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55394.00000\42495009.1 <br /> <br />7. Cell Phone/Technology/Equipment. The City agrees to provide <br />Nuñez a cell phone, laptop computer in addition to a desktop computer, and a mobile <br />device such as an IPad for purposes of conducting official City business. Nuñez agrees <br />the use of such equipment shall be for conducting City business only and shall not be <br />used for personal purposes. <br /> <br />8. Leaves, Vacation, and Holidays. <br />a. Sick Leave. Sick leave shall accrue and be capped at the <br />same amount of hours per year as provided to the unrepresented Executive Management <br />Group. Sick leave accrues and is accounted for on a prorated basis in each pay period. <br />As an existing employee of City, Nuñez has a bank of sick leave hours which he shall be <br />entitled to retain. Sick leave may be used for personal illness, illness of a spouse or <br />dependent, and doctor and dentist appointments or as otherwise provided under <br />California law. Sick leave earned can be cashed in (into the City’s Retirement Health <br />Savings (“RHS”) Plan) and/or CalPERS Service Credit at the rate of one hundred percent <br />(100%) of its value upon death, retirement for disability or from service, or resignation. <br />Accrued sick leave may also be converted to service credit under the "Credit for Unused <br />Sick Leave" option of the Public Employees' Retirement System per Government Code <br />section 20965. Any annual accrual over the maximum sick leave hours will be converted <br />into Nuñez’s RHS Plan account during the first full pay period in January of each year. <br />Nuñez upon termination of employment with the City, shall be entitled to the amount of <br />unused sick leave benefits credited to his RHS and/or CalPERS Service Credit account <br />upon the effective date of separation. <br />b. Vacation Leave. Nuñez shall earn of the same amount of <br />vacation hours per year as provided to the unrepresented Executive Management Group. <br />Vacation leave accrues and is accounted for on a prorated basis in each pay period. As <br />an employee of City, Nuñez has a bank of vacation leave hours that he shall be entitled <br />to maintain. Nuñez shall accrue vacation leave at his existing normal rate. Nuñez may <br />use vacation as it accrues. Vacation accrued by Nuñez and not taken shall be cashed out <br />or paid to Nuñez when separating from City service, calculated at Nuñez’s then-current <br />base hourly rate in accordance with the same rules that apply to the unrepresented