06(A)(3). Advancements. The promotion date will be effective at the beginning of an established pay period.

B. Development Plans
An employee who receives a development plan after the due date with a recommendation for an increase in merit will be eligible to receive the applicable merit increase retroactively to the appropriate review date.

Article V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
A. The following paid holidays will be observed on the day specified below:

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
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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
New Year's Eve December 31st
B. Any holiday listed in Section 5.01(A) which falls on Sunday shall be observed on the following Monday.

C. Any holiday which falls on an employee's regular day off shall be accrued as annual leave.

The employee shall receive annual leave equal to the employee’s scheduled workday, not to exceed the employee’s regularly scheduled shift per holiday, as follows:

1. Employees on an 8-hour per day work schedule shall receive eight (8) hours of annual leave.

2. Employees on a 4/10 work schedule shall receive 10 hours of annual leave.

3. Employees on a 9/80 work schedule shall receive annual leave in accordance with their scheduled workday as follows:
a. Employees shall receive the number of hours they were scheduled to work that day (e.g. nine (9) or eight (8) hours depending upon the day the holiday falls). b. If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive nine (9) hours of annual leave.

D. Employees shall not be eligible for holiday pay for any pay period for which the employee either:

1. Has an unapproved leave of absence during the pay period, or

2. is on a leave of absence without pay for the entire pay period.

E. The parties agree that 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, management leave or compensatory time to cover the period of closure.

Section 5.02 Annual Leave
A. The purpose of annual leave is to provide employees in the Management group the ability to accrue time for use in vacation, sick leave and personal leave situations. Annual leave shall not be used:
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1. To extend retirement or separation date;

2. for illness or injury arising from outside employment, for which the employee is receiving workers’ compensation or disability payments from another employer.

B. Accrual of annual leave benefits will be based on years of service as follows:

Year of Service
Annual Leave
Hours Earned
Per Year
1 – 3 192
4 200
5 – 8 216
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272
C. Annual leave shall be accrued based on paid hours on a pro -rated basis. For example, if an employee is paid for 40 hours in an 80 -hour pay period, the employee shall earn one - half of the normal accrual. Paid hours include regular work time, compensatory time off, holiday, annual, bereavement, sick, parental, personal, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short -term disability and workers’ compensation.

D. The maximum amount of annual leave that can be accrued is 800 hours. No leave will be accrued above 800 hours.

E. Conversion of Accumulated Vacation Leave and Sick Leave to Annual Leave

1. All accumulated vacation leave hours shall be converted to annual leave hours for employees that become Management employees as the result of promotion.

2. If an emp loyee with accumulated sick leave hours is promoted to a Management position, the employee may, at the employee’s option, convert up to 100 hours of sick leave to annual leave hours. Remaining acc umulated sick leave hours will be retained only for use as leave for the purposes described in Section 5.03.

3. Upon promotion into the Management group, if the combination of converted sick and vacation leave hours results in an annual leave balance of more than 750 hours, any leave hours over 750 hours will be converted to compensation at the rate prior to promotion.

F. Annual Leave Conversion

1. Employees may request to convert a minimum of eight (8) hours and a maximum of 200 hours of their accumulated annual leave hours to salary compensation twice per calendar year. The total number of hours converted per calendar year shall not 1320
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exceed 200. Employees may not convert accumulated annual leave below a balance of 40 hours.

2. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

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

3. In accordance with 26 CFR 1.451 -2, effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form, by no later than December 15th of the preceding calendar year to convert the following hours to cash:

a. Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.

b. 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.

4. The cash-out election is for ho urs to be accrued or received in the calendar year following submission of the irrevocable election form.

5. The total combined number of annual leave and compensatory time hours converted per calendar year shall not exceed 200 hours.

6. The payment shall be made via payroll and employees may elect to receive the cash out in the first payday in June and/or the first payday in December, but the request must be submitted by December 15th of the year prior.

7. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave and/or compensatory time conversion salary program for the following calendar year.

8. In the event an employee has less hours in their annual leave and compensatory time bank at the time the cash-out is to be paid than they ha d previously elected to cash-out, the employee shall only be paid for up to the amount remaining in their annual leave and compensatory time bank at the time of the actual cash-out.

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

10. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, 1321
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subject to the same value that was permitted at the time the annual irrevocable election forms were due.

G. For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:

1. Accident, illness, injury or death of the employee or an immediate fam ily member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or

2. Loss or extensive damage to the employee’s property due to casualty; or

3. Other similar extraordinary an d unforeseeable circumstances arising as a result of events beyond the control of the employee.

H. Whether an occurrence is an unforeseeable emergency shall be solely determined by the Executive Director Human Resources / Risk Management or their designee.

1. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a 40-hour minimum balance. Cash -out of accumulated time shall be at the employee’s option.

Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.03 Use of Retained Sick Leave
A. Employees may utilize any retained sick leave balance as paid leave for the diagnosis, care, or treatment of an existing health condition for, or the prevent ive care of, an employee or an employee's immediate family member. "Family member" for purposes of this policy includes spouses, registered domestic partners, children (regardless of age), parents (including step -parents and parents -in-law), grandparents, grandchildren, siblings, or a designated person. Employees may also use retained sick leave under this policy if they or a family member is a victim of a crime, including domestic violence, sexual assault, stalking, or for any other reason consistent with California law.

B. In addition, employees may utilize any retained sick leave balance for use as paid leave for:

1. Death of an immediate family member as defined in Section 5.06;

2. Conversion to CalPERS Service Credit.

C. A City employee is not entitled to use retained sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation.

D. Retained sick leave cannot be used for catastrophic leave donations.

E. All determinations of retained sick leave usage will be made by the Department Head concerned, subject to the approval of the Executive Director Human Resources / R isk Management.

Section 5.04 Management Leave
A. Management leave is to be encouraged and is the desirable means of handling unusual 1322
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work situations or requirements, which may be compensable under the provisions for compensatory time or overtime. Forty hours leave shall be granted to Management personnel at the first pay period ending in January. Employees hired or promoted into the Management unit after the first of the calendar year shall have their management leave allotment prorated according to the date of entry into the unit.

B. Management leave is defined as an adjustment made in the employee’s work schedule in recognition of work situations and/or requirements that justify granting time off during normal working hours when such adjustment will not interfere wit h or detract from the effectiveness and efficiency of the department.

C. Management leave may be taken at any time for any purpose, subject to prior approval of the Management employee’s supervisor. Employees shall use accrued management leave during the calendar year. Unused management leave shall be forfeited at the end of each calendar year.

D. Employees cannot use management leave to extend retirement or separation date.

Section 5.05 Personal Leave
An employee may use up to three (3) working days of retained sick leave per calendar year as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 5.06 Bereavement Leave
A. In the event of a death in the employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against the employee's retained sick leave, annual leav e, management leave, or accrued compensatory time. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family member. The employee may elect to use accrued time off i ncluding retained sick leave, annual leave, management leave, or accrued compensatory time to cover all or a portion of the unpaid portion of their bereavement leave.

B. A maximum of five (5) working days paid bereavement leave will be granted if there is a death in the immediate family (as defined in Section 5.06(D)) outside the State boundaries.

Such bereavement leave shall not be charged against the employee's retained sick leave, annual leave, management leave or accrued compensatory time.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision is defined as 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 others included in the definition of immediate family in California Labor Code Section 245.5(c) or successor legislation.

E. The employee will be granted one (1) working day paid personal leave to attend the funeral of a close relative not in the employee’s immediate family. A close relative is defined as an 1323
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individual outside of the immediate family as defined in Section 5.06(D), who is a n aunt, uncle, or cousin.

F. City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

G. The employee may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.07 Family Medical Care Leaves
A. Family Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions and interpreted regulations for those respective statutes.

B. Maternity, Paternity and Family Medical Care Leave of up to 12 weeks shall be granted in accordance with FMLA and CFRA statutes.

C. Employees may utilize up to six (6) weeks of retained sick leave for leaves of absence for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave may be in addition to any unpaid leave, which may be granted under the provisions of FMLA and CFRA. This sick leave shall be use d prior to the unpaid leave provisions of FMLA and CFRA.

D. Employees are required to use 80 hours per pay period of all eligible leave accruals, or the number of hours for full integration if integrating with disability programs, up to 80 hours per pay period. Employees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, annual leave, management leave, and compensatory time off for any purpose, and retained sick leave if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 5.08 Catastrophic Leave
A. The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury, caused by either physical or mental impairment.

B. The City also agrees to permit employees to contribute a portion of their accrued annual leave and/or compensatory time to another employee when such employee is on an approved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick leave or retained sick leave may not be donated.

C. All Catastrophic Leave transfers are subject to the following conditions:

1. The Human Resources Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or the employee’s Department requesting donations.

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attenti on. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employees treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to the illness or injury. A statement from the employee or employee family 1324
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member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefore facing financial hardship.

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The donations must be in whole hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs.

8. The donations are irrevocable and shall be indistinguishable from other leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

9. Donations shall be made on a Catastrophic Leave form prescribed by the Hu man Resources Department.

Section 5.09 Jury Duty
A. In the event any full-time employee is duly summoned to any court during the employee’s scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from the employee’s regular duties with pay. Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City.

B. Any employee called for jury duty in Rancho Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to San Bernardino, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to the employee’s department.

C. This section shall not apply when an employee is summoned o r otherwise required to appear in court in the course of City business.

Section 5.10 Submitting and Recording of Leave Time A. It is recognized that in certain circumstances, the fulfillment of an employee's responsibilities requires longer or more irreg ular hours than usual. In such instances, a department may allow an employee the flexibility to attend to personal business away from work during normal works hours without requiring the use of accrued leave. Exercising this flexibility shall not amount to compensating the employee on an hour off for an hour worked basis.

C. Full day absences - Employees are required to use their accrued time off (annual leave, retained sick leave or management leave) for full day absences. 1325
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D. Partial day absences - An employee's partial day absence(s) exceeding two (2) hours will be charged to the employee's accumulated time off, (annual leave, retained sick leave, or management leave), or taken as leave without pay. Absences of less than two (2) hours will not be charged to accumulated time off or charged as leave without pay. Employees with approved intermittent Family Medical Leave, California Family Rights Act or other protected leave, the employee must record each hour not worked.

Section 5.10 Paid Parental Leave
A. Each employee shall be granted a paid parental leave of absence not to exceed 40 hours per calendar year upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption date and is s ubject to the department’s established time off or leave of absence approval procedures. Such paid parental leave shall not be charged against the employee's annual leave, sick leave, or accrued compensatory time.

B. The employee may be required to furnish ev idence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under CFRA and FMLA and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

D. Individuals subject to their initial probation period with the City of Ontario shall be required to complete a full duty on-the job probationary period as outlined in Section 2.01.

Article VI. BENEFITS
Section 6.01 Health Insurance Contribution
The City will contribute up to a m aximum of $300 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the minimum statutory employer contribution under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for active employees who choose to enroll in the City’s medical plan.

Section 6.02 Fringe Benefit Contribution
A. Health, Dental, and Vision Contributions

1. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental, and vision benefits.

2. Enrollment - An Eligible Employees must enroll in a City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt-out provision below. The City’s lowest cost employee -only plan satisfies the Federal Pove rty Line Safe Harbor 1326
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under the Patient Protection and Affordable Care Act.

3. City Contribution - For eligible active employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01 (A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a monthly Health Flex Contribution based on the level of coverage selected by the employee as follows:

Single Coverage $765
Two-party Coverage $1,090
Family Coverage $1,380

4. Beginning January 1, 2018, for eligible active employees who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 6.01(A), shall be based on the level of coverage selected by the employee, and equal to the corresponding Kaiser premium for the region in which the employee is enrolled and as reflected on the CalPERS monthly billing statement. Employees hired on or before December 31, 2017, selecting single party coverage shall receive a contribution of no less than $765 per month, or the applicable Kaiser premium for single party coverage, whichever is greater. Employees hired on or after January 1, 2018, selecting single party coverage shall receive a monthly contribution up to the Kaiser premium for single party coverage for the region in which the employee is enrolled.

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

6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash. Effective January 1, 2018, only those Eligible Employees hired on or before December 31, 2017, enrolled in single-level coverage may take the remainder of the City’s contribution in cash as taxable compensation.

7. Cash-in-Lieu Option - An employee will be eligible to receive cash-in-lieu of instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied.
a. The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period. 1) Tax Family - all individuals for whom the employee intends to claim a personal exemption deduction for in the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies.
2) Alternative Required Coverage required - minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
3) Opt-Out Period - the plan year to which the opt-out arrangement applies. b. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash-in-lieu.
c. The cash-in-lieu payment cannot be made and the City will not in fact make payment 1327
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if the City knows or has reason to kn ow that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section 6.02 (D) are not otherwise satisfied.
d. If the above conditions are satisfied:
4) Eligible Employees who were hired on or after September 1, 2004 are eligible to receive $420 per month cash-in-lieu.
5) Eligible Employees who were hired before September 1, 2004 are eligible to receive $485 per month cash-in-lieu.

8. Dental Insurance - Employees who enroll in the City’s dental plan shall receive an employer contribution up to the DPO basic plan premium for employee and dependents (in addition to the City Contribution described in this Section 6.02).

Employees who do not enroll in the City dental plan will not receive employer contribution for dental premiums.

9. Vision Insurance - Employees who enroll in the City’s vision plan shall receive an employer contribution up to the basic vision plan premium for employees and dependents (in addition to the City Contribution described in this Section 6.02).

Employees who do not enroll in the City vision plan will not receive employer contribution for vision premiums.

B. Eligibility Requirements

1. Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6.02(A). Paid status includes hours paid for regular work time, compensatory time off, annual leave, management leave, bereavement leave, retained sick leave, jury duty leave, parental leave, personal leave, paid military leave, disciplinary leave, and paid holidays. It does not include amounts paid by any other disability benefits.

2. Employees on an extended leave of absence due to their own illness or injury who do not have sufficient leave accruals to meet the 15-hour minimum for paid status will be eligible to continue the fringe benefit contributions as follows:
a. Regardless of whether the employee has leave accruals available to use, the City will continue its contributions toward employee fringe benefits for a leave of absence not to exceed a total of 26 consecutive pay periods.
b. If the leave of absence is not consecutive, the continuation of the contributions toward fringe benefits shall not exceed 26 pay periods total in an 18-month period. c. The employee is responsible for payment of any benefit cost above the applicable health allotment and any voluntary supplemental benefit plans during the employee’s leave period. If the employee fails to make timely payments, their benefits will be discontinued.

3. Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

C. Disability
The City shall pay the premium for the City's Disability Insurance Program for employees 1328
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enrolled in the program.

D. Life and Accidental Death & Dismemberment Insurance
Employees shall be covered by the City’s group term life insurance and accidental death and dismembermen t (AD&D) insurance plan. The City will pay the premiums for life insurance coverage amounts of $51,000 for basic life and $54,000 for AD&D policies.

Section 6.03 Insurance Committee
The City agrees to continue the Insurance Committee that will have a representative designated by the Association as one of its members. This committee will have the responsibility to review the coverage in the appropriate insurance program and to represe nt an employee who has a question to the company. The committee will be composed of one representative from the recognized employee unit and one representative appointed by the City Manager. The Assistant City Manager will be an ex-officio member of the committee and entitled to attend all meetings.

The committee or any of its members may invite other individuals to participate as resource people whenever the need arises , and prior notification is provided to the committee chair. Where applicable, meet and confer will be reopened to discuss any proposal of the Insurance Committee on health insurance approved by the majority of the Insurance Committee.

Section 6.04 Flexible Spending Accounts
The City will offer Flexibl e Spending Accounts (FSA) to all unit employees. An FSA allows an employee to make pre -tax deductions for qualifying medical, dental and vision expenses, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service code.

Section 6.05 Retirement
A. Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013. Generally, this includes employees 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 than six (6) months. CalPE RS ultimately determines who is a classic member in compliance with the law.

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

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

B. New Member (PEPRA)

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to PEPRA. Generally, this includes employees 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. 1329
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2. New members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members, including integration with Social Security.

3. The employee contribution for new members shall be one -half the normal cost, as determined by CalPERS. The required employee contribution for new members is

6.25%. This amount will be adjusted periodically by CalPERS.

C. Optional Benefits for Classic and New Members
D. The City’s contract with CalPERS includes the following optional benefits for both classic and new members:

1. Section 20903 – Two Years Additional Service Credit

2. Section 20965 – Sick Leave Credit

3. Section 21024 – Military Service Credit

4. Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability

5. Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.06 Deferred Compensation
A. The City has established a Section 401(a) money purchase plan for employer contributions.

The City shall contribute $ 255 per month to the Section 401(a) plan. The contribution will be paid in equal bi-weekly installments during the first and second pay periods of the month.

B. Employees are eligible to participate in a 457(b) deferred compensation plan as provided for in State and Federal Tax codes. Employees may voluntarily contribute to the plan in accordance with plan provisions and subject to plan maximums.

Section 6.07 Employee Assistance Program
The City agrees to continue an employees’ assistance program (EAP) for all employees in the Association. The parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of th e program. Confidentiality will be maintained in full compliance with State and Federal Regulations.

Section 6.08 Tuition Reimbursement
To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligible employee for the cost of tuition for academic and continuing education courses that are determined to be job-related and subject to the following conditions:

A. Full-time employees that have successfully completed their initial probationary period are eligible.

B. The determination that the course is job related shall be made by the employee’s Department Head.

C. The course shall provide college-level credit or professional continuing education from an accredited educational institution.
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D. The employee is not eligible for assistance from any other source.

E. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

F. Tuition is the only expense that shall be reimbursable. No reimbur sement shall be made for lab fees, books, travel costs, etc.

G. Classes shall not interfere with the employee’s normal work hours. Any exceptions must be approved by the employee’s Department Head.

H. Certification of completion of the course with a passing gra de must be obtained and submitted within 60 calendar days after completion of the course.

I. The maximum reimbursement amount paid to an eligible employee shall not exceed $1,000 per calendar year.

Tuition reimbursement requests shall be submitted through the City’s Human Resources Information System (HRIS) to the employee’s Department Head for a determination that the course is job-related. After such determination is made, the Department Head shall approve the request and it will be routed to the Human Resources Department for processing. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Department. Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.

Section 6.09 Meal Reimbursement
An employee may request reimbursement for meals consumed after regul ar work hours when such employee is required by the Department Head to attend City Council meetings and City commission meetings that are in addition to those regularly scheduled. The limit for reimbursement shall be $12 , and only actual expenses will be reimbursed. Requests will be submitted on the City’s reimbursement form through established channels and must include receipts verifying the expense.

Section 6.10 Uniforms
A. Unit employees required to wear a uniform by the Agency/Department Head will receive uniform allowance of $400 per year the first paycheck in July for the maintenance, cleaning, and normal repair of uniforms worn by the employee in the course of their employment during the last fiscal year.

B. The City shall provide Unit employees required to wear a uniform with a reasonable number of uniforms. Uniforms damaged in the line of duty shall be replaced by the City. Each year the Agency/Department Head shall inspect employee uniforms and replace accordingly.

C. The City will report for “classic” employees the monetary value of the City-provided uniforms to CalPERS as special compensation pursuant to Section 6.10(A) and (B). The monetary value of the initial set of uniforms and any replacement uniforms shall not exceed $600 per fiscal year, per employee. The City will report the monetary value of initial and replacement uniforms “as earned” in the pay period provided.

Section 6.11 Auto Allowance
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A. If necessary and supported by an analysis of previously reimbursed mileage and/or the essential functions of the employee’s position, the City may assign a City-owned vehicle to an employee for use on City business, or the City may provide a monthly allowance for an employee regularly required to use the employee’s private vehicle on City business. The City Manager or their designee may adjust the amount of such stipend in accordance with levels of activity and operational necessity.

B. If assigned, the employee may use a City-owned vehicle for City business and commuting to and from the employee’s residence. Such assignment of a vehicle would be in lieu of an auto allowance. Due to the nature of the employee’s duties, the vehicle may be garaged at the employee’s residence. The City shall be responsible for the purchase, fueling, maintenance, repair, and regular replacement, if warranted, of the assigned vehicle during and as a result of their scope and performance of duties. The employee must be licensed to operate a Class C vehicle in California and possess automobile liability insurance as required by California law. Consistent with California law, as the vehicle operator, the employee assumes responsibility for the vehicle's safe operation . The City may be required to report all, or a portion, of the value of the provided vehicle as income consistent with applicabl e Internal Revenue Service regulations.

Article VII. GRIEVANCE PROCEDURE
Section 7.01 Definitions
A. Complaint - A concern of an employee, which arises from the application of a term of this Agreement, existing City Rule(s), Regulation(s) or Policy (Policies) regarding working conditions.

B. Grievance - A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement, existing City Rule, Regulation or Policy (Policies) regarding working conditions.

C. Grievant - An employee(s), who allege (s) in a grievance that the employee has been directly wronged by a violation of a specific term(s) of this Agreement, existing City Rule, Regulation or Policy regarding working conditions. The term “grievant” as used in this Article may refer to the Association when alleging a violation of Article XII, as provided for in the Agreement.

D. Representative - An employee or represent ative of the Association who at the grievant's request may be present at Levels I through IV. Representation of the employee at Level V may be by an Association representative or other representative designated by the employee.

E. Respond and File - Personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it will be by certified, return receipt requested mail, and the certified receipt date will establish the date of response or filing. If personal delivery is used, the calendar date of delivery will establish the date of response or filing.

Section 7.02 Level I - Informal Review
A. An employee will have the right to present a complaint and to have the complaint considered with the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint. 1332
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B. The employee, whenever possible, will attempt to resolve the complaint informally with the immediate supervisor.

C. The immediate supervisor will provide an answer to the employee no later than 14 working days after the Level I meeting. Such response will be provided orally.

D. A resolution of the complaint at the informal level will not be precedent setting.

Section 7.03 Level II - Formal
A. If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance at the next level of supervision that may include the Department Head, Agency Head or City Manager. If the next level of supervision is the Agency Head, the grievance will automatically proceed at Level III, no later than 10 working days after the response of the immediate supervisor at Level I. If the next level of supervision is the City Manager, the grievance will be automatically processed at Level IV no later than 10 working days after the response of the immediate supervisor at Level I. The grievant will state the following clearly and concisely on a grievance form provided by the City:

1. The specific term(s) of the Agreement, City Rule, Regulation or policy regarding working conditions which have been violated;

2. the action grieved, including names, dates, places , and times and how it violated a specific term(s) of this Agreement, City Rule, Regulation or policy regarding work ing conditions;

3. the remedy sought;

4. the name and classification of the grievant and their signature;

5. the name of the representative, if any; and

6. the date of submission.

B. The Department Head will hold a meeting with the grievant at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head will respond in writing to the grievant within 10 working days after the Level II meeting.

Section 7.04 Level III
A. In the event the grievance is not settled at Le vel II, the grievant may file the Level III grievance with the Agency Head no later than 10 working days after the Level II response.

If the next level of supervision is the City Manager, the grievance will be automatically processed at Level IV. The gri evant will include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfactory . The Agency Head may hold a meeting with the grievant at a mutually acceptable time and location. The Agency Head will respond to the grievant no later than 10 working days after the receipt of the Level III grievance.

B. The grievant will present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

C. Amendments and/or modifications to the grievance will not be made by the grievant after the Level III filing date, except by mutual agreement. This provision does not preclude either party from presenting new evidenc e should either party discover it at a later date. 1333
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Each party will make an effort to share evidence with each other upon discovery.

Section 7.05 Level IV
A. In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

B. The City Manager may hold a meeting with the grievant at a mutually acceptable time and location. The City Manager will respond to the grievant no later than 10 working days after receipt of the grievance at Level IV.

C. If the grievance has not been settled at Level IV, then within 10 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, the grievant may request arbitration. Upon the request of the grievant, the Association may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Executive Director Human Resources / Risk Management .

Section 7.06 Level V - Arbitration
A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.

B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body.

C. The cost of any arbitration proceeding will be divided equally between the two parties.

D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration . "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.

E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to t he approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval.

F. Expenses for witnesses will be borne by the party who calls them.

G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this Agreement, City Rule, Regulation or policy regarding working conditions.

H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 7.07 General Provisions
A. Failure of the grievant to comply with the time limitations of this Article will render the grievance null and void. F ailure by the City representative to timely respond under this Article will permit the grievance to be filed at the next level.

B. Time limits set forth in this Article may be extended by mutual agreement. 1334
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C. The processing of grievances filed and unresolved pri or to the effective date of this Agreement may continue under the grievance procedure in effect at the time of initial filing.

D. No punitive action will be assessed against an employee for utilizing the grievance procedure.

E. The preparation of grievances will be on the employee’s personal time and not during working hours.

F. The parties may consolidate at any level grievances on similar issues.

G. Grievance records will be filed separately from an employee's personnel file and will be considered confidential.

H. A grievant may withdraw a grievance at any time. The grievant will not file any subsequent grievance on the same alleged incident.

I. A decision by the Associa tion to submit a grievance to arbitration will automatically be a waiver of all other remedies except as provided otherwise by statute.

J. No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

K. In the event a grievant elects to represent themselves or is represented by someone other than prov ided by the Association, the Association will be notified of the nature and resolution of the grievance; provided however, that the names of employees and confidential information will not be disclosed. Notification of the employee’s Association will be made within a reasonable time following the resolution of the grievance.

L. Organizational channels will be utilized at all times and participation in the grievance and the discussion of information related thereto will be limited to the parties to the grievan ce except when such other persons are identified and/or called as witnesses.

M. In the event of a disciplinary action of an employee involving a suspension, reduction in pay or demotion or termination where a pre-disciplinary hearing has already been held, Levels I through III of the grievance procedure will be eliminated and Levels IV and above will be utilized.

N. A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employ ees involved who represents the Association filing the grievance.

Section 7.08 Authority of Third Party
Each issue decided by a third-party neutral will stand on its own merits and will not be used as a precedent by any other third party neutral in deciding any issue before them.

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Article VIII. Disciplinary Action
Section 8.01 Definition
A. An employee may be disciplined for violation of policies, misconduct, or any other just cause. Discipline is defined as demotion, discharge, reduction-in-pay, and suspension of employees with regular status. Letters of reprimand, counseling memos, performance improvement plans, performance evaluations, and other related actions are not considered discipline for purposes of this article. This procedure applies to full -time employees with regular status.

B. Probationary employees are excluded from the provisions of this article. These employees may be disciplined , but the requirements for notification and appeals do not apply.

Procedures related to probationary employees are governed by Section 2.03.

C. All discipline will be administered consistent with FLSA requirements for exempt employees.

Section 8.02 Notification and Appeal Procedure
A. The employee shall be given written notice of the City’s intent to discipline. Such notice will contain the following information upon which the proposed action is based:

1. The reasons and the charges;

2. a statement of the events or circumstances;

3. written documentation or other related evidence; and

4. response rights.

B. The employee will be given the right, either orally or in writing, to respond to the Department Head. The employee will have 14 calendar days from the date the notice of disciplinary action is issued to complete the response.

C. The Department Head shall consider the information provided by the employee and make a final determination regarding discipline. The employee shall receive written notification of the final determination. The final disciplinary action will be implemented at that time.

D. The employee may appeal the discipline within 14 calendar days. The appeal must be filed with the Human Resources Department on or before the 14 th day. The employee shall include the reason for the appeal and state whether they request the appeal with the City Manager or an Agency Head designated by the City Manager (“hearing officer”) or with an outside arbitrator (“arbitrator”).

E. The employee has the ability to choose whether the appeal will be heard with an internal hearing officer or an outside arbitrator. If the employee chooses the internal hearing officer, however, the City Manager may refer the disciplinary appeal to an outside arbitrator.

Section 8.03 Arbitration Procedures
A. The appeal, whether heard by a hearing officer or an arbitrator shall be a full evidentiary hearing. The hearing officer chosen will have no or minimal prior knowledge of the case so that the hearing officer or arbitrator can act as a neutral and independent reviewer of the 1336
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disciplinary action.

B. Appeals heard by a hearing officer shall be at no cost to the employee. The cost for appeals heard by an outside arbitrator, including the arbitrator, court reporter, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, other than City employees, however, shall be borne by the party who calls them.

If the employee chooses the hearing officer option and the City exercises its right to use an outside arbitrator instead, the City will pay all arbitration costs.

C. Unless the specific language of the Agreement is in conflict, the appeal hearing shall be conducted in accordance with the City’s Disciplinary Hearing Procedures.

D. The arbitrator shall be selected by mutual agreement of both parties. The hearing officer shall be the City Manager, or an Agency Head the City Manager designates.

E. Failure of the part of the City representative or employee to appear at the appeal hearing, without good cause, shall result in forfeiture of the case and, in the case of a hearing with an outside arbitrator, responsibility for payment of all costs of the arbitration.

F. A final decision of the hearing officer or arbitrator shall be made within 30 calendar days after the close of the hearing.

G. The hearing officer or arbitrator’s decision shall be implemented unless either party requests the review of the City Council. Such a request to review must be made in writing to the Executive Director Human Resources / Risk Management within 30 calendar days after receipt of the decision. The City Council can adopt, modify, or reject the decision.

Section 8.04 Written Rebuttals
A. Letters of reprimand, counseling memos, performance evaluations, performance improvement plans, and other similar written actions are not subject to the notification and appeal procedures in this article. Similarly, probationary discharge, probationary demotions, or other actions taken while an employee is on probation are not subject to the notification and appeal procedures in this article. However, an employee may prepare a written response to be placed in the personnel file along with the document. Such written rebuttal must be made within 30 days of receipt of the document.

Article IX. ASSOCIATION MEMBERSHIP AND ACTIVITY
Section 9.01 Release Time
A designated member of the Association may receive reasonable release time to represent another unit member in matters relative to working conditions. Such leave time shall be accommodated only after operational needs of the releasing department are met.

Section 9.02 Records
The City shall provide via email the President of the Association a monthly list of all employees in the association, including the employee's classification title, seniority date within classification, work location, hire date, home address, personal email address (if available) and personal cell phone (if available).

Section 9.03 New Employee Orientation
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Provided there are new employees, the City typically conducts new employee orientation weekly.

Once per quarter of the calendar year, the City shall release new unit members to attend an orientation session with the Association. During this orientation session, the Associat ion will be allowed up to one (1) hour to meet with new members and to explain the rights and benefits under this Agreement. The Association and the City will mutually agree as to the date, time, and location of the orientation session at least 10 days prior to the session.

Article X. GENERAL PROVISIONS
Section 10.01 Personnel Files
A. The official personnel files will 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. Personnel actions (e.g. discipline, promotions) will be based on documentation within such files.

B. Employees 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 cost of duplication of any materials in the personnel file for which they request copies.

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 access 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 will be provided with an initial copy of any document that will be placed in the official personnel file. An employee wi ll have the right to respond in writing or personal interview to any information contained in the employee’s personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.

Section 10.02 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 as 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 the 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 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. 1338
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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 10.03 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/event 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 shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; 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 / Risk Management Agency.

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

Section 10.04 Separability
If any article or section of this Agreement is 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 will be deemed null and void and of no further effect. However, such articles and sections will be severable from the remainder of this Agreement, and all other provisions hereof shall continue in full force and effect.

Section 10.05 Duration and Implementation
A. This Agreement will, upon ratification by both parties , become effective July 1, 2025 and remain in full force and effect up to and including June 30, 2026.

B. Each party will exercise its right to present bargaining proposals for a successor Agreement no earlier than 120 days prior to the expiration of the Agreement and no later than 90 days prior to the expiration of this Agreement.

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Ontario City CouncilJuly 15, 2025

Ontario City Council
July 15, 2025