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RESOLUTION R-20-040

The Treasurer for the City of Nashua is hereby authorized to furnish such information
and take such other action as may be necessary to enable the City of Nashua to qualify for the
loan.

The Treasurer for the City of Nashua is hereby designated as authorized representative of
the City of Nashua for the purpose of furnishing such information, data and documents
pertaining to the City of Nashua for the loan as may be required, and otherwise to act as the
authorized representative of the City of Nashua in connection with this application.

RESOLVED FURTHER that the Mayor is authorized to enter into the required
contracts therefore as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

RESOLUTION:

PURPOSE:

ENDORSER(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-040

Authorizing the Mayor and City Treasurer to borrow from the
New Hampshire Department of Environmental Services State
Revolving Loan Fund an additional amount not to exceed two
million five hundred thousand dollars ($2,500,000) for pump
station upgrades

Mayor Jim Donchess

Budget Review Committee
Board of Public Works

It is anticipated that the additional loan ($2,500,000) will be
approved in FY 21 for a term of twenty years. It is estimated that
the interest rate will be approximately 2.0% and the total cost for
the loan will be approximately $3,025,000 including interest. The
average annual payment will be approximately $153,000 with the
beginning years at a higher amount.

ANALYSIS

This resolution authorizes the Mayor and the City Treasurer of the City of Nashua to borrow up
to $2,500,000 in additional funds from the State of New Hampshire Revolving Loan Fund to be
used for expenses related to completing the Pump Stations Upgrade Project.

Pursuant to Nashua City Charter §54-a, this Resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote for passage of this Resolution.

This legislation should be referred to the Board of Public Works.

Approved as to accountstructure, Financial Services Division

numbers, and amount:

Approved as to form:

By: /s/ David Fredette

Office of Corporation Counsel

By: /s/ Dorothy Clarke

Date: May 20, 2020

R-20-041

RESOLUTION

APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE
CITY OF NASHUA, NEW HAMPSHIRE AND LOCAL #789, INTERNATIONAL
ASSOCATION OF FIRE FIGHTERS FROM JULY 1, 2019 THROUGH JUNE 30, 2023
AND AUTHORIZING A RELATED TRANSFER AND SUPPLEMENTAL
APPROPRIATION

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached collective bargaining agreement between the Mayor and the Board of Fire
Commissioners of the City of Nashua, New Hampshire and Local #789, International Association
of Fire Fighters are approved. The collective bargaining agreement covers the period from July 1,
2019 through June 30, 2023.

In addition, this resolution authorizes the transfer of $438,725 from Department 194,
Contingency, Account #70150 “Contingency for Negotiations” into Department 152, Fire,
Account #51900 “Payroll Adjustments” for the purpose of funding FY2020 base salary
adjustments contained in the agreement.

In addition, this resolution supplementally appropriates $150,000 of Fiscal Year 2020
unassigned fund balance into Department 152, Fire, Account #51900 “Payroll Adjustments” for
the purpose of funding FY2020 base salary adjustments contained in the agreement.

LEGISLATIVE YEAR 2020
RESOLUTION: R-20-041

PURPOSE: Approving the cost items of a collective bargaining agreement
between the Mayor and the Board of Fire Commissioners and Local
#789, International Association of Fire Fighters from July 1, 2019
through June 30, 2023 and authorizing a related transfer and
supplemental appropriation

ENDORSER(S): Alderman-at-Large David C. Tencza
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: The cost analysis is attached. The use of the unassigned fund balance to
cover a deficit in an operating budget is unprecedented in the City of Nashua and Financial
Services does not recommend starting now. In consulting with the City’s Financial Advisor,
Hilltop Securities, their concern is the cost of the contract over the next two years as all
municipalities will have significant fiscal issues in FY2021 and FY2022 resulting from the
continuing COVID-19 Pandemic.

ANALYSIS

This resolution approves the cost items of a collective bargaining agreement between the Nashua
Board of Fire Commissioners and Local #789, International Association of Fire Fighters.

The Agreement has a term of four years, commencing on July 1, 2019 and expiring on June 30,
2023. The board of aldermen must vote whether or not to approve the cost items of this contract
within thirty days of receipt. RSA 273-A:3 II (c). The redlined copy of the CBA does not include
73 deleted pages of old salary grids that were part of Article 13 of the prior contract. The redlined
copy only includes the newly proposed salary grids, which are now appendices at the end of the
CBA.

The resolution also authorizes the transfer of funds from “Contingency for Negotiations” into
“Fire - Payroll Adjustments” to partially fund the FY2020 base salary adjustments contained in
the collective bargaining agreement. Charter Sec. 53 permits the Board of Aldermen to transfer
any unencumbered appropriation balance or any portion thereof from one department, fund or
agency to another. NRO § 5-130, H provides that “when proposed legislation to transfer or
reappropriate a particular appropriation or portion thereof has had its first reading, such funds
shall not be expended or transferred while the legislation is pending”.

This resolution also supplementally appropriates unassigned fund balance to fund the remainder
of the FY2020 base salary adjustments contained in the collective bargaining agreement. Charter
Sec. 53 permits specific non-budget, supplementary appropriations. There should be notice and
a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or amount
not in the mayor’s budget. A roll call is required under Charter Sec. 49.

RESOLUTION

Approved as to account
number and/or structure,
and amount:

Approved as to form:

R-20-041

Financial Services Division

By: /s/ John Griffin

Office of Corporation Counsel
By: /s/ Dorothy Clarke

Date: May 21, 2020

Base Calculations

Increases

over
Real Annual % Increase over Prior Year

Other Costs
Overtime -

Additional Hours
Team & Dive T
Certifications

Allowance (170 members additional

of Nashua

1

Educational Assistance (assumes $750 increase FY20) additional fixed amount of $1,000

thereafter)

over
over Prior Year

over
over Prior Year

FICA and Medicare (Blended)

over
over

Medical Insurance Costs 11.7% Inc
Dental Insurance Costs 0% Inc
Life Insurance Costs

over
over Prior Year

over
over Prior Year

Annual Total

Increase

Nashua Fire and Rescue Contract

99,040

527,864
254,900

142,996
673,630

102,000

260,949

731,095
180,447
436

5/19/2020-FY20 TO FY23 (14%) (3.5%3.5%3.5%3.5% with no change in Longevity) Fire costing Final 05_19_2020-Costing Sheet

3

180,447

25

7

1

63,664

4.04%

107,143

867
275,755

160.
715,800

110,500

21,750

5/19/2020

148,711 138,326

4.07%

116,196

1 530
299,055

182,467
776,589

110,500

23,750

306,015

3,401,871
1
27

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF FIRE
COMMISSIONERS OF THE CITY OF NASHUA, NEW HAMPSHIRE, AND
LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

JULY 1, 20152019 -- JUNE 30, 20192023

INDEX
ARTICLE # PAGE #

1 - PULPOSES 0000... cece cece ccc e cece tee ee ee teeeeeeetteeeeeeetaeeeeesttseeesentesesentniseeesees 1

2 - Bargaining Unit and Exclusions .0....00..00000cccccccc cece eeeseeeetteetetseetteenes 1

3 - Union Security ooo. cece cece cece cts e eee tecnee tite eciseecteesettisteieetsieees 2

4 - Management Rights 0.0.0.0... ccc cece cece eee cee ects eeeeteeeeettieeetseeteieenes 2

5 - Conformity with Laws, Charter and Rules and Regulations .................... 3

6 - Indemnification... ccc cece cece cece stent tcneeeisteeteceettestetssectieeneenees 3

7 - Union Business .....00.000c ccc cece cece ects cece te cee cbeeeetseeestecssetitteteeesseees 4

8 - Negotiations 200.0... cc cece ceee eect ecte tects ceeeeeseecssessecseetiseeteeesieees 4

9 - Disciplinary Procedures ......0..0.0000c ccc cece cece ccee cess eeeeteeeeesteeteteeteieeses 4
10 - Union Dues ooo... c cece tne ects e eee te cee cbeeeiseecsteesesteeteiseeesieeses 6
11 - Protection of City Property and Equipment .......000.000.000cccccecccseeeeeees 6
12 - Safety and Health oo... cece cee cee cree ects eeteteeseetereetseenieenes 6
13 - Salaries ooo. ccc cece cee een ee el eeeebe tebe de cee setetetstecteesettisetiieecieenes 9
14 - Hours Of Duty 0.000 ce etree cee ee ete erect eetitecteeteetieeieees 8612
15 - OVELIIME ooo ceeccececeescccccccececesserersceecceseusttttraseeececeesnettttiseeecerss $814
16 - SOMIOTILY o.oo cece cece cece cnet tcbe tet de ete tieeeetieetieetietiieniieees 9320
17 - Personnel Reductions and Recall .........0 ccc ccceceeeesecceeeeceesesetretees 9421
18 - Appointments, Promotions and Demotions ...........0...00.cc ccc 9322
19 - Grievance Procedure 2.0.0... ccceceecesccccececeseestrsseeeceecesevstttiseeeeerss 40532
20 - Paid Holidays ....0..000 ccc cece cece cere etee eens eecteeteetiseettectseeteeneey 10634
21 - Paid Vacations 2.0.0... cccccccccccececeescscecccecceceeeesseeececeesuvttttiseeeceeeesnnees 40735
22 - Paid Sick and Injury Leave oo... coc cette cet tetseeneenneey H439
23 - Bereavement Leave .ii........ cece cece cccecceececccecceuveueeeeeeceeseesaeunneeesss H745
24 - Personal Leave ......... ccc ccccccccececcescscceeceeccecetsesseeececeesevstttiseeeeeeeesenes H845
24A- Extended Leaves of AbDSenCe 0... ccececcesccccccceecevetttsseeeeeeseesenees H946
25 - Longevity Bonus Pay 2.0.0.0... ccc ccc etc ec tects tteeeetstetteeneeteey H947
26 - Clothing Allowance .....00.00 ccc cece cece ete ects tecteeneetteeenieees 42948
27 - LOSING ooo cece ccc cet c ect ec e tbe teti eects etettiteeiitettieeneeneey H49
28 - Military Duty Pay 00.0000. c cece eects tee tteteetitenteeneeneey 42249
29 - Jury Duty Pay... ccc cect cece eet eeeeeetseeeeesessseeeetieeesentneees 42249
30 - Pension and Retirement .........0.00 ccc ccccccccceceecesscceececeeceestttsseeeeeeseesenees 42250
31 - Educational Assistance .0........0.ccccccccccccecceceeeesceeececeesevstttsseeeeceveeennnes 42250
32 - TNSULANCE ooo cece cece cece ee ee ee eeecceseseuuuneeeeeeeesesseunaaneeeseceeeseenaened 42451
33 - Mileage oo... ccc ccc cece cele e ese cee tine tbtseecteetettireeistetieeteeneey 42754
34 - Working Out of Classification ......00.000c cocci cece eet eeteeneetees 42755
35 - Bulletin Boards ....0.0 ccc ccceccecccsccccccececseeessseececeesevstttseeeeeeeeeeenees 42855
36 - ASSIQNMEMMS 0000... coc cc cece eee e cee ceee cette e tects etiseeteteceeseieetieeteees +2855

37 - Residency oo... cece cece cee eebe eects cee ctiesetstecteetesteeeeteeetieeies B663

38 - Savings Clause ooo... ccc cc ccc c cee ete ce cesses cbeeeetstensteetestieeeieeesieees B64
39 - Duration and Effect .........c ccc cccececeecescecccecceceuserseeeceeceeesetttriveeeeeeeesennes 8664
Appendix A—FY 2020... 66
Appendix B—FY 2020. a ssasansaanansaasan sansa zaazazzaazazzaazazzaazazzaaaaz2/4
Appendix C—FY 2022... 82
Appendix D—FY 2023... 90
Appendix E— Hazmat Team Flow Chart... 98

il

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF
FIRE COMMISSIONERS OF THE CITY OF NASHUA,
AND LOCAL -789 INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS

| This is an agreement made this_—_—s day of
by and between the City of Nashua, New Hampshire, by its Mayor and the Board
of Fire Commissioners duly authorized, hereafter referred to as the "City" and
Local 789, Nashua, New Hampshire, International Association of Fire Fighters,
hereafter referred to as the “Union”.

In consideration of the mutual covenants herein set forth, the parties hereto agree
as follows:

Article 1 — PURPOSES

It 1s the purpose of this agreement to achieve and maintain harmonious relations
between the City and the Union; to provide for equitable and peaceful adjustment
of differences which may arise and to establish fair and equitable standards of
wages, hours and other conditions of employment, and to continue the existing
harmonious relationship between the Fire Department and its permanent
employees, and to promote the morale, equal nghts, well-being and security of the
Fire Department's permanent employees.

Article 2 - BARGAINING UNIT AND EXCLUSIONS

The City hereby recognizes the International Association of Fire Fighters, Local
#789, as the sole bargaining agent and sole and exclusive representative of all
employees of the Nashua Fire Rescue Department, with the exception of the Chief,
the Assistant Chief, the Deputy Chiefs, general maintenance person, and other
civilian personnel for the purpose of bargaining with respect to wages, hours of
duty and working conditions. Employees in the bargaining unit who perform
office work are not included in these exceptions. This agreement shall apply to all
bargaining unit employees of the Fire Department as defined above, with the
exception that probationary employees in Article 16 may not use the grievance
procedure in cases of termination or discipline.

Article 3 - UNION SECURITY

A. Subject to compliance with applicable law, for the term of this
agreement or any extension thereof, all employees who are Union members on the
date of the execution of this agreement or who shall thereafter join the Union
during the term of this agreement shall remain members of the Union in good
standing as to payment of dues as a condition of continued employment by the
City, providing that the Union shall set a 15 consecutive day period during the term
of this agreement during which such members shall be able to withdraw their
membership in writing.

B. — Subject to all compliance with all applicable law, all new employees
employed during the term of this agreement shall within nine (9) months after their
hire, become members of the Union and continue as such as a condition of
continued employment. However, any such employee who withdraws their
membership from the Union shall render to the Union a service fee commensurate
with their fair share apportionment for the cost of collective bargaining and the
administration of this collective bargaining agreement. Such service fee may be
deducted pursuant to the terms of Article 10 of this agreement.

C. The City agrees that it will not discriminate against, intimidate or
coerce any employee in the exercise of his/her rights to bargain collectively
through the Union or on account of membership in or activities on behalf of the
Union.

D. _ It is also agreed that factors such as sex, race, color, national origin,
religion, lawful political or employee's organization affiliation, age, marital status
or non-disqualifying handicap are not considerations in evaluating the
qualifications of an employee or prospective employee.

E. It is also agreed that the parties hereto ascribe to and support the
implementation of the City of Nashua's affirmative action program.

Article 4 - MANAGEMENT'S RIGHTS

Except as otherwise expressly and specifically provided in this agreement, the
Union recognizes and agrees that the supervision, management and control of the
City's business, operations, working force and plant are exclusively vested in the
management of the City. Without limiting the generality of the foregoing, the