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8 lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's regular base pay or two (2) times the employee's regular base pay for hours worked on an actual holiday, or be paid for overtime worked. 9.4 Maximum compensatory time accumulated shall not exceed forty (40) hours. If the maximum is exceeded, the employee will receive overtime pay to reduce the accumulation to the maximum allowed. ARTICLE X — STANDBY AND CALL BACK 10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby assignments. The employee on standby status will be available during that period for call back and the EMPLOYER will call that employee first should any call back be necessary. The employee will be paid one (1) hour at time and one-half the regular rate of pay for that employee for standby on weekdays. The employee will be paid two (2) hours at time and one-half the regular rate of pay for that employee for standby on weekends and observed holidays. 10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off in lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours compensatory time off for each twenty-four (24) hour period on standby status Monday through Friday; three (3) hours compensatory time off for each twenty-four (24) hour period on standby status on weekends and those dates recognized by the EMPLOYER as observed holidays. Such compensatory time accumulation shall be part of the maximum allowed under Section 9.4. 10.3 An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate, or two times the base rate on the actual holiday. Special weekend and holiday schedules for lift checking shall be treated as call backs. 10.4 Special weekend and holiday schedules for lift station checking shall be treated as a call back. ARTICLE XI — LEGAL DEFENSE 11.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision shall not receive legal defense by the City. 11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of employment, when such act is performed in good faith and under direct order of the supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XII — RIGHT OF SUBCONTRACT 12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the