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.