Search Jobs

The City of Lincoln is hiring up to 6 part-time Assistant Pool Managers within the Recreation Department.  This position may require you to work various days, weekends or evenings.

Seasonal employees are limited to working no more than 999 hours in a fiscal year.

Under direction, assists in the overall operations of a swimming pool facility, and its assigned temporary employees; assists in the planning, organizing, coordination, development, implementation, promotion, and evaluation of aquatic activities and programs for all ages.

The Assistant Pool Manager is the working lead class responsible for assisting with the daily operations of the pool and aquatics program. This class is distinguished from the next higher classification of Pool Manager in that the latter has overall responsibility for the pool operations, programs, and staff.

SUPERVISION RECEIVED/EXERCISED

Receives direction from the Pool Manager. Exercises indirect supervision over temporary and seasonal aquatics personnel; may exercise direct supervision in the Pool Manager’s absence.

ESSENTIAL FUNCTIONS
Include but are not limited to the following:

• Assist in monitoring and supervision of the day-to-day operations of the aquatics program, which includes direction to lifeguards/instructors; enforce and explain pool regulations and policies; administer first aid and perform emergency rescues.
• Maintain proper health specifications, in restroom and locker areas and take all safety precautions.
• Manage the daily opening and closing of the facility.
• Assist in the oversight of proper sanitation and maintenance of pool water; ensure cleanliness of restrooms, dressing rooms, and public areas; report maintenance conditions affecting facility operation and security.
• Assist in the oversight of the safe and proper operations of assigned pool; ensure pool rules and safety guidelines are followed; maintain order with disruptive patrons and exercise crowd control where warranted; and refer escalated issues to assigned supervisor or proper authorities.
• Exercise lead/indirect supervision over all assigned staff including temporary and seasonal staff, independent contract instructors, and volunteers. Exercise direct supervision in the Pool Manager’s absence.
• Participate in the recruitment and hiring of temporary, part-time, or seasonal aquatics staff as required.
• Promote and enforce water safety procedures; effect swimming rescues; render first aid and CPR as required; ensure the safety of pool users and enforce all user rules and policies of the department.
• Complete, review, and file accident and incident reports; assist with follow-up related to reports; purchase, check, and maintain first aid equipment; perform daily safety checks and inspections of the facility and all equipment.
• Assist with employee schedules; complete reports on chemical tests; assist with the training of lifeguards and other aquatics staff; verify and check aquatics staff timecards; submit timecards to Pool Manager for approval; coordinate and facilitate staff meetings; assist with special events.
• Work with maintenance staff to ensure that pool facility maintenance procedures are followed.
• Keep the pool, pool deck, and auxiliary buildings/areas clean and free of litter and debris.
• Act as the Pool Manager in her/his absence.
• Perform related duties as assigned.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

Position requires sitting, standing, walking, reaching, twisting, turning, kneeling, bending, stooping, squatting, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when reading correspondence, statistical data and using a computer. The need to lift, drag and push files, paper and equipment weighing 25 pounds or more is also required. The incumbent may use cleaning chemicals, or pool chemicals, which may expose the employee to fumes, dust and air contaminants. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot and cold and is required to swim.

KNOWLEDGE/ABILITIES/SKILLS
The following are a representative sample of the KSA’s necessary to perform essential duties of the position.

Knowledge of: Modern principles and practices of aquatics programs; facilities, operations, and techniques used in aquatics programs; routine swimming pool maintenance, chlorinators, heaters, and other equipment used in a pool facility; current techniques in swim lesson instruction; basic pool chemistry, including chemicals used to disinfect water and maintain proper PH in a public pool; practices and principles of first aid and CPR lifesaving safety measures at a public pool; health and safety codes applicable to the operation of a public pool; principles and practices of customer service; modern office equipment, methods, and procedures; computer hardware and software; proper English, spelling, and grammar.

Ability to: Supervise and instruct individuals and groups in various aquatic and related recreational activities; plan and lead the work of volunteers, seasonal/part-time staff; establish and maintain effective working relationships with those contacted in the course of work; interpret community demand for aquatic programs; successfully resolve a variety of customer service related matters; respond to emergency situations in a calm and effective manner; administer first aid and CPR; work outdoors in a variety of weather conditions.

THE SELECTION PROCESS
The process may include an in-basket exercise, individual interviews, panel interviews and/or other related components.  Only those candidates who have the best combination of qualifications in relation to the requirements and duties of the position will continue in the selection process. Meeting the minimum qualifications does not guarantee an invitation to the process. The candidate selected for the position will be required to complete a background check including reference checks, fingerprint check, medical/drug-test evaluation and/or other related components.

Human Resources will make reasonable efforts in the examination process to accommodate persons with disabilities.  Please advise HR of any special needs a minimum of five days in advance of the selection process exam by calling (916) 434-3229. The City of Lincoln is an Equal Opportunity Employer.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

The City of Lincoln is hiring up to 12 Senior Recreation Aides within the Recreation Department. We are seeking candidates who demonstrate a passion for working with children, along with strong reliability, creativity, and enthusiasm.

Seasonal employees are limited to working no more than 999 hours in a fiscal year.

Under general supervision, performs a variety of frontline staff duties within the City Recreation Department and other related duties as required.

The Senior Recreation Aide is the advanced journey level class and is responsible for performing more complex assignments within an established procedural framework where there are consequences of error. This classification is distinguished from the next higher classification of Recreation Coordinator by the performance of complex assignments and supervisory responsibilities.

SUPERVISION RECEIVED/EXERCISED:

Receives supervision from administrative and/or management staff. Incumbents of this class do not routinely exercise supervision but those at the higher levels may be asked to supervise from time to time but not on a consistent basis.

ESSENTIAL FUNCTIONS:  (include but are not limited to the following)

Duties specific to working as a Recreation Aide in the Sports arena:

• Assist with the following: set-up and tear down of program equipment, preparation of playing fields and routine facility maintenance.
• Keep statistics and accurate score for basketball, softball, flag football, soccer & volleyball.
• Collect and record the team’s lineups and assist officials during the game with specific rules and policies.
• Officiate adult & youth volleyball, youth basketball & youth flag football games.
• Uphold the rules of play and code of conduct.

Duties specific to working as a Recreation Aide in the Camp/General arena: 

• Develop and implement activities and programs for youth.
• Directly supervise children, monitor and redirect behavior, both on site and during trips.

Duties that pertain to both areas:

• Assist with the creation and distribution of advertising material for upcoming recreational programs and events.
• Assist with the distribution & collection of participant surveys.
• Demonstrate understanding of applicable policies, procedures and work methods associated with assigned duties.
• Establish positive working relationships with City management and staff, and the public.
• Assist with special events and perform other duties as assigned.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable otherwise qualified individuals with disabilities to perform the essential functions. Perform heavy manual labor; learn to operate a variety of equipment; work with tools related to recreational maintenance. The position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping and making repetitive hand movement in the performance of daily duties. The incumbent needs to have the ability to hear and speak for purposes of communication. The position also requires both near and far vision when administering programs and operating equipment. The need to lift, carry and push equipment and supplies weighing 25 pounds or more is also required. The incumbent in this outdoor position works in all weather conditions, including wet, hot, and cold.

KNOWLEDGE, SKILLS AND ABILITIES:  (The following are a representative sample of the KSA's necessary to perform essential duties of the position.)

Knowledge of: Principles, practices and methods used in various recreational activities and programs. Basic principles of reading and mathematics, applicable federal, state and local laws, codes and regulations, including recreational manuals and specifications; standard office procedures, practices and equipment; modern office equipment including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; and occupational hazards and standard safety procedures.

Skill to: Be able to receive direction and follow oral and written instructions; have qualities such as reliability, dependability, creativity and enthusiasm; ability to develop effective working relationships with fellow city employees, children, and parents. Ability to work with children, a strong knowledge of sports programs and the rules or running recreational programs. Operate an office computer and variety of word processing and software applications.

Ability to: Lift up to 50 lbs.; deal successfully with the public, in person and over the telephone; courteously respond to community issues, concerns and needs; interpret, explain and apply applicable laws, codes, rules and regulations; make suggestions to adjust standard operating procedures as is appropriate; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

THE SELECTION PROCESS

The process may include an in-basket exercise, individual interviews, panel interviews and/or other related components.  Only those candidates who have the best combination of qualifications in relation to the requirements and duties of the position will continue in the selection process. Meeting the minimum qualifications does not guarantee an invitation to the process. The candidate selected for the position will be required to complete a background check including reference checks, fingerprint check, medical/drug-test evaluation and/or other related components.

Human Resources will make reasonable efforts in the examination process to accommodate persons with disabilities.  Please advise HR of any special needs a minimum of five days in advance of the selection process exam by calling (916) 434-3229. The City of Lincoln is an Equal Opportunity Employer.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

The City of Dixon is recruiting one (1) Senior Lifeguard/ Swim Instructor for the 2026 Aquatic Season.

The Senior Lifeguard/Swim Instructor performs a variety of duties to ensure the City of Dixon swimming pool is a safe and enjoyable aquatic facility. Supervises pool patrons, enforces pool rules, performs first aid and emergency rescues, instructs swim lessons, performs cashiering duties, leads recreational activities; performs related and other work as required.

Staff may be expected to work weekends and on fixed holidays. Those who work on a City Holiday will earn 1 ½ times their base hourly salary.

This position is subject to random controlled substance testing and/or breath alcohol testing.

Exam Process:  Only a limited number of candidates, whose applications indicate that, among those competing, they are better qualified in terms of related experience, will be invited to participate in the recruitment process, which will consist of an oral interview (weighted 100%). 

Employment Processing: Those selected are subject to pre-employment drug testing and fingerprinting. In accordance with Federal law, an employee must provide proof of identity and proof that they may legally work in the United States.

Veteran's Preference Points: Veteran's Preference Points will be applied in accordance with the City's Personnel Rules & Regulations. A copy of the DD214 form must be filed at the time of application.

The City of Dixon is an EQUAL OPPORTUNITY EMPLOYER.

Please do not reply to any emails from CalOpps during this process as this correspondence does not come back to our agency.

Join our team!  Make a Difference in Your Community!

Are you enthusiastic, responsible, and ready to make a positive impact?  The City of Menlo Park is hiring part-time Recreation Leaders and Recreation Specialists to support a wide range of programs in our Library and Community Services Department!

This is a fantastic opportunity to make a difference in your community, build meaningful relationships, and work in a fun, supportive team environment.  We are looking for team members who are energetic, driven, and passionate about creating a fun, safe, and positive experience for participants of all ages.  You will support after-school programs, youth activities, sports, gymnastics, community events, and senior center programs.  
 
Shifts vary between 7:00 AM – 10:00 PM (most positions in sports and events have a later end time, while youth/senior programs typically are daytime hours).

If you are excited to bring your energy, creativity, and commitment to our community, we would love to have you on our team!

About the Position
Depending on the assigned program, the duties may include, but are not limited to, the following:

After School Programs

• Opening and closing facilities
• Monitoring, coordinating and running classes
• Setting up and breaking down of events
• Planning and preparing program materials to support program operations

Arrillaga Recreation Center (Events)

• Opening and closing the building
• Answering phones
• Ability to learn, use, and perform tasks in recreation software systems
• Setting up and cleaning up events and facility rentals
• Overseeing and monitoring the Recreation facilities during facility rentals Gymnasium/Sports
• Performing outstanding customer service
• Basketball, Volleyball and Softball scorekeeping
• May be responsible for handling money and organizing class sign-in sheets 

Gymnastics

• Working directly with children in gymnastics classes, supporting skill development, confidence, and independence
• Demonstrating skills and modeling positive behavior as a role model for students
• Communicating with parents as needed about progress, development, and questions
• Maintaining class discipline using positive reinforcement and progressive behavior management techniques

Senior Center

• Helping serve meals
• Helping coordinate activities
• Serving as Kitchen Cook

These positions are part-time, hourly, non-benefited classifications limited to a maximum of 1,000 hours per fiscal year (or approximately 20 hours a week). 

Physical Requirements
This position requires a moderate to high level of physical activity depending on program assignment. Duties may include standing, walking, bending, squatting, kneeling, reaching, and sitting for extended periods of time while facilitating programs, interacting with participants, or performing administrative tasks. Employees must be able to actively supervise and engage participants in a variety of recreation programs and activities, both indoors and outdoors, and move quickly to respond to participant needs and ensure safety. The position may also require lifting, carrying, pushing, and pulling equipment, supplies, tables, chairs, or other materials weighing up to approximately 30 – 50 pounds as part of program setup and breakdown. Some assignments may involve computer and desk work for program planning, communication, and administrative duties.

DEFINITION:

The City of Union City’s Community and Recreation Services Department is seeking passionate, motivated, and certified fitness professionals to join the Mark Green Sports Center (MGSC) team as Group Exercise Instructors and/or Personal Trainers. This position supports the City’s mission to promote health, wellness, and community engagement through high-quality fitness programs. Trainers and instructors work in a supportive, community-based environment — with no commission-based quotas or sales pressure. Instead, our Fitness Coordinator assists in client promotion, class opportunities, and professional growth through internal referrals and member engagement. Group Exercise Instructors may join our substitute roster and may be assigned to teach classes aligned with their certification and experience as openings arise.

IDEAL CANDIDATE:
The ideal candidate is enthusiastic about fitness, dependable, and committed to helping others achieve their well-being goals. They are team-oriented professionals who bring positive energy to every interaction and can adapt to various client and group needs while maintaining safety and professionalism.  
 

EXAMPLE OF DUTIES (illustrative only):

Personal Training  

• Conduct client assessments, orientations, and personalized training sessions.  
• Develop safe and effective programs tailored to each client’s unique goals and abilities.  
• Maintain clear and timely communication with clients, Coordinator & Supervisor.
• Promote member engagement through professionalism, reliability, and encouragement.  
• Ensure client safety, confidentiality, and adherence to Mark Green Sports Center policies.  .

Group Exercise Instruction  

• Lead safe, engaging, and inclusive group exercise classes in relation to certification and/or experience.  
• Sub for scheduled instructors as needed.  
• Provide classes with enthusiasm, professionalism, and energy that fosters motivation and participation.
• Greet and meet participants when preparation for class to start. 
• Maintain professional communication.  
• Ensure client safety, confidentiality, and adherence to Mark Green Sports Center policies.

DEFINITION:

The Music Instructor is responsible for providing quality music instruction to participants of varying skill levels in a positive and engaging environment. This position requires strong knowledge of music techniques and the ability to plan and deliver lessons that meet individual participants’ needs. The instructor will plan, prepare, and implement music lessons tailored to each participant’s abilities and goals, teaching music theory, aural skills, and practical techniques to individuals and groups. They will also prepare participants for performances or showcases as part of the program, select and acquire appropriate teaching materials and resources, and motivate participants to achieve continuous progress. In addition, the Music Instructor will communicate effectively with recreation staff and parents/caregivers regarding schedules, progress, and participant needs, assess participants’ abilities, provide constructive feedback, and maintain progress records. Delivering excellent customer service and representing the City in a professional and positive manner are essential aspects of this role. The ideal candidate will be patient, enthusiastic, and dedicated to fostering a supportive learning environment where participants can grow both musically and personally. 
 

CLASS CHARACTERISTICS:

1-10 hours per week as needed.

EXAMPLE OF DUTIES (illustrative only):

• Demonstrate knowledge of music techniques.
• Plan and prepare lessons in relation to individual participants' needs. 
• Teach music theory, aural skills and practical techniques to participants entering and preparing participants for showcase.
• Acquire appropriate teaching materials and resources.
• Motivate participants and encourage progress.
• Communicate with recreation staff and parents.
• Assess participants' abilities, providing feedback and progress.
• Deliver exceptional customer service.

The City of Auburn is hiring for the seasonal, part-time Bus Driver I position in the Auburn Transit Department.

Auburn Transit is looking for qualified individuals to join our transit team. These positions are seasonal, part-time and each has a maximum of 999 hours of work per fiscal year. The incumbent's schedule will be flexible, based on the needs of the department, community transit needs and employee availability.

WHAT YOU WILL DO

This position operates a variety of transit and General Public Paratransit (GPPV) vehicles to transport passengers in a safe, courteous and reliable manner. The incumbent will learn all transit laws, operating procedures and policies. 

Auburn Transit provides fixed and on-demand transportation services to the community. In addition to designated bus routes, Auburn Transit works with other local transit agencies to ensure adequate services are provided for school needs and special events. For more information about the services that Auburn Transit offers, visit: https://www.auburn.ca.gov/192/Transit-Services.

DISTINGUISHING CHARACTERISTICS

The Bus Driver I is an entry-level classification responsible for routine tasks and operation of specific transit vehicles. It is essential incumbents learn all transit laws, operating procedures and policies. The role is performed under direct supervision from the Transportation Supervisor or designee and does not involve supervision over other staff.

REPRESENTATIVE DUTIES

The following duties are typical for this classification. Actual work may vary based on department needs or change due to evolving business practices.

• Operates a bus or other General Public Paratransit (GPPV) vehicles on City streets and highways in all weather conditions to transport passengers on established routes with designated stops, on-demand rideshare services, field trips and special events.
• Ensures passenger safety by observing passenger behavior, verifying safety belts are secured and rendering aid to passengers in an emergency.
• Assists passengers boarding and deboarding as needed or requested, including senior citizens, individuals with disabilities and care-dependent persons.
• Operates a smart device and two-radio to respond to transit dispatch and on-demand rideshare requests requiring adjustments to existing schedules and routes.
• Operates automatic wheelchair lifts, collects fares, issues passes, secures wheelchairs and other assistive devices.
• Promptly notifies management and completes reports regarding accidents and incidents involving vehicles and passengers.
• Conducts mandatory daily pre-trip vehicle inspections adhering to state and city regulations before each route, including reporting inspection results, daily trip logs, and required vehicle repairs and maintenance.
• Performs minor maintenance, repair and cleaning of transit vehicles and fleet storage facility.
• Adheres to all public transit federal, state and local laws, rules and regulations.
• Maintains a valid California driver’s license and passenger certifications required by the state vehicle code, Department of Motor Vehicles, Department of Transportation and other applicable standards.
• Performs related duties as assigned.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT

The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Work is performed primarily in a field environment including travel from site to site; extensive public contact; exposure to all types of weather and temperature conditions; noise, dust, fumes, noxious odors and gases. Primary functions require sufficient physical ability to operate a passenger bus for extended periods of time; push, pull, lift, and/or carry moderate amounts of weight; twist; climb steps; operate assigned vehicles; see in the normal visual range with or without correction; and hear in the normal audio range with or without correction.

SELECTION PROCESS

Candidates will be evaluated for qualifications. Those who demonstrate the strongest qualifications will be invited to interview. Meeting minimum requirements does not guarantee an interview. The selection process may also include a written exam or skills assessments. The final candidate will undergo a background check, live scan and pre-employment medical exam.

The City of Auburn is committed to equal opportunity employment and providing a fair selection process. We will make reasonable accommodations for applicants with disabilities upon request.

If you have a disability that requires an accommodation to participate in the selection process, please notify Human Resources at least five business days in advance of the exam. You can reach us by calling (530) 823-4211 ext. 114 or emailing hr@auburn.ca.gov.

The City of Lincoln is accepting applications for the position of Refuse Truck Driver II in the Solid Waste division of the Public Works department. Under general supervision, this position performs the full array of duties in the Solid Waste division, including maintenance, operating collection vehicles and refuse equipment operation. This job classification is represented by the Classified, Local 39 employee group; the probation period is 12 months.

Open positions may be filled as regular/full-time or seasonal/part-time.  Seasonal positions are limited to 999 hours per fiscal year and are unbenefited, and may become regular/full-time positions, dependent upon the future needs of the department.

DISTINGUISHING CHARACTERISTICS

The Refuse Truck Driver II is the journey-level class responsible for a wide variety of maintenance and refuse collection tasks. This classification is distinguished from the next higher classification of Senior Refuse Truck Driver in that the latter performs the more complex assignments and lead responsibilities. 

SUPERVISION RECEIVED/EXERCISED

This position receives general supervision from the Solid Waste division’s Public Services Supervisor. May exercise technical and functional supervision over assigned staff.

ESSENTIAL FUNCTIONS

Include but are not limited to the following:

• Performs general maintenance, repair, construction, equipment operation and installation work in refuse collection.
• Operates a variety of collection vehicles and equipment including front, rear and side loaders in the collection and transportation of residential and commercial refuse; drives to landfill site when vehicle is full and unloads material; evaluates and updates assigned routes; cleans, maintains and inspects assigned vehicles; maintains daily logs.
• Demonstrates a full understanding of applicable policies, procedures and work methods associated with assigned duties; may provide training to lower level staff; responds to questions and concerns from the general public; provides information as is appropriate and resolves public service complaints.
• Establishes positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS

Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry and push tools, equipment and supplies weighing 25 pounds or more is also required. Additionally, the incumbent in this outdoor position works in all weather conditions including wet, hot and cold. The incumbent may use cleaning and lubricating chemicals, pesticides or herbicides which may expose the employee to fumes, dust and air contaminants. The nature of the work also requires the incumbent to climb ladders, use power and noise producing tools and equipment, operate hydraulic aerial devices, drive motorized vehicles and heavy equipment, work in heavy vehicle traffic conditions and often work with constant interruptions.

KNOWLEDGE/ABILITIES/SKILLS

The following are a representative sample of the KAS’s necessary to perform essential duties of the position.

Knowledge of:  Practices, techniques and materials used in maintenance, construction and repair of streets, buildings, parks and water treatment facilities; knowledge of the City street system; applicable federal, state and local laws, codes and regulations; operating characteristics and safety requirements for operation of trucks, refuse vehicles and other heavy and light equipment; defensive driving; proper lifting procedures; methods and techniques for record keeping; basic principles of mathematics; occupational hazards and standard safety procedures.

Ability to:  Perform maintenance, repair and installation of asphalt, signs, concrete, water mains and storm drains; drive and operate trucks and heavy construction equipment; respond to issues and concerns from the community; interpret, explain and apply applicable laws, codes and regulations; operate a variety of construction equipment, vehicles and power and hand tools; perform heavy manual labor for extended periods of time; work at substantial heights; respond to after-hours call-outs if assigned; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Skill to:  Safely and effectively operate a variety of maintenance equipment, tools and materials.  

THE SELECTION PROCESS

The process may include an in-basket exercise, individual interviews, panel interviews and/or other related components.  Only those candidates who have the best combination of qualifications in relation to the requirements and duties of the position will continue in the selection process. The candidate selected for the position will be required to complete a background check including reference checks, fingerprint check, medical exam, drug-screening and/or other related components.

Human Resources will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise Human Resources of any special needs a minimum of five days in advance of the selection process exam by calling (916) 434-3229 or emailing hr@lincolnca.gov. The City of Lincoln is an Equal Opportunity Employer.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.