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7. Cell Phone/Technology/Equipment. The City agrees to provide <br /> Nunez a cell phone, laptop computer in addition to a desktop computer, and a mobile <br /> device such as an !Pad for purposes of conducting official City business. Nunez agrees <br /> the use of such equipment shall be for conducting City business only and shall not be <br /> used for personal purposes. <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, Nunez 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 CaIPERS 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 Nunez's RHS Plan account during the first full pay period in January of each year. <br /> Nunez 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 CaIPERS Service Credit account <br /> upon the effective date of separation. <br /> b. Vacation Leave. Nunez 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, Nunez has a bank of vacation leave hours that he shall be entitled <br /> to maintain. Nunez shall accrue vacation leave at his existing normal rate. Nunez may <br /> use vacation as it accrues. Vacation accrued by Nunez and not taken shall be cashed out <br /> or paid to Nunez when separating from City service, calculated at Nunez's then-current <br /> base hourly rate in accordance with the same rules that apply to the unrepresented <br /> Executive Management Group; it shall not be necessary to carry Nunez on the payroll for <br /> 55394.00000\42495009.1 <br />