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Agreed to:

Two employees per shift, per day, say be approved for a “Wellness Day” in excess of
the current 4 employees allowed on preapproved time off (Article 12, Vacations).
However, a “Wellness Day” atay be denied at the discretion of the Divisional
Supervisor or Bureau Commander if these days cause backfill overtime.

Once attained, the employee will have one year from the date they receive the
“Wellness Day(s)” to use them. “Wellness Days” will not be carried past this one year
mark.

The percentile standards or physical test requirements may be altered at the beginning
of the calendar year (January) prior to that year’s PT Tests, at the discretion of the Chief
of Police.

Any changes to this Article made by the Chief of Police will not be subject to Union
Approval or Collective Bargaining negotiation. Any changes to the Wellness Incentive
requirements and standards will be communicated to all sworn personnel prior to their
annual PT Test.

Nashua Police Patrolman’s Association For the Nashua Police Commission

Date:

Date:

SIDEBAR AGREEMENT
TO THE
JULY 1, 2019 THROUGH JUNE 30, 2023
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NASHUA POLICE COMMISSION
AND
NASHUA POLICE SUPERVISOR’S ASSOCIATION

The parties to the above-referenced agreement hereby make the following supplementary
agreement thereto.

Establishing Article 14B, Wellness Incentive Program: To read,

In accordance with S.0.P. 87, Physical Fitness Program, all “members of the Nashua Police
Department hired AFTER July, 7, 1990 are required to annually participate in the Department’s
physical fitness testing”.

Upon being scheduled for an annual physical fitness test (PT Test), members may opt to take the
Wellness Incentive PT Test as a replacement of the annual PT Test, by notifying Professional
Standards. The Wellness Incentive PT Test will consist of the following Cooper Standards
Physical Tests:

-Bench Press
-Sit-ups
-Push-ups
-1.5 mile run

Any member scoring at or above the 80" Percentile will receive one (1) Wellness Day off.
Any member scoring at or above the 90'" Percentile will receive two (2) Wellness Days off.
A member must receive at or above the 80" or 90" percentile for each test. The scores will NOT

be averaged.

A member will! complete and submit a Nashua Police Department Request For Leave form
through their normal chain of command, to request to use an attained Wellness Day Off as they
would for any other approved day off.

Stipulations:

e An employee cannot use a “Wellness Day” for the following holidays: New Year’s
Eve, New Year’s Day, July 4", Thanksgiving Day, the Friday immediately following
Thanksgiving Day, Christmas Eve, or Christmas Day.

Two employees per shift, per day, mtay be approved for a “Wellness Day”. However,
a “Wellness Day” may be denied at the discretion of the Divisional Supervisor or
Bureau Commander if these days cause backfill overtime.

Once attained, the employee will have one year from the date they receive the
“Wellness Day(s)” to use them. “Wellness Days” will not be carried past this one year
mark.

The percentile standards or physical test requirements may be altered at the beginning
of the calendar year (January) prior to that year’s PT Tests, at the discretion of the Chief
of Police.

Any changes to this Article made by the Chief of Police will not be subject to Union
Approval or Collective Bargaining negotiation. Any changes to the Wellness Incentive
requirements and standards will be communicated to all sworn personnel prior to their
annual PT Test.

Agreed to:
Nashua Police Supervisor’s Association For the Nashua Police Commission
Date: Bate:

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-132
PURPOSE: Approving the cost items of sidebar agreements between the

Nashua Police Commission and the Nashua Police Patrolman’s
Association and the Nashua Police Commission and the Nashua
Police Supervisor’s Association regarding a Wellness Incentive

Program
ENDORSER(S): Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
COMMITTEE . .
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: The cost analysis is as follows: the fiscal impact will be minimal.

In rare instances, there could be a backfill cost.

ANALYSIS

This resolution approves the cost items of sidebar agreements between the Nashua Police
Commission and the Nashua Police Patrolman’s Association and the Nashua Police Commission
and the Nashua Police Supervisor’s Association concerning a Wellness Incentive Program. The
board of aldermen must vote whether or not to approve the cost items of these sidebars within thirty
days of receipt. RSA 273-A:3 II (c).

Approved as to accountnumber _—_—‘ Financial Services Division
and/or structure, and amount: a
By; _/s/ John Griffin

Approved as to form: Office of orporation Counsel

Date LIP lk, Zor {

R-21-133

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A JOINT POWERS
AGREEMENT OF COMMUNITY POWER COALITION OF NEW HAMPSHIRE

CITY OF NASHUA

In the Year Two Thousand and Twenty-one

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a Joint Powers Agreement of Community Power Coalition of New Hampshire in
substantially the same form as the attached.

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor,
with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute all
necessary documents and take all necessary actions contemplated by the Joint Powers Agreement
of Community Power Coalition of New Hampshire or required to effectuate the same.

RESOLUTION:
PURPOSE:

ENDORSERS:

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-133

Authorizing the City of Nashua to enter Joint Power
Agreement of Community Power Coalition of New Hampshire

Mayor Jim Donchess

Finance Committee

ANALYSIS

This resolution authorizes the City of Nashua to enter into a Joint Powers Agreement of
Community Power Coalition of New Hampshire

Charter §77 provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on all locations for proposed municipal building and facilities,
including educational, [and] on the purchase and sale of any land by the city.”

Approved as to form:

Office of Corporation Counsel

(/ ~~-y

Date: Mhasbe 24, Zot/

JOINT POWERS AGREEMENT
OF
COMMUNITY POWER COALITON OF NEW HAMPSHIRE
Effective , 2021
Among the Following Parties:

City of Lebanon

Town of Hanover
[City of Nashua]

[Cheshire County]

[1 or more additional jurisdictions TBD]

This Joint Powers Agreement (“Agreement”) is made and entered into pursuant to
the provisions of New Hampshire Revised Statutes Annotated 53-A:3, as it may be amended,
(“NH RSA”) providing for the joint exercise of powers among the parties set forth in Attachment
B (“Parties”). The term “Parties” shall also include a municipality, county, or a group of such
entities operating jointly pursuant to RSA 53-E:3, II(b) added to this Agreement in accordance
with Article IV, Section 3. Parties to this Agreement shall be known as Members,

RECITALS

WHEREAS, the Constitution of New Hampshire declares that “Free and fair
competition in the trades and industries is an inherent and essential right of the people and should
be protected against all monopolies and conspiracies which tend to hinder or destroy it”;

WHEREAS, in 1996, the New Hampshire General Court enacted NH RSA 374-F, the
Electric Utility Restructuring Act to “to reduce costs for all consumers of electricity by
harnessing the power of competitive markets...for wholesale and retail! electricity services”;

WHEREAS, in 1996, the NH General Court also enacted NH RSA 53-E, “Aggregation
of Electric Customers by Municipalities and Counties” and in 2019, the General Court enacted
SB 286 (Chapter 316, NH Laws of 2019) to better enable municipalities and counties to create
Community Power Aggregations (“CPAs”) as a competitive means for local governments to
achieve their local policy goals and assume the responsibility of providing electricity service to
their residents and businesses that da not choose an alternative supplier;

WHEREAS, electric aggregation will allow communities to promote renewable and
distributed energy development, energy efficiency programs, price stability, access to innovative
energy products, services, and rates, and local economic benefits through local control;

WHEREAS, local communities have substantial responsibilities and authority for land
use planning, including adoption of master plans that may address transportation, utility and
energy planning among other needs pursuant to NH RSA 674:2, zoning, development review,

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building and fire code administration, adoption of “stretch” codes pursuant to NH RSA 155-A:2,
V, and creation of energy commissions pursuant to NH RSA 38-D for the study, planning, and
utilization of energy resources and making recommendations on sustainable practices;

WHEREAS, the Members desire to establish a separate legal entity, known as
Community Power Coalition of New Hampshire (“CPCNH”), under the provisions of NH RSA
53-A, in order to jointly support the implementation and operation of their respective CPAs and
related energy programs and to offer membership on the same mutually-advantageous terms to
all municipalities and counties throughout the State of New Hampshire; and

WHEREAS, by establishing the Corporation, the Members seek to create an
independent enterprise that is financially sustainable, mutually beneficial, responsive to local
priorities, well managed, and overseen by both elected officials and members of the public to
promote the common good and general welfare by supporting the economic vitality and
prosperity of local communities.

AGREEMENTS

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Members as follows:

ARTICLE I
DEFINITIONS AND ATTACHMENTS

SECTION 1. Definitions. Capitalized terms used in the Agreement shall have the meanings
specified in Attachment A, unless the context requires otherwise

SECTION 2. Documents Included. This Agreement consists of this document and the following
attachments, all of which are hereby incorporated into this Agreement:

Attachment A: Definitions

Attachment B: Articles of Agreement of the Corporation
Attachment C: Corporation By-Laws

Attachment D: List of Members

Attachment E: Signatories

Attachment F: List of Project Contracts

Attachment G: Notices to Corporation

SECTION 3. Revision of Attachments, The Members agree that Attachments B, C, D, E, F, and
G to this Agreement describe certain organizational and administrative matters that may be revised
from time to time upon approval of the Board or Membership, without such revision constituting
an amendment to this Agreement. The Corporation shall provide written notice to the Members
of revision of any such attachment.

ARTICLE II
FORMATION OF CORPORATION

SECTION 1. Creation of Corporation. The Corporation will be formed by the filing of the
Articles of Agreement of the Corporation in the form set forth in Attachment B with the New

Hampshire Secretary of State.

SECTION 2. Purpose. The purpose of this Agreement is for Members to make the most efficient
use of their powers on a basis of mutual advantage through a corporation separate from, and for
which, the Members are not liable for the debts, liabilities, or obligations of the Corporation, except
to the extent they may have contracted with the Corporation to be liable thereafter. The Members
will form the Corporation to regulate and manage the affairs of the Corporation not inconsistent
with the laws of New Hampshire or the Articles of Agreement, in order to study, promote, develop,
conduct, operate, and manage energy-related programs, and to exercise all other powers necessary
and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the
Members intend for the Corporation to jointly exercise certain powers, privileges, and authorities
granted to municipalities and counties pursuant to NH RSA 33-B, NH RSA 53-E, NH RSA 53-F,
and NH RSA 374-D (and by reference NH RSA 33), all in accordance with NH RSA 53-A; to
assist Members in exercising their authorities under, and complying with, the provisions of NH
RSA 53-E in developing and implementing Electric Aggregation Plans and Programs, known as
CPAs; to provide supportive services and technical assistance to CPAs serving member
municipalities and counties; and to support and promote public education and civic engagement
by the residents and businesses of member communities in developing and implementing energy
and climate policies and actions and the role of CPAs in advancing such policies and actions for
the common good. The Corporation will be a non-stock, non-profit voluntary corporation.

ARTICLE Ill
POWERS

Powers under this Agreement shall be the same as provided for the Corporation as reflected in the
Articles of Agreement of the Community Power Coalition of New Hampshire, with the initial
text as set forth in Attachment B.

ARTICLE IV
MEMBERSHIP

SECTION 1. Members to Agreement. Each Member certifies that it intends to, and does,
contract with every other Member and, in addition, with such other Members as may later be
added. Each Member also certifies that the withdrawal or termination of any Member from this
Agreement does not affect this Agreement, each Member’s obligations under the Agreement, and
each remaining Member’s intent to contract with the other Members then remaining. Members
acknowledge that membership in the Agreement may change by the addition and/or withdrawal or
termination of Members. Prior to the initial Members Annual Meeting, each eligible entity upon
delivery of a certified authorization of participation in, and an executed, Agreement shall become
a Member as provided for in Sections 2 and 3 below.

SECTION 2. Membership Eligibility, Membership in the Agreement will be pursuant to the
same terms for Membership in the Corporation as reflected in the By-Laws.

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SECTION 3. Additional Members. Any eligible entity may become a Member of the
Agreement pursuant to the same terms for Membership in the Corporation as reflected in the By-

Laws.

SECTION 4. Voluntary Withdrawal of Member. Voluntary withdrawal of a Member from the
Agreement shall be pursuant to the same terms for voluntary withdrawal of membership in the

Corporation as reflected in the By-Laws.

SECTION 5. Involuntary Termination of Member. Involuntary Termination of Member from
the Agreement shall be pursuant to the same terms for involuntary termination of membership in

the Corporation as reflected in the By-Laws.

SECTION 6. Continuing Obligations. Any withdrawn or terminated Member shall continue to
be liable for its obligations under any Project Contract and Cost Sharing Agreement(s) for the
remaining term of any such Contract or Agreement, and for any claims, demands, damages or
liabilities arising from the Member’s participation in the Corporation through the date of its
withdrawal or involuntary termination. The Member’s equity or deficit position while a participant
in any Project Contract will continue to be reflected in the records and reports of the Corporation.
The Corporation may withhold funds otherwise owing to the Member or may require the Member
to deposit sufficient funds with the Corporation, as reasonably determined by the Board, to cover
the Member’s liability for the costs described herein. Any amount of the Member’s funds held on
deposit with the Corporation above that required to pay any liability or obligation shall be returned
to the Member.

ARTICLE V
COST SHARING PRINCIPLES

SECTION 1. Fiscal Year. The fiscal year shail be the calendar year, subject to the Board’s
discretion to amend the Fiscal Year. Before changing the Fiscal Year, the Board shall confer with
the Treasurer and may confer with the auditor.

SECTION 2. Budget. The budget will be established pursuant to the terms reflected in the By-
Laws.

SECTION 3. Cost Sharing Agreements. An agreement shall be entered into between the
Corporation and each respective Member, uniform in all material respects, except with regard to
the scope of Member services and Project Contracts that each Member selects to participate in and
pay for, to ensure that the costs, expenses, debts, and liabilities (“costs”) directly or indirectly
incurred by the Corporation on such Member’s behalf are recovered through said Member’s CPA
revenues, or from revenues from grants or other third-party sources. Such costs shal! be classified
as:

(a) CPA Member Services Costs: costs incurred to provide the Complete Service Bundle, or such
services that CPCNH offers, shall be recovered directly from Member(s) for the period they
contract to receive such service(s). The Complete Service Bundle will include those services
CPAs will require to undertake and provide Electric Aggregation Plans and Programs, such as:
power supply procurement and management, data and billing, and customer service;

(b) General and Administrative Costs: costs described in Article V, Section 4 are incurred for
the common objectives of all Members of the Corporation, and are not incurred specifically in

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