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CC Resolution 8018RESOLUTION N0. 801 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A NEW EMPLOYMENT CONTRACT WHEREAS, the adopted Preliminary 1990-1992 Budget authorizes contract services for lighting services maintenance; and WHEREAS, it has been determined that these services can best be provided by a single individual rather than by a service company; and WHEREAS, it has been determined that these services should be established on a fiscal year-to-year basis; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the Public Works Director to execute an employment contract for the position of Signal and Lighting Technician with the Lighting Services Section of the Public Works Deparment. BE IT FURTHER RESOLVED that the Public Works Director is authorized to renew said employment contract on a fiscal year basis, as authorized by the adoption or amendment of the Public Works Department's annual budget. PASSED AND ADOPTED this 2nd day of October, 1990, by the following vote: AYES: Councilmembers Kotowski, Watson, Conant, Burr, Ashworth NOES: Councilmembers None ABSENT: Councilmembers None APPROVED: ~j~`7~"" John J. Ashworth, Mayor EMPLOYMENT CONTRACT This Agreement made this day of , 1990, between the CITY OF CAMPBELL, hereinafter referred to as "The City" and CHARLES ERNEST GALLARDO, hereinafter referred to as the "Employee;" Section 1. Term of Emplovment The City hereby employs the Employee and the Employee hereby accepts employment with The City for a period beginning October 15, 1990 and terminating at the close of business on October 14, 1991; however, this Agreement may be terminated earlier as herein provided. The Employee shall have the opportunity to work an additional year through renewal of this Agreement starting October 15, 1991 if the Employee's work has been evaluated as satisfactory. Section 2. Duties of Employee Employee is hereby hired as a Signal and Lighting Technician for the Lighting Services Program and shall work at the Signal and Lighting Shop at the Service Center, Campbell, California. The Employee's duties shall consist of those duties enumerated under the job description attached hereto and made a part of this contract. Section 3. Compensation of Emplovee As compensation for the hours of services actually rendered under this Agreement, the Employee shall be entitled to payment from the City at the rate of $18.91 per hour, to be computed and paid every other week in accordance with The City's standard pay schedule. During the effective term of this Agreement, the Employee shall devote forty (40) hours per week to this position. Standard City rules and practices regarding compensation for overtime and emergency work shall be extended to the Employee. The Employee shall be eligible for the negotiated cost of living increase if approved by the City Council of The City in 1991. City of Campbell, California Employment Contract: Charles Gallardo Section 4. Emplovee's Benefits Employee shall be entitled to sick leave time, vacation time, holidays, workers' compensation coverage, and health and dental insurance in the manner specified below. 1. Sick Leave Time: The Employee shall be entitled to 96 (96) hours of sick leave time during the term of this contract. In the event the Employee terminates employment prior to the end of the contract term, such sick leave will be prorated and shall have no monetary payoff value to the Employee. If, however, the Employee has used more than the proportionate share to which entitled, such amount will be deducted from Employee's final paycheck. Consideration will be given each year upon contract renewal for the carry-over of unused sick leave. 2. Vacation Time: Eighty-eight (88) hours of vacation time will be provided to the Employee during the term of this contract. In the event the Employee terminates employment prior to the end of the contract term, such vacation time will be prorated and any unused proportionate share to which entitled shall be paid in a lump sum on the Employee's final paycheck. If, however, the Employee has used more than the proportionate share to which entitled, such amount will be deducted from Employee's final paycheck. Should this contract be renewed, consideration will be given to the carry-over of unused vacation leave. 3. Holiday Pay: Employee shall be paid for all City- observed holidays. There are fourteen paid holidays in each calendar year, including five floating holidays of the employee's choice. 4. Worker's Compensation Coverage: Standard workers' compensation coverage will be provided to the Employee. 5. Group Health Insurance: City to contribute $290.00 per month for the term of this contract towards group health insurance for the Employee and any eligible dependents. Should part or all of this amount not be utilized for this purpose, no rebate to the Employee will be made. 6. Dental Plan Coverage: City will provide Delta Dental Plan coverage. City of Campbell, California 2 Employment Contract: Charles Gallardo Section 5. Termination of Emplovment This Agreement shall terminate immediately on the occurrence of any one (1) of the following events: 1. The termination of the Lighting Services Program, Program 725 of the Engineering Division of Public Works. 2. The occurrence of circumstances that make it impossible or impractical for the Lighting Services Program, Program 725, to be continued. 3. The death or resignation of the Employee. 4. The willful breach of duty by the Employee in the course of his employment unless waived by the City. 5. The unsatisfactory performance of employment duties by the Employee. 6. The continued incapacity on the part of the Employee to perform his duties unless waived by the City. In the event of the termination of this Agreement, Employee shall be entitled to compensation earned by him prior to the date of termination as provided for in this Agreement prorated up to and including that date; the Employee shall be entitled to no further compensation after the date of termination. Section 6. General Provisions 1. The Employee shall be directly responsible to the City's supervising Senior Signal and Lighting Technician, Kevin Comstock. 2. The Employee shall be required to provide five (5) working days' notice for vacation leave. 3. The Employee shall be required to provide earliest practical notice as to necessary sick leave time. Notice shall be directed to the City's supervising Senior Signal and Lighting Technician. 4. In the event of termination of this Agreement by either party, ten (10) working days' written notice shall be required. 5. The Agreement does not prevent the Employee from competing for and accepting placement as a permanent Senior City of Campbell, California 3 Employment Contract: Charles Gallardo Signal and Lighting Technician upon subsequent examination to the execution of this Agreement. The necessary ten (10) working days' written notice for termination of this Agreement shall be waived in the event that the Employee is offered and accepts a permanent position with the City. This Agreement supersedes any and all other Agreements either oral or in writing, between the parties hereto with respect to the employment of Employee by the City and contains all of the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing signed by the party to be charged. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall be nevertheless continued in full force without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of the State of California. EXECUTED AT CAMPBELL, California on the day and year first above written. By: Donald C. Wimberly Public Works Director By: Charles Ernest Gallardo Contract Employee City of Campbell, California 4 CITY OF CAMPBELL PUBLIC WORKS DEPARTMENT SIGNAL AND LIGHTING TECHNICIAN THE POSITION: This is a contract position in the Lighting Services Section, Engineering Division of the Public Works Department reporting to the supervising Senior Signal and Lighting Technician. The City has over 1,500 street lights and is developing a computerized database and map for the street light system. The contract employee will work from the new Signal and Lighting Shop at the Service Center. All types of normal street light maintenance will be performed by the contract employee with assistance from Temporary Traffic Technicians. The contract employee shall also have signal maintenance duties, but will normally be assigned to street light maintenance activities. Equipment available to the Lighting Section includes a pickup truck and a boom truck. TYPICAL DUTIES: Has field responsibility for street lighting and traffic signal operations and maintenance. Performs journey level work of moderate difficulty in the installation, maintenance and repair of electrical systems for street lighting and signals and equipment. Performs related work as required. Services, prepares and installs conduits, wires, cables, pullboxes, transformers, switchboards, and switches required in making additions, extensions or alterations in street lighting and signal systems. Tests, locates, diagnoses and repairs trouble in electronic components, electrical systems and electrical equipment. Repairs and replaces damaged signal controllers, electroliers and poles. Performs inspections on signal and lighting installations and reads blueprints and electrical diagrams. May complete work order forms, maintain records in the signal and lighting service request computer systems, and provide and maintain the database of the street light inventory. Inspects pole painting operations by contractors. EMPLOYMENT STANDARDS: Education and Experience: Equivalent to graduation from high school and three years of experience in street lighting and signal repair and inspection work. Possession of: valid California Drivers License.