Agenda packet — Ontario City Council, July 21, 2026 (part 7 of 13)

BB&K 2020
Agreement are hereby amended in their entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be from June 4, 2024 to May 31, 2029, 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.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Twenty-Eight Thousand Six Hundred Forty-Two Dollars ($1,028,642) 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.

Exhibit “A” - SCOPE OF SERVICES is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

Exhibit “B” – SCHEDULE OF SERVICES is hereby deleted in its entirety and replaced with Attachment B attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2.0. From and after the date of this Amendment No. 2.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.0.

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. 2.0.

3.4 Severability. If any portion of this Amendment No. 2.0 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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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 2.0 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND Z&K CONSULTANTS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2.0 as of the day and year first above written.

CITY OF ONTARIO Z&K CONSULTANTS, 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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BB&K 2020
Attachment A
Exhibit “A” - SCOPE OF SERVICES
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BB&K 2020
Attachment B
Exhibit “B” – Schedule of Services
The services shall be completed within the durations specified below, which beginning ten (10) calendar days after Notice to Proceed is issued:

Amendment
Number
Project Title Not to Exceed Fee

0.0 On-Call Construction Management and Inspection Services $600,000

0.1 UT1066 Downtown Water Main Improvements

1.0 SM2301 Fourth Street Storm Drain, Water and Street
Improvements Project
$158,126

2.0 UT1097 Western Trunk Sewer Interim Diversion Project $270,516 Grand Total $1,028,642
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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. 3.0

TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TWINING, INC.

1. Parties and Date.

This Amendment No. 3.0 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Twining, Inc., a California Corporation, “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “OnCall Material Testing and Geotechnical Engineering Services” dated May 2, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend this Agreement to increase the compensation by Forty-Seven Thousand Seven Hundred Ninety-Six Dollars ($47,796) for a total-not-to-exceed compensation of Three Hundred Eighty-Six Thousand Six Hundred Thirty-Two Dollars ($386,632), include additional project specific proposal to the Exhibit B, and extend the time of performance to April 30, 2028. This increase in compensation is for the additional scope of work listed in the attached Consultants’ Proposal titled “Material Testing and Geotechnical Engineering Services for Western Trunk Sewer Interim Diversion Project (OMUC Contract No. UT1097)” and dated May 21, 2026.

The Parties have heretofore entered into that Amendment No. 2 dated March 3, 2026, and Amendment No. 1 dated January 16, 2024.

2.3 Amendment Authority. This Amendment No. 3.0 is authorized pursuant to Sections

3.1.2, 3.2.1, and 3.3.2 of the Agreement.

3. Terms.
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BB&K 2020

3.1 Amendment. Sections 3.1.2 Term, 3.2.1 Compensation, and 3.3.2 Schedule of Services, Exhibit B of the Agreement are hereby amended in their entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be from May 2, 2023, to April 30, 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.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit “B” – SCHEDULE OF SERVICES is hereby amended to add Attachment B which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3.0, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3.0. From and after the date of this Amendment No. 3.0, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.0.

3.4 Severability. If any portion of this Amendment No. 3.0 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 3.0 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TWINING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3.0 as of the day and year first above written.

CITY OF ONTARIO TWINING, 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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BB&K 2020
Attachment B
Exhibit “B” – Schedule of Services
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Department: Police Department
Prepared By: Nicole Alvarez
Staff Member Presenting: Rudy Lopez, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT: ACCEPTANCE OF GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2026-27 IN THE AMOUNT OF $389,811.

CITY OF ONTARIO
Agenda Report
July 21, 2026
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 $389,811.

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 were announced in June 2026 and funds will be used for eligible costs incurred from July 1, 2026– June 30, 2027. 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 $389,811 and the City is not required to provide matching funds for the grants.

The approved amount will be included as revenue (and associated expenditure adjustments) in a subsequent 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.

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).
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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 30, 2026
File No.: 060.17344.17369
Gricelda Perez
Ontario Police Department
2500 South Archibald Avenue
Ontario, CA 91761
Dear Ms. Perez:

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 $389,810.50. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.

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,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
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Department: Human Resources
Prepared By: Amanda Elias
Department:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT: AWARD OF PROFESSIONAL SERVICE AGREEMENTS TO ATKINSON, ANDELSON,

LOYA, RUUD & ROMO, BURKE, WILLIAMS & SORENSEN, LLP, AND LIEBERT

CASSIDY WHITMORE FOR LEGAL SERVICES, CONSULTING, AND TRAINING

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City authorize the City Manager, or his designee, to execute a threeyear Professional Services Agreement with three law firms specializing in human resources legal services, consulting, and training. The combined total for the three Agreements shall not exceed $1,800,000 over the initial three-year term. The City may extend each Agreement for up to two additional one-year terms, with a combined annual not-to-exceed amount of $600,000 for all three firms. The total not-to-exceed contract authority, including all optional extensions, shall be $3,000,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Maintain the Current High Level of Public Safety
FISCAL IMPACT: The Fiscal Year 2026-27 Adopted Budget includes appropriations for legal services.

If approved, appropriations will be included in future years’ budgets for City Council consideration through the budget adoption process. The proposed Agreements establish a combined annual notto-exceed amount of $600,000 for human resources legal services, to be allocated among the three legal firms as needed. The combined total for the initial three-year term shall not exceed $1,800,000. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $3,000,000.

BACKGROUND & ANALYSIS: The City routinely requires specialized legal services in labor relations, employment law, workplace investigations, personnel matters, training, and litigation support. Due to the complexity, volume, and time-sensitive nature of these matters, the Human Resources / Risk Management staff has identified the need to establish multiple Professional Services Agreements to ensure timely access to specialized legal expertise.

On April 13, 2026, the City issued a Request for Proposal (RFP) No. 1990 for human resources legal 1714
services, seeking qualified law firms with expertise in public-sector labor and employment law, training, and related consulting services. Proposals were received from the following firms:

Law Firm Location
Atkinson, Andelson, Loya, Ruud & Romo Cerritos, CA
Liebert Cassidy Whitmore Los Angeles, CA
Burke, Williams & Sorenson, LLP Los Angeles, CA
Aleshire & Wynder, LLP Irvine, CA
The evaluation criteria included firm qualifications, public sector expertise, proposed staffing, service approach, responsiveness, training capabilities, references, and overall value to the City.

Based on the evaluation process, City Staff determined that Atkinson, Andelson, Loya, Ruud & Romo; Liebert Cassidy Whitmore; and Burke, Williams & Sorensen, LLP were the most qualified firms.

Liebert Cassidy Whitmore has provided legal services to the City since 2009, covering labor relations, employee relations support, litigation defense, and ongoing educational resources.

Atkinson, Andelson, Loya, Ruud & Romo has been partnering with the City since 2017, supporting public safety operations and handling complex workplace matters. Their primary focus has been related to employment matters for sworn personnel in the Police Department. During their relationship with the City, both firms demonstrated the expertise, responsiveness, and service capabilities necessary to support Human Resources / Risk Management's evolving legal needs.

Burke, Williams & Sorensen, LLP has demonstrated strong expertise in public agency labor and employment law, workplace investigations, litigation support, negotiations, management training, and personnel matters. With their extensive experience in representing California public agencies, they provide the City with an additional legal resource that complements the capabilities of the City’s existing legal service providers.

City Staff recommends entering into Professional Services Agreements with all three firms to efficiently manage workload demands and ensure access to diverse legal expertise. This approach ensures adequate resources to maintain a high level of quality and responsiveness to urgent matters and to support the continuity of legal services, thereby meeting the City’s needs in complex personnel, labor relations, workplace investigations, and public safety-related legal matters.

The proposed Agreements establish a combined annual not-to-exceed amount of $600,000 for human resources legal services, inclusive of related training and consultation, to be allocated among the three firms as needed.
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BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
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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

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Atkinson, Andelson, Loya, Ruud & Romo, with its principal place of business at 12800 Center Court Drive, Suite 300, Cerritos, CA 90703 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing consulting, representation, and legal services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such professional services for the consulting, training, and legal services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting and training services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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3.1.2 Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2029, 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-year terms.

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.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed six hundred thousand dollars ($600,000) for the three-year term without written approval of the City Council or City Manager, as applicable. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $1,000,000 for the five-year term. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled. 1717
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3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: John Bakhit, Partner.

3.3.5 City's Representative. The City hereby designates Angela C. Lopez, Executive Director, Human Resources / Risk Management, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement.

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates John Bakhit, Partner, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the 1718
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performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing 1719
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in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 1720
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3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(E) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 1722
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 1723
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 1724
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all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 1725
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section

3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Atkinson, Andelson, Loya, Ruud & Romo
3880 Lemon Street, Suite 350
Riverside, CA 92501
ATTN: John Bakhit, Partner ([email protected])
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City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Human Resources / Risk Management Agency
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents 1727
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and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ 1728
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fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
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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EXHIBIT "A"

SCOPE OF SERVICES
The Consultant will manage current and future employee and labor relations matters in accordance with the terms of the Agreement, ensuring a comprehensive and practical approach to fulfilling the City's operational needs.

The Consultant will provide, as needed, comprehensive legal services to the City, encompassing the following areas:

Employment and Labor Law Matters
• Provide expert advice on compliance with federal, state, and local employment laws and regulations.
• Offer guidance on employee rights and obligations within the workplace. • Collective Bargaining
• Assist in the negotiation of collective bargaining agreements with labor unions. • Develop strategies to negotiate and implement agreements effectively. • Disciplinary Actions
• Counsel on disciplinary procedures, ensuring adherence to legal standards and best practices. • Represent the City in disciplinary hearings and related proceedings. • Administrative Investigations
• Conduct effective, impartial, and thorough administrative investigations on employee complaints, grievances, and misconduct allegations.
• Provide informed recommendations based on the findings of such investigations. • Public Retirement
• Provide guidance on legal matters concerning public employee retirement systems. • Address inquiries and concerns related to retirement benefits and obligations.

Claims and Grievances
• Facilitate the management and resolution of employee claims and grievances. • Assist with the development of policies and procedures aimed at addressing and mitigating disputes effectively.
• Mediations and Arbitrations
• Represent the City during mediation and arbitration processes. • Assist in achieving resolution between the City and its employees or labor unions.

Legal Consultation and Training Services
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• Provide as-needed legal consultation to address emerging labor relations matters. • Conduct training sessions for City Staff on relevant employment law, employee performance, and compliance.

Conflict of Interest Management
• Ensure that all services are provided in a manner that avoids conflicts of interest. • Maintain transparent communication concerning any potential conflicts that may arise. ------------------------------------------------------------------------------------------------------------------ Areas of Law:

Public Sector Labor Law: Collective bargaining negotiations; arbitration of labor disputes, laws, and regulations governing personnel matters, such as pension reform, family leave, alcohol and drug testing, the Fair Labor Standards Act, OSHA, and the Americans with Disabilities Act; federal transit labor laws and regulations; Department of Industrial Relations procedures; and labor bargaining under the MeyersMilias Brown Act.

Employment Law/Civil Rights Litigation: Internal employment investigations; grievances and complaints before the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH); Disadvantaged Business/Woman Owned Business Enterprise Programs; Americans with Disabilities Act (ADA), Title VII, Title VI and the interplay between the above and worker’s compensation, FMLA, FLSA, and similar laws; litigation of these matters, especially Title VII and 42 USC § 1983 claims.

Pension and Benefits Law: Retirement plans; PERS; deferred compensation; health plans and benefits; other post-employment benefits; and federal and state tax laws.

Regulatory Law: Federal and State statutory and regulatory framework, including but not limited to Occupational Health and Safety Administration (OSHA) compliance, California and Federal Labor Codes, and Department of Industrial Relations rules and regulations (including jurisdictional issues).

Public Agency Law: General agency issues, such as Constitutional law, gifts of public funds, Brown Act, California Public Records Act, conflicts of interest, FPPC, and statutory authority. 1733
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EXHIBIT "B"

SCHEDULE OF SERVICES
The City will engage the Consultant to render professional services for the City on an as-needed basis as set forth in this Agreement. Upon completion of services, the consultant shall bill the City monthly. The City shall remit payment within thirty (30) days of receipt of an invoice.

Submit invoices to: [email protected]
(attached) Fee/Rate Schedule
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Page 23 ends

8. FEE SCHEDULE
Please provide the firm’s hourly rates for the scope of Services. The fee proposal should include hourly rates for all personnel involved in “Additional Work,” as defined in the sample Agreement for term 2026-2029.

Hourly Rates
Among our public sector clients, AALRR is known for our competitive rates, fair billing practices, and the value received for the cost of legal services provided. Our clients receive exceptional value for the cost of legal services provided. The Firm bills in onetenth of an hour (6-minute) increments. Actual rates billed depend upon years of experience and areas of expertise.

Please note that these rates will increase by $10 per hour annually on January 1.

Resource Hourly Rates
Partners, Of Counsel $385 – $550
Associates $275 – $350
Paralegals $205
Individual Hourly Rates
Please see below for a breakdown of individual hourly rates for the proposed team.

Attorney Hourly Rate
Partner Irma Rodriguez Moisa $435
Partner John Bakhit $415
Partner Kevin Dale $405
Of Counsel Susan Jerich $375
Senior Associate Abraham Escareno $350
Associate Brittaney de la Torre $325
Other Expenses
Additionally, a five percent (5%) administrative fee will be applied to each bill in lieu of charging for telephone costs, incoming and outgoing faxes, photocopies, postage, automobile mileage, parking, document preparation/word processing, and computerbased research (e.g., Westlaw). The Firm bills actual cost for messenger/courier fees, witness/court/jury fees and bonds, deposition and court reporter/transcript fees, and any other external consultant fees. We also bill for travel expenses. However, we do not anticipate significant travel costs for the City.
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EXHIBIT "C"

COMPENSATION
The total compensation shall not exceed six hundred thousand dollars ($600,000) from July 1, 2026, to June 30, 2029. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $1,000,000 for the five-year term. 1736
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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

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Burke, Williams & SorensEn, LLP, with its principal place of business at 444 South Flower Street, 40th Floor, Los Angeles, CA 90071 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such professional services for the consulting, training, and legal services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting and training services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed six hundred thousand dollars ($600,000) for the three-year term without written approval of the City Council or City Manager, as applicable. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $1,000,000 for the five-year term. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled. 1738
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3.3 Responsibilities of Consultant.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Monica Sanchez McQueen, Partner. or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the 1739
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performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.9 Period of Performance.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing 1740
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in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 1741
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3.3.11 Insurance.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(E) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 1743
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3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 1744
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.4 Labor Code Requirements.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 1745
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all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.5 Termination of Agreement.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 1746
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.7 General Provisions.

3.7.2 Independent Contractors and Subcontracting.

Consultant: Burke, Williams & Sorensen, LLP
444 south Flower Street, 40th Floor
Los Angeles, CA 90071
ATTN: Monica Sanchez McQueen, Partner.

City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Human Resources / Risk Management Agency
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and 1748
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warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or 1749
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convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 1750
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3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

BURKE, WILLIAMS & SORENSEN, LLP
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO BURKE, WILLIAMS & SORENSEN, LLP
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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EXHIBIT "A"

The Consultant will provide, as needed, comprehensive legal services to the City, encompassing the following areas:

Consulting on Compensation and Classification
• Provide expert consultation regarding compensation structures and employee classification matters.
• Ensure compliance with applicable laws and best practices related to wage and hour regulations. 1753
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Legal Consultation and Training Services
• Provide as-needed legal consultation to address emerging labor relations matters. • Conduct training sessions for City Staff on relevant employment law, employee performance, and compliance.

Pension and Benefits Law: Retirement plans; PERS; deferred compensation; health plans and benefits; other post-employment benefits; and federal and state tax laws.

Public Agency Law: General agency issues, such as Constitutional law, gifts of public funds, Brown Act, California Public Records Act, conflicts of interest, FPPC, and statutory authority. 1754
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EXHIBIT "B"

Submit invoices to: [email protected]
(attached) Fee/Rate Schedule
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Proposal to Provide Employee/Labor Relations Page 24
and Consulting Services to the City of Ontario

8. FEE SCHEDULE
Hourly Rates
Staffing Hourly Rate
Partners $375 - $450
Associate Attorneys $295 - $350
Paralegals $160
Billing Format and Procedure
Bills are sent out each month invoicing charges for the prior month. Fees for our services are charged in increments of 1/10th of an hour. The bills provide a specific description of the work performed by all attorneys, the time actually spent on the work item, and the billing rate of the attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred during the prior month.

Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs incurred in performing the services. We do not charge a service fee or overhead for cost reimbursement items. We also do not charge for computer or word processing time. Reimbursement amounts may be adjusted annually.

Expense Rate
In-house reproduction charges
black and white 20¢ per page
color $1 per page
Mileage 72.5¢ per mile (or current IRS rate)
Facsimile $1 per page
All other costs reasonably and
necessarily incurred in performing
services for the City at cost
Adjustments
The rates for legal services quoted in this proposal will remain in effect for the first year of the contract. Thereafter, unless otherwise negotiated, rates may be adjusted based on a standard annual adjustment upon consultation with the City, equal to the greater of the average Consumer Price Index for the previous four quarters or any across the board salary increase granted to represented management personnel within the City.
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EXHIBIT "C"

COMPENSATION
The total compensation shall not exceed two hundred thousand dollars ($200,000) from July 1, 2026, to June 30, 2029. If the City exercises the two optional one-year extensions, the total not-toexceed contract authority shall be $1,000,000 for the five-year term. 1757
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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

CITY OF ONTARIO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Liebert Cassidy Whitmore, a Corporation, with its principal place of business at 6033 W. Century Boulevard, Suite 500, Los Angeles, CA 90045 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such professional services for the consulting, representational, and legal services pertaining to labor and employee relations matters and to include premium Liebert Library subscription and annual membership to the West Inland Empire Relations Consortium for the City of Ontario project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting and training services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable 1758
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local, state and federal laws, rules and regulations.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed six hundred thousand dollars ($600,000) for the three-year term without written approval of the City Council or City Manager, as applicable. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $1,000,000 for the five-year term. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the 1759
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error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Marc Zavala, Accounting & Contacts Specialist, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 1760
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3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.9 Period of Performance.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible 1761
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for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 1762
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3.3.11 Insurance.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(E) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 1764
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3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 1765
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.4 Labor Code Requirements.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 1766
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all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.5 Termination of Agreement.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 1767
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.7 General Provisions.

3.7.2 Independent Contractors and Subcontracting.

Consultant: Liebert Cassidy Whitmore
6033 West Century Bld., Suite 500
Los Angeles, CA 90045
ATTN: Marc Zavala, Accounting & Contacts Specialist
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City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Human Resources / Risk Management Agency
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be 1769
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responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements 1770
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pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

LIEBERT CASSIDY WHITMORE
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO LIEBERT CASSIDY WHITMORE
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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EXHIBIT "A"

The Consultant will provide, as needed, comprehensive legal services to the City, encompassing the following areas:

Legal Consultation and Training Services
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• Provide as-needed legal consultation to address emerging labor relations matters. • Conduct training sessions for City Staff on relevant employment law, employee performance, and compliance.

Pension and Benefits Law: Retirement plans; PERS; deferred compensation; health plans and benefits; other post-employment benefits; and federal and state tax laws.

Public Agency Law: General agency issues, such as Constitutional law, gifts of public funds, Brown Act, California Public Records Act, conflicts of interest, FPPC, and statutory authority 1775
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EXHIBIT "B"

Submit invoices to: [email protected]
(attached) Fee/Rate Schedule
1776
Liebert Cassidy Whitmore
Billing Rates- Effective July 1, 2026
Billing Rate Billing Rate
Partners Associates
Linda Adler 470 William Abramovitz 355
Elizabeth Arce 470 Mieko Failey 355
Shelline Bennett 470 Selena Farnesi 355
Steve Berliner 470 Sam Lipsitz 355
Michael Blacher 470 Stephanie Ponek 355
Richard Bolanos 470
Amy Conway 470 Cindy Allen 345
Peter Brown 470 Tony Carvalho 345
Grace Chan 470 Tevon Edwards 345
Melanie Chaney 470 Lucy Goodnough 345
Lisa Charbonneau 470 Corrigan Lewis 345
Heather DeBlanc 470
Chris Fallon 470 Barbara Boktor 330
Jeffrey Freedman 470 Jordan Carman 330
Adrianna Guzman 470 Hannah Dodge 330
Jack Hughes 470 Victor Gonzalez 330
Judith Islas 470 Savana Jefferson 330
Nathan Jackson 470 John LaCrosse 330
Morin Jacob 470 Jessica Neighbors 330
Che Johnson 470 Kelsey Ridenhour 330
Laura Kalty 470 Ashley Riser 330
Paul Knothe 470 Jessica Tam 330
Jesse Maddox 470 Madison Tanner 330
Mark Meyerhoff 470 Brittany Trainer 330
Pilar Morin 470
Eileen O'Hare-Anderson 470 Duncan Dohmen 325
James Oldendorph 470 Gabi Kamran 325
Cynthia O'Neill 470 Nicole Powell 325
Jennifer Rosner 470
Max Sank 470 Allison Berquist 315
Geoff Sheldon 470 Alexandra Clark 315
Suzanne Solomon 470 Madeline Cline 315
Alysha Stein-Manes 470 Olivia Davis 315
Scott Tiedemann 470
Alex Volberding 470 Dominque Armstrong 310
Brian Walter 470 Meg Berkowitz 310
Casey Williams 470 John Chiappe 310
Oliver Yee 470 Moriah Denton 310
Joung Yim 470 Jack Jackson 310
Danny Yoo 470 Morgan Johnson 310
Michael Youril 470
Bryce Blakewell 300
Sadie Baird 300
Senior Counsel Chase Booth 300
Jolena Abrena 395 Hannah Casey 300
Megan Atkinson 395 Abigail Choi 300
Jeb Brown 420 Natalie Dybeck 300
Andrew Dorado 445 Jacqueline Hubbell 300
Monica Espejo 395 Riley Jacobs 300
Robert Faigin 395 Jessica Le 300
Scott Fera 395 Jessica Lee 300
Alsion Kalinski 395 Juliana Pech 300
Meredith Karasch 395 Cindy Rivas 300
Alex Larrabee 395 Josh Sarsfield 300
Stephanie Lowe 420
Phillip Murray 395 Labor Relations/HR Consultants
YT Nguyen 395 Matt Doyle 330
Jennifer Palagi 395 Michael Jarvis 330
Patrick Skahan 395
Jeff Stockley 395 Compensation/Classification Consultants Julie Strom 395 Kim Catacutan 250
Kelly Tuffo 395 Ian Morgan 250
David Urban 395
Paralegals
Associates Kimberly Calitto 185
Christopher Frederick 380 Juliet Hosken 185
Nick Grether 380 Misty Jones 185
Viddell Lee Heard 380 Robert Koehler 185
Hadara Stanton 380 Justin Lauer 185
Laney Schatz 185
Caroline Cohen 370 Nathan Whittingham 185
Peter Cress 370 Zachary Winston 185
Charles Hellstrom 370
Victoria Phillips 370 E-Discovery Specialists
Anni Safarloo 370 Hali Kissinger 200
Emanuela Tala 370
Yesenia Carrillo 365
Jennfier Denny 365
Ethan Wickland 365
Olga Bryan 360
Lars Reed 360 1777
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EXHIBIT "C"

COMPENSATION
The total compensation shall not exceed six hundred thousand dollars ($600,000) from July 1, 2026, to June 30, 2029. If the City exercises the two optional one-year extensions, the total not-to-exceed contract authority shall be $1,000,000 for the five-year term. 1778
Department: Fire Department
Prepared By: Sagar Patel
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING SECTION 4-21.05 (A)

ADMINISTRATIVE FINES, OF THE ONTARIO MUNICIPAL CODE PERTAINING TO

MANAGING THE CITY'S RESPONSE TO FIREWORKS FEES AND FINES

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an ordinance amending Section 4-21.05(a) Administrative Fines of the Ontario Municipal code relating to fines for illegal use of fireworks, pyrotechnic devices, explosives, destructive devices or their components and establishing the amount of the fees and fines set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT: This recommended action amends the fee structure from Section 4-21.5(a) of the Ontario Municipal Code and provides for the revenue fee structure to be included in the City Fee Schedule that will be presented to City Council in separate actions for consideration approved by Resolution.

BACKGROUND & ANALYSIS: The Ontario City Council is committed to safeguarding the health, safety, and welfare of its residents and maintaining a high quality of life throughout the community.

As such, it is the City's priority to protect its residents from activities such as the use of illegal fireworks.

Illegal fireworks pose a significant threat to public safety and community well-being. Their use increases the risk of residential, commercial, and vegetation fires. Fireworks-related incidents can result in serious injuries, property damage, and disruptions to critical infrastructure. Additionally, the illegal use of fireworks places increased demands on fire, law enforcement, and emergency medical personnel, requiring the diversion of resources from other emergency incidents and public safety priorities.

Beyond the immediate safety concerns, illegal fireworks negatively impact the quality of life for residents by generating excessive noise, disturbing families, seniors, and individuals with medical 1779
conditions, and triggering stress and anxiety for veterans and others affected by post-traumatic stress disorder (PTSD). Fireworks also contribute to environmental pollution through smoke, litter, and chemical residue, while causing distress to pets and wildlife. Collectively, these impacts create substantial financial and operational costs for the community and underscore the importance of continued enforcement, public education, and prevention efforts.

In an effort to deter the use of illegal fireworks, on Tuesday June 23, 2026, City Council directed Staff to create an escalating fee structure of $1,000 for a first citation, $2,000 for a second citation, and $3,000 for a third citation and to be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council. 1780
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AMENDING THE ADMINISTRATIVE FINES AS
ESTABLISHED IN CHAPTER 21, TITLE 4, SUBSECTION (A) OF THE

ONTARIO MUNICIPAL CODE THAT PROHIBIT THE POSSESSION, USE,

STORAGE OR MANUFACTURE OF FIREWORKS, PYROTECHNIC

DEVICES, EXPLOSIVES, DESTRUCTIVE DEVICES OR THEIR

COMPONENTS AND ESTABLISHING ADMINISTRATIVE FINES FOR
VIOLATIONS THEREOF.

WHEREAS, hundreds of fires cause property destruction in California each year by the private use of all types of fireworks; and
WHEREAS, the City of Ontario faces an increasing incidence of the use of all types of fireworks, both on public and private property; and
WHEREAS, the City of Ontario and the County of San Bernardino have experienced serious injuries and property destruction by all types of fireworks; and WHEREAS, thousands of pounds of illegal or dangerous fireworks flow into the City of Ontario and San Bernardino County from neighboring jurisdictions; and WHEREAS, it costs the taxpayers in the City of Ontario thousands of dollars for response, investigation, and disposal of illegal or dangerous fireworks and explosives; and
WHEREAS, illegal and dangerous fireworks, especially "safe and sane" class fireworks, are being used to construct dangerous improvised explosive devices (IED's); and
WHEREAS, the possession, use, transport and discharge of illegal or dangerous fireworks and explosives creates a burden and threat upon the lives and property of the citizens of Ontario, as well as those visiting and traveling through the City of Ontario; and WHEREAS, the use of illegal fireworks continue to be a significant public safety concern due to the risks of injury, property damage, and risk of fire; and WHEREAS, Government Code section 53069.4 authorizes the City of Ontario to make any violation of any ordinance enacted by the City subject to an administrative fine or penalty.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. REGARDING 4-21.05 Administrative Fines Subsection (a) shall be amended to read as follow:
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“The amount of the fees and fines set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council.”
SECTION 2. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
1782

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3338 was duly introduced at a regular meeting of the City Council of the City of Ontario held July 7, 2026 and adopted at the regular meeting held July 21, 2026 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3338 duly passed and adopted by the Ontario City Council at their regular meeting held January 21, 2026 and that Summaries of the Ordinance were published on July 14, 2026 and July 28, 2026, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
1783
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: 22
SUBJECT:

APPROVAL OF ONE-YEAR MEMORANDUMS OF UNDERSTANDING BETWEEN THE

CITY OF ONTARIO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 3061; ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES; AND AMENDMENTS TO THE COMPENSATION AND BENEFITS

PROFILES FOR CONFIDENTIAL / SPECIALIZED CONFIDENTIAL / CONFIDENTIAL

MANAGEMENT EMPLOYEES, DEPARTMENT HEAD EMPLOYEES, AND EXECUTIVE MANAGEMENT EMPLOYEES; AND AUTHORIZATION FOR THE CITY MANAGER TO

MAKE NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY FOR IMPLEMENTATION.

CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager to complete the following:

A. Approve a one-year Memorandum of Understanding (MOU) regarding wages, hours, and other terms and conditions of employment with American Federation of State, County, and Municipal Employees Local 3061 (AFSCME) for the term of July 1, 2026, through June 30, 2027; B. Approve a one-year MOU regarding wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees (AOME) for the term of July 1, 2026, through June 30, 2027;
C. Approve amendments to the Compensation and Benefits Profiles for Confidential / Specialized Confidential / Confidential Employees; Department Head Employees; and Executive Management Employees effective July 1, 2026;
D. Modify Paid Parental Leave to Paid Family Care Leave and expand its use to include reproductive loss and bereavement; and
E. Authorize the City Manager to make non-substantive revisions that may be necessary to implement the MOUs and Compensation and Benefits Profiles.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
1784
FISCAL IMPACT: The estimated additional annual cost of the proposed compensation changes across all funds during Fiscal Year 2026-27 is $2,673,678. The estimated General Fund portion is $1,021,743. If approved, additional appropriations of approximately $416,000 will be included at a future quarterly budget update in various non-General funds to City Council for items not included in the FY 2026-27 Adopted Budget.

BACKGROUND & ANALYSIS:

Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith with AFSCME and AOME regarding wages, benefits, and working conditions to develop successor one-year MOUs for the period of July 1, 2026, through June 30, 2027, replacing the agreements that expired on June 30, 2026. The meet-and-confer process included total compensation surveys for benchmark classifications using each bargaining group's market survey as one component of the City's ongoing efforts to remain competitive in the labor market and support its goal of being an Employer of Choice. Each agreement includes a 2% general salary increase effective July 12, 2026, together with the following group-specific salary, benefit, and operational provisions:

AFSCME: Salary range adjustments for four classifications to support market alignment; increases to daily standby compensation and weekend and holiday standby premium pay, and technical and administrative revisions that do not result in additional fiscal impact.

AOME: Salary range adjustments for nine classifications, increases to available management leave hours, an increase to the City's deferred compensation contribution, and technical and administrative revisions that do not result in additional fiscal impact.

For unrepresented employee groups, the Compensation and Benefits Profile for each group describes the compensation, benefits, and other relevant employment provisions approved by the City Council for ongoing application.

Confidential / Specialized Confidential / Confidential Management: A 2% general salary increase, effective July 12, 2026, for all classifications in these employee groups. The amendments also include salary range adjustments for 17 classifications; increases to available management leave hours for the Specialized Confidential and Confidential Management groups, an increase to the City's deferred compensation contribution for the Confidential Management group, an increase to the maximum annual tuition reimbursement benefit; and technical and administrative revisions that do not result in additional fiscal impact.

Department Heads / Executive Management: No salary range adjustments are recommended for Department Head or Executive Management employees. The amendments include enhancements to management leave and tuition reimbursement; as well as technical and administrative revisions that do not result in additional fiscal impact.

Collectively, the proposed Memorandums of Understanding and amendments to the Compensation and Benefits Profiles reflect the City’s commitment to balancing the City's competitive compensation philosophy with fiscal responsibility. These recommendations represent fair and equitable compensation and benefit enhancements while supporting the City's continued ability to 1785
attract, retain, and develop a highly qualified workforce committed to serving the community. 1786
Compensation and
Benefits Profile
For
City of Ontario
Executive
Management
Employees
July 1, 2026
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Compensation & Benefits Profile - Executive Management 07/01/2026 2 Table of Contents
Article I. ADMINISTRATION....................................................................................................3 Section 1.01 Introduction.....................................................................................................3 Section 1.02 Purpose ..........................................................................................................3 Section 1.03 Objectives of the Plan Relative to Executive Management .............................4 Article II. COMPENSATION .....................................................................................................4 Section 2.01 Pay Plan and Benefit Review..........................................................................4 Section 2.02 Compensation Adjustment..............................................................................4 Section 2.03 Management Incentive Pay.............................................................................5 Section 2.04 Pay For Performance Bonus...........................................................................5 ARTICLE III.BENEFITS ...................................................................................................................5 Section 3.01 Health Insurance Contribution.........................................................................5 Section 3.02 City Contributions to Cafeteria Plan Benefits ..................................................6 Section 3.03 Dental Insurance.............................................................................................7 Section 3.04 Vision Insurance .............................................................................................7 Section 3.05 Short-Term and Long-Term Disability .............................................................8 Section 3.06 Life Insurance .................................................................................................8 Section 3.07 Employee Assistance Program.......................................................................8 Section 3.08 Deferred Compensation..................................................................................8 Section 3.09 Vehicle Expense Reimbursement Allowance ..................................................8 Section 3.10 Expense Reimbursement................................................................................9 Section 3.11 Flexible Spending Account............................................................................10 Section 3.12 Uniform Allowance........................................................................................10 Section 3.13 Service Weapon Upon Retirement or Honorable Resignation.......................10 ARTICLE IV. RETIREMENT / END OF SERVICE ...........................................................................10 Section 4.01 CalPERS Contribution ..................................................................................10 Section 4.02 Post-Termination Compensation...................................................................12 Section 4.03 Continuation of Health Benefits/Life Benefits ................................................12 Section 4.04 Health and Wellness Reimbursement ...........................................................12 ARTICLE V. LEAVES ....................................................................................................................13 Section 5.01 Holidays........................................................................................................13 Section 5.02 Management Leave ......................................................................................14 Section 5.03 Bereavement Leave......................................................................................14 Section 5.04 Annual Leave................................................................................................15 Section 5.05 Paid Family Care Leave................................................................................17 Section 5.06 Reproductive Loss Leave .............................................................................18 Section 5.07 Other Leaves - Paid and Unpaid...................................................................18 ARTICLE VI. GENERAL PROVISIONS...................................................................................19 Section 6.01 Overpayments, Recovery and Underpayments.............................................19 Section 6.02 Direct Deposit and Electronic Pay Advice .....................................................19 1788
Compensation & Benefits Profile - Executive Management 07/01/2026 3 Article I. ADMINISTRATION
Section 1.01 Introduction
The Executive Management Compensation and Benefit Profile is a summary of benefits and compensation practices adopted by the City Council over several years to be applied on an ongoing basis. The provisions of this document apply to all employees appointed to Executive Management positions (hereinafter known as employee); and all elected officials to the extent the provisions are not in conflict with governing statutes.

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

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

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

Section 1.02 Purpose
Persons employed in Executive Management positions are not represented by an employee organization.

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

The various forms of compensation and benefits described in this comprehensive document recognize that employees in Executive Management positions should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources; for exerting leadership to enhance the mission and future of the City; and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives. 1789
Compensation & Benefits Profile - Executive Management 07/01/2026 4 Section 1.03 Objectives of the Plan Relative to Executive Management A. Recruit and retain expert and resourceful Executive Managers and enhance their management capabilities in areas such as leadership and accountability.

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

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

Article II. COMPENSATION
Section 2.01 Pay Plan and Benefit Review
Salary and benefit levels will be reviewed on a periodic basis. Such review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be utilized to recommend competitive salary and benefit levels for Executive Management positions. Salary and benefit levels for individual positions may be adjusted from time-to-time, with the approval of the City Council (or City Manager, if appointed as its designee).

Section 2.02 Compensation Adjustment
A. Compensation and benefit levels for positions in this group may be modified from time to time by the City Council by amendment to this document, or by the City Manager as authorized by the City Council.

B. The City has adopted a compensation grade table for Executive Management classifications. Each classification is associated with a specific compensation grade as identified in Appendix A.

C. The City Manager shall assign each Executive Management classification, excluding the City Manager classification, to a compensation grade consistent with Section 2.01. Salary compensation for the City Manager classification shall be determined by the City Council.

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

E. The Ontario Municipal Code provides that the City Council determine the City Manager's salary compensation range by resolution. Consistent with California Government Code Section 36506, the City Council shall also determine the compensation range of appointive officers, including the Police Chief and Fire Chief.

F. Salary compensation for elected officials of the City is determined in accordance with Ontario Municipal Code provisions and State law. Elected officials may also receive 1790
Compensation & Benefits Profile - Executive Management 07/01/2026 5 compensation for attendance at meetings of the Ontario Housing Authority and other applicable boards as authorized. Such compensation is determined by the City Council by resolution or ordinance and may be reviewed on a periodic basis.

G. The compensation ranges adopted on July 13, 2025, will remain in effect.

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

Section 2.04 Pay For Performance Bonus
Employees in the Executive Management Group shall be eligible for Pay for Performance Bonus designed, as part of the annual evaluation process, to reward either singular achievement during the course of the evaluation year or superlative overall achievement. Examples include but are not limited to the completion of a major assigned project on time or under budget; enabling significant cost savings to the City; or making significant improvements to the efficiency of established practices.

Employees whose base salary compensation is below the maximum of their classification’s assigned compensation range will be eligible for a combination of a merit increase (up to the range’s maximum) and one-time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Employees whose base salary compensation is at the maximum of their classification’s assigned compensation range will be eligible for one-time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Additionally, a onetime non-PERSable bonus, from one (1) to five (5) percent can be awarded in lieu of a merit increase.

Any bonus granted under this program is at the sole discretion of the City Manager. Any bonus awarded under this program is one-time and is not considered part of base salary, nor is there any intention that any bonus serve as the basis for any future compensation.

Article III. BENEFITS
Section 3.01 Health Insurance Contribution
Active and retired employees and elected officials are eligible to participate in the City health insurance program. The City contributes up to a maximum of $563 per month toward health insurance premiums for active and retired employees and elected officials. This amount is inclusive of the minimum statutory employer contribution under the Public Employees’ Medical and Hospital Care Act (PEMHCA) for active employees, retired employees, and elected officials who choose to enroll in the City’s medical plan. The contribution rate is provided to cover actual premium costs based upon the enrollment of the employee or elected official and eligible dependents. 1791
Compensation & Benefits Profile - Executive Management 07/01/2026 6 Retirees from the position of Fire Chief hired into a regular position prior to July 1, 2012, shall receive a reimbursement from the City that will provide the same amount of retiree medical contributions as for retirees from the Fire Management Group hired prior to July 1, 2012.

Retirees from the position of Police Chief hired into a regular position prior to July 1, 2012, shall receive a reimbursement from the City that will provide the same amount of retiree medical contribution as for retirees from the Police Management Group hired prior to July 1, 2012.

Section 3.02 City Contributions to Cafeteria Plan Benefits A. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees and elected officials to pay for pre-tax medical, dental and vision benefits.

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

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

D. Employees or elected officials must enroll in a City offered medical insurance plan unless the employee or elected official satisfies the conditions of the eligible opt-out arrangement.

If an employee elects to opt out of coverage offered by the City, the employee must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California) per Section 3.02 (I).

E. City Contributions: Active employees and elected officials enrolled in medical coverage will receive a Cafeteria Plan Contribution of $1,300 per month, inclusive of the Health Insurance Contribution set forth in Section 3.01. Only those eligible employees enrolled with a monthly City contribution of less than $1,300 per month may take the remainder of the City’s contribution as cash. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

F. Beginning, January 1, 2018, for eligible employees and elected officials who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 3.01, shall be equal to the corresponding Kaiser plan premium for the region in which the employee or elected official is enrolled and as reflected on the CalPERS monthly billing statement and shall not be less than $1,300 per month.

G. Beginning January 1, 2018, only those eligible employees enrolled in coverage with a monthly City contribution of $1,300 per month may take the remainder of the City’s Contribution as cash. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

H. Eligible employees and elected officials who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section 3.01, shall be the greater of the average of the monthly premium amounts for the CalPERS Health 1792
Compensation & Benefits Profile - Executive Management 07/01/2026 7 Plans for the region that includes the City of Ontario; or equal to the corresponding Kaiser plan premium for the employee or elected official is enrolled and as reflected on the CalPERS monthly billing statement; and shall not be less than $1,300 per month. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

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

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

1. The employee or elected official signs a form attesting that the employee or elected official and the employee or elected official’s Tax Family have the Alternative Required Coverage for the Opt-Out Period.
a. Tax Family means all individuals for whom the employee or elected official intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt-out applies. b. Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
c. Opt-Out Period means the plan year to which the opt-out arrangement applies.

2. An employee or elected official 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 or elected official would like to receive cash in lieu.

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

Section 3.03 Dental Insurance
The City will contribute the full premium amount toward the cost of coverage for the individual and eligible dependents in the City’s Executive Dental Plan for active employees and elected officials.

Employees or elected officials who do not enroll in the City Executive Dental Plan will not receive employer contribution for dental premiums.

Section 3.04 Vision Insurance
The City will contribute the full premium amount toward the cost of coverage for the individual and eligible dependents in the City’s Executive Vision Program for active employees and elected officials. Employees and elected officials who do not enroll in the Executive City Vision Plan will not receive employer contributions for vision premiums.
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Compensation & Benefits Profile - Executive Management 07/01/2026 8 Section 3.05 Short-Term and Long-Term Disability
The City will contribute the full premium amount toward the cost of coverage for the individuals in the City designated short-term and long-term disability programs for active employees.

Section 3.06 Life Insurance
The City will contribute the full premium amount toward the cost of group term life insurance coverage in the amount of $106,000 for basic life and $109,000 for accidental death or dismemberment for active employees and elected officials, with the exception of the employees in the Police Chief and Fire Chief classifications.

For employees in the Police Chief classification, the City will contribute the full premium amount toward the cost of group term life insurance coverage equal to the basic life insurance and accidental death and dismemberment insurance provided to employees in the Ontario Police Management Group, but not less than the amount provided to other Executive Management employees.

For employees in the Fire Chief classification, the City will contribute the full premium amount toward the cost of group term life insurance coverage equal to the basic life insurance and accidental death and dismemberment insurance provided to employees in the Ontario Fire Management Group but not less than the amount provided to other Executive Management employees.

Section 3.07 Employee Assistance Program
The City maintains an employee assistance program for active employees and elected officials.

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

Section 3.08 Deferred Compensation
A. Active employees and elected officials may voluntarily contribute to the City’s 457(b) deferred compensation plan in accordance with plan provisions.

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

1. For active employees, the City will contribute 8% of the employee’s base salary, up to the maximum amount established by the relevant sections of the tax codes.

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

3. For elected officials who are not eligible for employer-paid contributions under Section 4.01(C)(2), the City will contribute 8% of base salary to the 401(a) plan, up to the maximum amount established by the relevant sections of the federal tax code.

Section 3.09 Vehicle Expense Reimbursement Allowance
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Compensation & Benefits Profile - Executive Management 07/01/2026 9 A. From time to time, the City Manager may assign a City-owned vehicle to an individual employee in an Executive Management position. Positions in this group not assigned a vehicle may receive a monthly stipend of $600 as reimbursement for use of the individual’s private vehicle for City business. The City Manager may adjust such stipend in accordance with activity levels and operational necessity, by group or individual position.

B. If assigned, a City-owned vehicle may be used by the employee for City business and for 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, maintenance, repair, and regular replacement, if warranted, of the assigned vehicle during and as a result of the scope and performance of its duties. The employee must be licensed to operate a Class C vehicle in the state of California and possess automobile insurance as required by California law. As the vehicle operator, the employee is responsible for the safe operation of the vehicle. The City may be required to report all or a portion of the value of the provided vehicle as income, consistent with applicable Internal Revenue Service regulations.

C. The City Manager may be assigned a City-owned vehicle. Alternatively, the City Manager may receive a monthly stipend as reimbursement for use of the individual’s private vehicle for City business in accordance with the employee’s employment contract.

The Mayor shall be eligible to receive the same monthly stipend as reimbursement for the use of the Mayor’s private vehicle as is available to the City Manager.

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

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

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

D. Active Executive Management employees and elected officials shall be eligible for City reimbursement of medical, dental or vision care expenses that are not covered by the City’s group plans incurred for themselves and their dependents. To be eligible, such 1795
Compensation & Benefits Profile - Executive Management 07/01/2026 10 expenses must have been incurred for medical, dental, or vision care expenses for the employee or elected official and the employee’s dependents who are currently enrolled in any of the City’s group plans. Such expenses may include plan premiums, deductibles, co-payments and other related expenses, including the expenses related to an annual physical examination. Payments shall not cover transportation expenses related to medical, dental or vision care. Each active Executive Management employee and elected official may receive a maximum amount of $2,500 each calendar year. Reimbursements or direct payments shall be made based on submitted invoices, bills, receipts or other documentation that shows proof of payment.

Section 3.11 Flexible Spending Account
Active employees and elected officials shall be eligible to participate in the City’s Flexible Spending Account (FSA) plan. An FSA allows an employee or elected official to make a pre-tax deduction for qualifying medical, dental, vision, and dependent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 3.12 Uniform Allowance
Safety employees of the group who wear their uniforms in public ceremonies or for operational necessity are entitled to a uniform allowance equal to that received by comparable safety management employees. Specifically, the Fire Chief shall receive $2,600 annually in the second paycheck in July for the purchase and maintenance of uniforms. The Police Chief shall receive $950 annually in the first paycheck in November for the maintenance, cleaning, and normal repair of uniforms.

Section 3.13 Service Weapon Upon Retirement or Honorable Resignation Upon retirement or honorable resignation, the Police Chief may purchase the employee’s service weapon under the same conditions and procedures as apply to all other police safety personnel.

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

1.A classic member is defined as an individual who meets the definition of “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes individuals that were hired before January 1, 2013, in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six (6) months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic miscellaneous CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula of Local Miscellaneous Members, including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.
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Compensation & Benefits Profile - Executive Management 07/01/2026 11 3.All miscellaneous classic members shall pay the employee’s contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

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

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

6.The Fire Chief, if eligible as a safety classic member, shall pay the same employee contribution as employees in the Fire Management Group as a pre-tax deduction to CalPERS.

B. New Member

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

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

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

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

5. The employee contribution of new safety members shall be one-half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution of new fire safety members is 11.25%. The required employee contribution of the new police safety members is 12.75%. This amount will be 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:
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Compensation & Benefits Profile - Executive Management 07/01/2026 12 1. Section 20965 – Sick Leave Credit

2. Section 21024 – Military Service Credit

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

4. Section 21548 – Pre-Retirement Optional Settlement Death Benefit D. Elected Officials

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

2. The City will pay the employee’s contribution on behalf of elected officials who elect CalPERS membership as permitted by applicable state or federal law. If membership is declined, the City will contribute 8% into a 401(a) money purchase plan.

Section 4.02 Post-Termination Compensation
In recognition that appointed Executive Management employees serve at the will and pleasure of the City Manager, the City Manager may extend the compensation and benefits of employees whom are terminated from City employment. The period of such post-termination compensation shall be determined by the City Manager and may be included in the terms of a contractual agreement between the employee and the City made at the time the individual is hired or promoted.

Section 4.03 Continuation of Health Benefits/Life Benefits Only certain specified employees hired prior to November 10, 1995, and whose rights were vested pursuant to authorization granted to the City Manager by Resolution No. 95-122, are eligible for this benefit. For such specified Executive Management employees, continuation of insurance coverage shall be subject to the following conditions. Additionally, the provisions of Government Code Sections 53201 and 53208.5 shall apply and shall supersede these conditions to the extent there are any conflicts.
“Upon termination of City service, the City will, upon request, continue health benefits or life insurance for individuals covered by this document. Such coverage may be in the form of PERS Health if applicable, or any other available equivalent health or life insurance plan.

Eligibility is determined by no less than five years of executive-level City service or one consecutive full four-year term in office.

This provision does not preclude individuals from participating in the PERS Health Plan, if eligible. The continuation of this program will be reviewed on an ongoing basis relative to cost and levels of participation.”
Section 4.04 Health and Wellness Reimbursement
Employees shall be reimbursed up to $1,000 each fiscal year for eligible health and wellness-related expenses incurred for themselves and their eligible dependents that are not otherwise covered by the City’s group plans. Such expenses may include: out-of-pocket health plan premiums; health plan deductibles; gym/fitness club membership fees; sports activities or fees; sports clothing 1798
Compensation & Benefits Profile - Executive Management 07/01/2026 13 (footwear, equipment, training and wearable fitness devices); outdoor/indoor equipment fees and rentals; subscriptions and fees for virtual/online home fitness classes or fitness / health related applications; medical testing (biometric testing, fitness, BMI assessment); holistic healing and acupuncture; massage therapy; lessons or personal training; state or national park passes; art supplies; musical instruments; hobby and craft supplies; learning tools (applications, software or online subscriptions), or any other health and wellness related expense as determined by the Executive Director Human Resources / Risk Management. Reimbursements shall be made at designated times twice each year pursuant to the program provisions. Upon hire or promotion, employees will be eligible for a prorated reimbursement for the current fiscal year.

Article V. LEAVES
Section 5.01 Holidays
The following paid holidays will be observed on the day specified.

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

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

C. 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 their scheduled workday, not to exceed 10 hours per holiday, as follows:
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Compensation & Benefits Profile - Executive Management 07/01/2026 14 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 ten (10) hours of annual leave.

3. Employees on a 9/80 work schedule shall receive compensation in accordance with their scheduled work day, 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 regularly scheduled or “flex” day off, the employee shall receive nine (9) hours of annual leave. If a holiday falls on the employee’s normal day off, the employee will receive annual leave equal to the employee’s regular workday, not to exceed 10 hours per holiday.

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

Section 5.02 Management Leave
Effective July 12, 2026, the annual management leave accrual shall increase from seventy-two (72) hours to eighty-two (82) hours. Hours will be credited to each employee the first full pay period ending in January. Employees hired or promoted after that date shall receive a pro-rated amount of such leave. All such leave must be utilized as time-off during the calendar year and will not carry over to the succeeding calendar year. Such leave will not be converted to compensation upon separation from employment. Effective July 12, 2026, employees will be credited with ten (10) additional hours of management leave for use during the remainder of the 2026 calendar year.

Section 5.03 Bereavement Leave
A. In the event of a death in an Executive Management 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 annual leave or management leave. 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.

The employee may elect to use accrued time off, including annual leave, management leave, or Paid Family Care Leave, to cover 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 annual leave or management leave.

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 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; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other 1800
Compensation & Benefits Profile - Executive Management 07/01/2026 15 relationship included in the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation.

Section 5.04 Annual Leave
A. Accruals

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

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

Years 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

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

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

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

B. Leave Conversion Upon Promotion

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

2.Vacation Leave and Sick Leave accrual balances will be converted at the following rates:
1801
Compensation & Benefits Profile - Executive Management 07/01/2026 16 a. Each accumulated hour of Sick Leave will be converted to .6 hours of Annual Leave. After the conversion, there will be no Sick Leave balance. b. Each accumulated hour of Vacation Leave will be converted to 1 hour of Annual Leave.

C. Annual Leave Conversion

1. Unit employees wishing to participate in the annual leave conversion process must submit an irrevocable election form 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.

2. 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 number of annual leave 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 on the first payday in June and/or the first payday in December, provided that the request was submitted by December 15th of the year prior.

5. Employees who do not submit an irrevocable election form by December 15th will be deemed to have foregone participation in the optional annual leave conversion program for the following calendar year.

6. 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 forty (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.

7. In the event an employee has fewer hours in their annual leave 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 bank at the time of the actual cash-out.

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

9. 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 1802
Compensation & Benefits Profile - Executive Management 07/01/2026 17 election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:
• 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 • Loss or extensive damage to the employee’s property due to casualty; or • Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

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

Section 5.05 Paid Family Care Leave
A. Each employee shall be granted paid time off not to exceed a total of forty (40) hours per calendar year, which may be used for parental leave, reproductive loss leave, and/or bereavement leave. Such Paid Family Care Leave shall not be charged against the employee's annual leave, management leave, or accrued compensatory time.

B. Paid Family Care Leave time may be used 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 off or leave of absence approval procedures. Such paid leave shall not exceed the employee’s total available paid Family Care Leave.

C. Paid Family Care Leave time may be used for a reproductive loss event. “Reproductive loss event” means the day of or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. An employee may use time off following their own reproductive loss event or that of another person, such as a spouse or partner, if the employee would have been the parent of the child born or adopted.

Paid leave days are not required to be used consecutively. Leave must be completed within three (3) months of the reproductive loss event. Such paid leave shall not exceed the employee’s total available Paid Family Care Leave. Employees may utilize unpaid reproductive loss leave as described in Section 5.06
D. An employee requesting to use Paid Family Care Leave may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children, the employee’s relationship to the child or children, and/or the occurrence of a qualifying reproductive loss event.

E. Paid Family Care Leave time may be used for bereavement leave consistent with Section

5.03 (A).

F. Leave under Section 5.05 (B) will be considered as qualifying leave under the California 1803
Compensation & Benefits Profile - Executive Management 07/01/2026 18 Family Rights Act (CFRA) and the Family Medical Leave 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 statutes.

Section 5.06 Reproductive Loss Leave
A. In accordance with Section 12945.6 of the California Government Code, the City will grant employees up to five (5) days of unpaid leave following a “reproductive loss event” as defined in Section 5.05 (C), provided that the leave is taken within three (3) months of the event. If an employee experiences more than one reproductive loss event in a year, they are entitled to no more than twenty (20) days of reproductive loss leave in that one-year period. The days off are not required to be consecutive.

B. An employee may elect to be unpaid or to use Paid Family Leave consistent with Section 5.05, or accrued time off, including annual leave, management leave, and accrued compensatory time, to cover all or a portion of the unpaid portion of their reproductive loss leave.

Section 5.07 Other Leaves - Paid and Unpaid
Executive Management employees are eligible for catastrophic leave and paid leave benefits for jury duty as provided for in the Department Head Profile. Executive Management employees may also be eligible for unpaid leaves of absence as described in the California Family Rights Act and the Family Medical Leave Act.

Section 5.08 Leadership Enrichment & Advancement Program (LEAP) A. The City is committed to developing high-performing leaders and sustaining a future-ready organization. The Leadership Enrichment & Advancement Program (LEAP) is designed to provide long-serving Senior Leadership employees with the opportunity to temporarily step away from their day-to-day responsibilities to pursue meaningful professional and personal growth experiences that benefit both the organization and the individual. This program also supports succession planning by placing Department Heads and/or Management Employees into acting leadership roles during a sabbatical.

LEAP intends to foster growth, creativity, and productivity; promote innovation; support succession planning; and reward long-term commitment by providing leaders with dedicated time for learning, exploration, and/or professional development that strengthens both the participant and the City.

B. Employees are eligible for a sabbatical based on their years of continuous Senior Leadership service with the City as follows:

Years of Senior
Leadership Service
Maximum Leave
Duration
Frequency
7-9 years Up to 3 months Every 3 years
10-11 years Up to 4 months Every 4 years
12+ years Up to 5 months Every 5 years
1804
Compensation & Benefits Profile - Executive Management 07/01/2026 19 Participants are eligible for a subsequent sabbatical after the stated number of years from their return date. For example, if a participant takes a sabbatical in year eight (8) and returns at year 8.5, the participant will be eligible again in year 11.5 (3 years later) C. Applicants must submit a Sabbatical Request, conforming to the program requirements, at least three (3) months prior to the requested leave.

D. The Sabbatical Request will be reviewed by the City Manager (or designee) and may include consultation with Human Resources or relevant leadership. Approval of the request, whether in entirety or in part, is at the sole discretion of the City Manager and is not guaranteed.

E. Program participants are expected to adhere to program requirements, including but not limited to the full list of Participant Responsibilities as well as return expectations and requirements.

Article VI. GENERAL PROVISIONS
Section 6.01 Overpayments, Recovery and Underpayments
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 as 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 documentation and necessary approval of the compensation change.

Section 6.02 Direct Deposit and Electronic Pay Advice
1805
Compensation & Benefits Profile - Executive Management 07/01/2026 20 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 (1) month.

B. In extraordinary circumstances/events that an employee is unable to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources / Risk Management Agency to be considered for an exception. Human Resources shall review the request for the Direct Deposit 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 the Executive Director Human Resources / Risk Management.

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. 1806
Compensation & Benefits Profile - Executive Management 07/01/2026 21 Article VII. FINAL SIGNATURE
All terms and conditions set forth in this Compensation and Benefits Profile are hereby effective on the 1st day of July 2026. This Compensation and Benefits Profile supersedes all previous versions of this document.

City of Ontario
Scott Ochoa, City of Ontario Date
1807
Compensation & Benefits Profile - Executive Management 07/01/2026 22 APPENDIX A

EXECUTIVE MANAGEMENT

COMPENSATION RANGES
EFFECTIVE JULY 13, 2025

RANGE MINIMUM MEDIAN MAXIMUM
EX1 $16,889.60 $19,675.93 $22,462.27
EX2 $17,733.73 $20,660.47 $23,587.20
EX3 $18,619.47 $21,692.67 $24,765.87
EX4 $19,550.27 $22,776.00 $26,001.73
EX5 $20,527.87 $23,914.80 $27,301.73
EX6 $21,555.73 $25,110.80 $28,665.87
EX7 $22,632.13 $26,366.60 $30,101.07
EX8 $23,764.00 $27,684.80 $31,605.60
EX9 $24,953.07 $29,069.73 $33,186.40
EX10 $26,201.07 $30,523.13 $34,845.20
EX11 $27,509.73 $32,047.60 $36,585.47
EX12 $28,884.27 $33,650.07 $38,415.87
*These ranges are pre-approved by the City Council for executive compensation. The City Manager shall determine assignment to a range based on market and/or experience.

EXECUTIVE MANAGEMENT COMPENSATION

RANGE ASSIGNMENTS
EFFECTIVE JULY 12, 2026

CLASSIFICATION RANGE
Assistant City Manager EX4
City Manager EX12
Deputy City Manager EX1
Executive Director Communications and Community Relations EX1 Executive Director Community Development EX6
Executive Director Community Life and Culture EX1
Executive Director Economic Development EX1
Executive Director Human Resources Risk Management EX1
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Compensation & Benefits Profile - Executive Management 07/01/2026 23 Executive Director Information Technology EX1
Executive Director of Finance EX4
Executive Director Public Works EX4
Fire Chief EX9
Police Chief EX10
Utilities General Manager EX6
1809
Memorandum
of
Understanding
Between
American Federation of
State, County & Municipal
Employees Local 3061
And
City of Ontario
July 1, 2026
through
June 30, 2027
1810
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/26– 06/30/27

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Table of Contents
ARTICLE I. ADMINISTRATION ........................................................................................................................ 5 SECTION 1.01 PARTIES TO THE AGREEMENT........................................................................................................ 5 SECTION 1.02 RECOGNITION............................................................................................................................... 5 SECTION 1.03 CITY PERSONNEL RULES .............................................................................................................. 6 SECTION 1.04 MOU DISTRIBUTION ..................................................................................................................... 6 SECTION 1.05 EFFECT OF MOU.......................................................................................................................... 6 SECTION 1.06 DEFINITIONS................................................................................................................................. 6 SECTION 1.07 MANAGEMENT RIGHTS.................................................................................................................. 8 SECTION 1.08 EMPLOYEE RIGHTS....................................................................................................................... 9 SECTION 1.09 CONTRACT WORK ........................................................................................................................ 9 SECTION 1.10 NEW DEPARTMENTAL WORK RULES.............................................................................................. 9 ARTICLE II. EMPLOYMENT PROVISIONS ...................................................................................................... 9 SECTION 2.01 PROBATIONARY PERIOD................................................................................................................ 9 SECTION 2.02 HOURS OF WORK ....................................................................................................................... 10 SECTION 2.03 TRANSFERS................................................................................................................................ 10 SECTION 2.04 PROMOTIONS/APPOINTMENTS..................................................................................................... 10 SECTION 2.05 TEMPORARY EMPLOYEES............................................................................................................ 11 SECTION 2.06 LAYOFF PROCEDURES ................................................................................................................ 12 ARTICLE III. CLASSIFICATIONS..................................................................................................................... 12 SECTION 3.01 CURRENT / CHANGED CLASSIFICATIONS ...................................................................................... 12 SECTION 3.02 HIGHER CLASSIFICATION WORK .................................................................................................. 13 SECTION 3.03 CLASSIFICATION REVIEW ............................................................................................................ 14 SECTION 3.04 CLASSIFICATION REVIEW APPEAL................................................................................................ 14 SECTION 3.05 COMPENSATION AND CLASSIFICATION STUDIES............................................................................ 14 ARTICLE IV. COMPENSATION........................................................................................................................ 14 SECTION 4.01 SALARY...................................................................................................................................... 14 SECTION 4.02 SALARY SCHEDULE..................................................................................................................... 15 SECTION 4.03 OVERTIME.................................................................................................................................. 15 SECTION 4.04 COMPENSATORY TIME ................................................................................................................ 16 SECTION 4.05 STANDBY ................................................................................................................................... 16 SECTION 4.06 SHIFT DIFFERENTIAL................................................................................................................... 18 SECTION 4.07 FATIGUE PAY / TIME OFF ............................................................................................................ 18 SECTION 4.08 SKILLS AND CERTIFICATIONS....................................................................................................... 18 SECTION 4.09 TO PASS:.................................................................................................................................... 20 SECTION 4.10 MERIT INCREASES ...................................................................................................................... 20 ARTICLE V. LEAVES – PAID AND UNPAID................................................................................................... 21 SECTION 5.01 HOLIDAYS .................................................................................................................................. 21 SECTION 5.02 VACATION .................................................................................................................................. 22 SECTION 5.03 SICK LEAVE................................................................................................................................ 24 SECTION 5.04 PERSONAL LEAVE....................................................................................................................... 25 SECTION 5.05 BEREAVEMENT LEAVE................................................................................................................. 25 SECTION 5.06 FAMILY MEDICAL LEAVES............................................................................................................ 26 SECTION 5.07 CATASTROPHIC LEAVE................................................................................................................ 27 SECTION 5.08 JURY DUTY ................................................................................................................................ 27 SECTION 5.09 PAID FAMILY CARE LEAVE........................................................................................................... 28 SECTION 5.10 REPRODUCTIVE LOSS LEAVE....................................................................................................... 28 1811
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/26– 06/30/27

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ARTICLE VI. BENEFITS.................................................................................................................................... 29 SECTION 6.01 HEALTH INSURANCE CONTRIBUTION ............................................................................................ 29 SECTION 6.02 CITY CONTRIBUTIONS TO CAFETERIA PLAN BENEFITS .................................................................. 29 SECTION 6.03 INSURANCE COMMITTEE.............................................................................................................. 31 SECTION 6.04 FLEXIBLE SPENDING ACCOUNTS.................................................................................................. 31 SECTION 6.05 RETIREMENT .............................................................................................................................. 31 SECTION 6.06 DEFERRED COMPENSATION ........................................................................................................ 32 SECTION 6.07 UNIFORMS.................................................................................................................................. 32 SECTION 6.08 EMPLOYEE ASSISTANCE PROGRAM ............................................................................................. 33 SECTION 6.09 MEALS DURING EMERGENCY WORK SITUATIONS ......................................................................... 33 SECTION 6.10 USE OF ELECTRICAL SERVICE VEHICLE ....................................................................................... 33 SECTION 6.11 TOOL REPLACEMENT .................................................................................................................. 33 SECTION 6.12 TUITION REIMBURSEMENT........................................................................................................... 34 SECTION 6.13 COMMERCIAL DRIVER’S LICENSES............................................................................................... 34 ARTICLE VII. DISCIPLINARY PROCEDURE.................................................................................................... 35 SECTION 7.01 DUE PROCESS AND EMPLOYEE REPRESENTATION ....................................................................... 35 SECTION 7.02 DISCIPLINE................................................................................................................................. 35 SECTION 7.03 EXCEPTIONS .............................................................................................................................. 37 SECTION 7.04 PROGRESSIVE DISCIPLINE........................................................................................................... 37 ARTICLE VIII. GRIEVANCE PROCEDURE........................................................................................................ 37 SECTION 8.01 DEFINITIONS............................................................................................................................... 37 SECTION 8.02 UNION GRIEVANCE ..................................................................................................................... 37 SECTION 8.03 LEVEL I - INFORMAL .................................................................................................................... 38 SECTION 8.04 LEVEL II – FORMAL ..................................................................................................................... 38 SECTION 8.05 LEVEL III .................................................................................................................................... 38 SECTION 8.06 LEVEL IV.................................................................................................................................... 39 SECTION 8.07 LEVEL V – ARBITRATION ............................................................................................................. 39 SECTION 8.08 GENERAL PROVISIONS................................................................................................................ 40 ARTICLE IX. REPRESENTATION .................................................................................................................... 41 SECTION 9.01 AFSCME DEDUCTIONS.............................................................................................................. 41 SECTION 9.02 MAINTENANCE OF MEMBERSHIP .................................................................................................. 41 SECTION 9.03 RECORDS................................................................................................................................... 41 SECTION 9.04 INDEMNIFICATION........................................................................................................................ 42 SECTION 9.05 UNION STEWARDS...................................................................................................................... 42 SECTION 9.06 RELEASE TIME ........................................................................................................................... 42 SECTION 9.07 ACCESS TO WORK LOCATION...................................................................................................... 43 SECTION 9.08 SHIFT CHANGES FOR UNION MEETINGS ...................................................................................... 43 SECTION 9.09 UNION/MANAGEMENT MEETINGS................................................................................................. 44 SECTION 9.10 BULLETIN BOARDS...................................................................................................................... 44 SECTION 9.11 NEW EMPLOYEE ORIENTATION.................................................................................................... 45 ARTICLE X. GENERAL PROVISIONS ............................................................................................................ 45 SECTION 10.01 PERSONNEL FILES...................................................................................................................... 45 SECTION 10.02 INACTIVE STATUS OF PERSONNEL FILE DOCUMENTS.................................................................... 45 SECTION 10.03 SAFETY PROGRAM...................................................................................................................... 46 SECTION 10.04 SEPARABILITY ............................................................................................................................ 47 SECTION 10.05 PEACEFUL PERFORMANCE OF CITY SERVICES ............................................................................. 47 SECTION 10.06 DIRECT DEPOSIT AND ELECTRONIC PAY ADVICE .......................................................................... 47 SECTION 10.07 FAILURE TO MAINTAIN DRIVER’S LICENSE .................................................................................... 48 SECTION 10.08 OVERPAYMENTS, RECOVERY AND UNDERPAYMENTS.................................................................... 48 1812
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES 07/01/26– 06/30/27

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Ontario City CouncilJuly 21, 2026

Ontario City Council
July 21, 2026