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Finance Committee - Agenda - 5/18/2022 - P183

By dnadmin on Sun, 11/06/2022 - 21:42
Document Date
Wed, 05/18/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/18/2022 - 00:00
Page Number
183
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051820…

Exhibit B Warranty

WARRANTY: Materials provided herein are warranted by Milton for twelve (12) months from the date
of invoice, limited to defects in materials and workmanship from the Milton’s supplier.

Services provided herein are warranted by Milton for ninety (90) days or fifty (SO) running hours,
whichever is less, and limited to defects in service workmanship provided by Milton. Extended
Service Coverage (ESC) or other Power Protection Programs offered by Milton are available and
will prevail if purchased separately and duly registered with Caterpillar, Inc. Inspection

and/or service by Milton do not guarantee that failures will not occur in any given time frame or
between Milton’s visits. Customer Reserves the right to accept/reject any recommendation

made by Milton regarding service, maintenance or repair of engines and equipment. OTHER
THAN AS EXPRESSLY PROVIDED HEREIN, MILTON MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COMPANY'S

ABILITY TO DISCLAIM ANY IMPLIEO WARRANTIES, THIS

DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. LIMITATION OF
LIABILITY: Milton's liability is limited to the value of the work, repair, or material actually contracted
for inthe Agreement during the effective dates of the Agreement. Milton shall not be liable

for any losses, damages, injuries, claims, demands and expenses including, but not limited to,
consequential or incidental damage caused by war, Acts of God, acts of terrorism,
governmental regulations, strike, loss damage, destruction, obsolescence, claims by third parties,
or loss by Customer as aresult of the faiture of the equipment to

perform or any loss or claim not herein specified, but of a contingent nature.

Page Image
Finance Committee - Agenda - 5/18/2022 - P183

Board Of Aldermen - Agenda - 3/8/2022 - P249

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
249
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

M.

Responsibilities of Supervisors: Potential workloads, manpower
requirements, or any possibility of an emergency situation are
considerations of a supervisor before approving usage. Upon receipt of
the vacation request, supervisors will respond as soon as possible, but
within two (2) weeks of receipt of the block week vacation request. Due
to the limited time frame of individual vacation days, supervisors will
respond to the vacation request prior to the date of the requested use.

Number of Employees Allowed at One Time: The number of employees
allowed on vacation at one time shall be determined by the Chief or his
designee and shall not be affected by the availability of police officers.

Final Approval: Before final approval by the employee's supervisor, the
accrual of the necessary vacation time needed must be verified by the
appropriate personnel in the Financial Services Division.

1. The appropriate form will be completed by the supervisor or
employee, and forwarded to the appropriate Financial Services
Division personnel.

2. After approval, the form will be sent back to the employee's
Bureau Commander and the employee will be notified.

Resolving Conflicts: If a conflict arises in the use of vacation time
among employees, the Bureau Commander or designee will resolve any
conflict. The Bureau Commander or designee will use the following
hierarchy in order to resolve conflicts:

Merit Supervisors

Senior Full-Time Employees
Junior Full-Time Employees
Part-Time Employees

Changed/Canceled Approved Vacation: Once a vacation is approved
and the dates are to be changed or canceled by the employee, the

employee must reapply. The employee must complete the appropriate
form canceling the vacation and the entire process began again.

Recall of Vacation: Any approved vacation is subject to recall by the
Chief of Police or designee due to workloads, manpower requirements,
and any emergencies that arise. Employees shall be paid time and half of
their regular rate of pay for a callback when on vacation and granted an
equivalent amount off vacation time, but no less than one day, which may
be banked for future use.

14

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Board Of Aldermen - Agenda - 3/8/2022 - P249

Board Of Aldermen - Agenda - 3/8/2022 - P250

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
250
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

ARTICLE 14
HOLIDAYS

Full-FimeEmployees:

FulltimeAll employees who work 32 hours per week or more will receive a day's pay at

their regular straight time rate for the below aaa Fa in Sion Maiti

time. deedoiec Emplovess are eligible t to receive ores (12) holidays per con ann the
Presidential Election Day (every fourth year).

Standard Holidays: Nine (9) of the holidays are the same from year to year. The eight
nine standard holidays are:

NEW YEAR'S DAY INDEPENDENCE DAY VETERANS DAY
CIVIL RIGHTS DAY LABOR DAY THANKSGIVING
DAY
MEMORIAL DAY COLUMBUS DAY CHRISTMAS DAY
Floating Holidays:

Three (3) holidays are determined by the Board of Police Commissioners or the Chief of
Police in January of each year.

Employees who work less than 32 hours per week will receive the following holidays

| NEW_YEAR’S DAY LABOR DAY CHRISTMAS DAY
MEMORIAL DAY VETERANS DAY
FOURTH OF JULY THANKSGIVING DAY

Holiday Policies:

A. In order to qualify for holiday pay, full-time and part-time employees who
are off-duty on the day of the holiday, must have worked their last

15

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Board Of Aldermen - Agenda - 3/8/2022 - P250

Board Of Aldermen - Agenda - 3/8/2022 - P251

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
251
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

scheduled duty day prior to the holiday and the first scheduled duty day
after the holiday, or been absent on authorized leave on either or both of
these days. “Authorized leave" is defined as an occupational injury,
bereavement leave, vacation or sick leave, jury duty, military reserve or
National Guard duty, court appearance by subpoena, or other
compensatory time off, determined by your supervisor.

B. Holidays that fall on Saturday are celebrated on Friday, and ones that fall
on Sunday are celebrated on Monday.

Holiday Pay for Non-Essential Employees:
Non-essential feltime-employees do not work holidays, but receive a paid day off.

Holiday Pay for Essential Employees:

Essential full-time employees are required to work holidays if they fall on their regularly
scheduled work day. Essential fitite_ employees shall receive one day's pay at their
regular rate for the above holidays in addition to their regular pay. The Chief of Police or
designee shall have the authority to add positions to this list of essential personnel as
warranted in order to maintain efficient department operations. Essential personnel are,

but are not limited to, Reeeptienists-and-Detention Specialists.

ARTICLE 15
UNIFORMS, DRESS & GROOMING CODE

General Policies:

It is the policy of the Nashua Police Department to provide certain guidelines to insure a
professional image in the grooming and dress of its employees. Due to tours and visits
from official representatives and public contacts, police headquarters is often open to
outsiders. It is the policy of the Nashua Police Department that its employees project a
professional image in their grooming and dress.

Uniforms/Specialized Apparel:

Certain employees are designated by the Chief of Police or designee to wear uniforms or
specialized apparel. They shall conform to the uniform requirements and specifications
as listed under the Nashua Police Department Rules and Regulations Manual. Upon
employment with the Nashua Police Department, designated employees will receive
initial issue of uniforms as determined by the Chief of Police or designee. Needed
replacement will be issued as authorized by the Chief of Police or designee.

Civilian Clothing:

16

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Board Of Aldermen - Agenda - 3/8/2022 - P251

Board Of Aldermen - Agenda - 3/8/2022 - P252

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
252
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

Male and female members permitted to wear civilian clothing shall conform to standards
normally worn by office personnel in professional, private business firms unless
otherwise directed by a supervisor. On Friday through Sunday and holidays, employees
may elect to wear clothing conforming to the standards of the Department for business
casual dress. It will be at the discretion of the Chief of Police or designee to make a
determination of acceptable or nonacceptable attire.

Grooming:

Personal appearances of all male and female employees should be clean and neat.
Mustaches, beards, and hairstyles should be neatly trimmed and groomed.

ARTICLE 16

MEDICAL & LIFE INSURANCE

All employees covered by this Collective Bargaining Agreement shall receive benefits
under this Article. The provider shall be Alligiant Care POS Plan A with DN 1,
prescription drug, vision, hearing, health club and life insurance.

The City shali be responsible for a contribution not to exceed an amount equal to an 80%
contribution for a HMO plan offered by the City, to include deductibles and co-pays
required of other unionized unsworn employees at the police department plus an amount
equal to the City’s contribution for dental insurance coverage for City merit employees.
In no instance shall the City’s contribution exceed the actual cost of the employee’s

health insurance plan.

Employee shall be responsible for the balance of any premium not covered by the City’s
contributions.

Should the Union vote to have its members participate in the City offered health care
plans, the employees shali contribute the same percentage of the premiums as contributed
by a majority of City employees on those plans as well as being responsible for all co-
pays and deductibles for which the majority of City employees are responsible for under
the offered health care plans.

The health insurance through Northern New England Benefit Trust shall only be
available to current members that are enrolled in the City of Nashua health insurance
plans or employees hired after the date of ratification of this Agreement. In the event of a
spouse’s death, divorce, or a job loss resulting in a member’s loss of health insurance
coverage under that spouse’s plan, the member shall be allowed to join Northem New

England Benefit Trust.

Page Image
Board Of Aldermen - Agenda - 3/8/2022 - P252

Board Of Aldermen - Agenda - 3/8/2022 - P253

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
253
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

Alligiant Care shall retain the nght to modify said Plan should experience become
unmanageable.

Upon retirement, members shall be entitled to enroll in the City’s health and dental plans
so that they will receive the same benefits as other similarly situated retired City

employees.
LIFE INSURANCE

Full-time employees and other employees working a regular schedule of at least 30 hours
per week are eligible to participate in the city's group term life insurance benefit. The
benefit is equal to one and one-half times the annual basic rate of pay of each employee.
If an employee elects to participate, the City will pay 100% of the premium cost. This
benefit also provides for optional term life insurance and is 100% employee paid. The
benefit amounts are determined by the insurance carrier, and the cost of optional
coverage is determined by your age.

SHORT TERM DISABILITY COVERAGE

The City of Nashua will offer Short Term Disability coverage to all employees covered
under this CBA. Participation in this program will be completely optional and funded
entirely at the employee’s expense.

ARTICLE 17
SICK LEAVE

Part-Time Employees:

For the purposes of this article, sick leave deductions during one workday shall be the
employee’s normal workday. Part-time employees shall receive prorated sick days and
reach maximum accrual caps based on full-time accruals for employees hired prior to the
signing of this contract. (Examples below.)

32 hours = 8 Hours each Month or 96 hours a year, cumulative to a
maximum of 612 hours.

34 hours = 8.5 Hours each Month or 102 hours a year, cumulative to a
maximum of 612 hours.

Transfers from Another Bargaining Unit or other City Department:
Full-time-and parttime empleyees-Employees who transfer from another bargaining unit

or from another City Department without any breaks in City service will be permitted to

Page Image
Board Of Aldermen - Agenda - 3/8/2022 - P253

Board Of Aldermen - Agenda - 3/8/2022 - P254

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
254
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

retain their sick leave accrual balances. However, they will not be permitted to use them
as sick days under this article until! completion of six (6) months of continuous
employment.

Full-Time Employees:

Full-time employees must be employed prior to and including the 15" of any month, or
on approved sick or vacation leave, to accrue sick time for that particular month. Sick
leave for full-time employees on the active payroll, covered by this Agreement shall
accumulate at the rate below per calendar month (1 1/4 Days or 15 Days per Year),
except as noted below for employees hired after the signing of this contract:

« 10 hours each month or 120 hours a year, cumulative to a maximum of 1080
hours for 40-hour-a-week employees.

Sick Leave Policies:

Employees must have the appropriate time accrued before use of sick time is approved.
At no time shall an employee be paid sick time if it has not yet been accrued. During an
unpaid leave of absence, an employee does not accrue any sick time.

Use of Sick Leave:

1. Sick leave shall not be considered as a privilege which an employee may
use at his discretion. It shall be allowed only in the case of necessity and
actual sickness or disability of the employee, the employee’s spouse or
domestic partner, children, and parents, but only when employee’s
presence is required to actively care for the ill person, or to take physical
and dental examinations or other sickness prevention measures.

2. Essential and non-essential employees shali not make physical and dental
examinations during their tour of duty if possible. If these types of
examinations cannot be made during off-duty times, essential personnel
must make arrangements with their Bureau Commander or designee to
assure that coverage is available during their absence from duty. If no
coverage is available, the physical and dental examination will be
rescheduled when the employee is off duty or when coverage is available.

3. All absences from work or absences during their tour of duty due to
illness, disability, physical/dental examinations or other sickness
prevention measures shall be deducted from the non-exempt employee's
accumulated sick leave by actual hours missed. If the employee is exempt
(salaried), he shall not have this time deducted from sick leave; however,
the time may be required to be documented and allocated to FMLA if the

Page Image
Board Of Aldermen - Agenda - 3/8/2022 - P254

Board Of Aldermen - Agenda - 3/8/2022 - P255

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
255
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

absence is a qualifying FMLA event. This includes the right to require
the employee to submit a physician's statement verifying the need for the
use of the sick leave, irrespective of the number of sick hours taken. The
Commission reserves the right to verify all claims for paid sick leave.

Notification of Sick Leave:

Non-essential employees are to make arrangements to notify their immediate supervisor
or the Desk Sergeant at headquarters daily and in a timely manner prior to scheduled duty
time of their intention to be on sick leave. Essential employees shall make the necessary
notifications at least one (1) hour before their normal scheduled duty time.

Use of Leave:

The appropriate supervisor will complete NPD Form #02-96#19-2, "Use-ofLeaveNotice

of Sick Leave," upon notification of an employee's requesting sick leave. Empleyees
taking -siekteave-are-requirede—fillt_out NPD Porm #02 07 —Use of Leave-Time-the

Bech eet dese Gee the re ee

Doctor’s Slip Required:

Notwithstanding the frequency, in all cases a doctor’s slip is required for employees
taking three or more successive sick days within five (5) days after returning to work.

Loss & Reinstatement of Sick Leave:

1. Except in the case of death, accrued sick leave shall be lost if the
employee resigns, is discharged, or released —orteakteff . If full-time
employees leave employment with the Nashua Police Department, but
return within three (3) years of your date of termination, their accrued sick
leave will be reinstated.

2, Full and part-time employees who have reached their sick leave cap, 1080
hours for full-time employees and 612 hours for part-time employees,
shall be allowed up to an additional year’s sick leave accrual; however,
said days shall not be allowed to carry into the ensuing year. At the start
of every new calendar year, the sick leave balance shall be brought back to
the employee’s maximum accrual amount. Employees will be able to
again accrue sick days as outlined in this Article beyond their cap up to an
additional year’s accrual for that year, and the process will begin again.

3. Full-time employees who abuse sick leave, shall forfeit 10 days (for 40-

hour-a-week employees), of accrued sick leave for a first offense. (If the
entire 10 days cannot be deducted from the accumulated total due to the

20

Page Image
Board Of Aldermen - Agenda - 3/8/2022 - P255

Board Of Aldermen - Agenda - 3/8/2022 - P256

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
256
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

accrual amount, the negative balance will be carried over until the entire
time can be deducted.)

For the second offense, full-time employees shall forfeit 12 days (for 40-
hour-a-week employees) of accrued sick leave. (If the entire 12 days
cannot be deducted from the accumulated total due to the accrual amount,
the negative balance will be carried over until the entire time can be
deducted.) For the third offense, the employee will be immediately
discharged.

| Death/Retirement Payments for Full-Time Employees:

1.

Sick Bank:

1.

Accrued sick leave, up to the designated amount listed in the following
paragraphs, shall be paid in a lump sum to the employee’s beneficiary, as
specified in writing by the employee on an approved form, if death occurs
while employed by the Nashua Police Department. If no beneficiaries are
designated by the employee, the accrued sick leave will be paid to the
employee’s estate.

Upon retirement under the NH Retirement System, an employee will
receive payment for the accrued sick leave balance in his account (up to
720 hours for 40-hour-a-week employees), calculated at the current rate of
pay on the day of retirement.

Upon layoff due to reduction in force, an employee will be paid 25% of all
accrued sick leave calculated at the employee’s then current rate of pay.

If the employee has 15 or more years of service they will be paid for the
accrued sick leave balance in their account, up to 720 hours (90 days).+

Ail employees covered under this Collective Bargaining Agreement may
maintain and contribute to a sick leave bank on a voluntary basis from
their unused sick leave credits.

A Sick Leave Bank Committee appointed by members of the Union shall
establish the rules and procedures of the sick leave bank.

A copy of the rules and procedures under which the sick leave bank
operates must be provided to the Chief of Police by the Union.

The Sick Leave Bank Article or the procedures and standards established
by the Sick Leave Bank Committee shall not be subject to the grievance
procedure.

21

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Board Of Aldermen - Agenda - 3/8/2022 - P256

Board Of Aldermen - Agenda - 3/8/2022 - P257

By dnadmin on Mon, 11/07/2022 - 07:41
Document Date
Fri, 03/04/2022 - 12:41
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 03/08/2022 - 00:00
Page Number
257
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__030820…

Definitions:

ARTICLE 18
BEREAVEMENT LEAVE

For the purposes of this Article:

A.

The term "bereavement leave" means "a leave of absence granted to an
employee upon a death occurring in the employee's Immediate Family".

The Chief's "designee" is the Deputy Chief of Operations or the Bureau
Commander. In the absence of the Deputy Chief of Operations or the
Bureau Commander, the Chief's designee may be the Divisional
Supervisor.

"Domestic partner" is defined as an individual:

1. Who had a long-term intimate relationship with an employee;

2. Who was living in the same household as the employee at the time
of death; and

3. With whom the employee had an intent to remain in a long-term
relationship.

Full-Time/Part- Time Employees:

BEREAVEMENT
LEAVE
A. 1 DAY LEAVE In the event of the death of an uncle, aunt,
niece, or nephew of the employee
B. 3 DAYS LEAVE In the event of a member of the immediate
family of the employee as defined below.
C. 4 DAYS LEAVE In the event of the member’s parent, step-
parent, spouse, child, or step-child.

Bereavement Leave Policies:

A.

Such leave shall normally commence upon the day following the death of
the immediate family member.

22

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Board Of Aldermen - Agenda - 3/8/2022 - P257

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