Search

SIDEBAR AGREEMENT
TO THE
JULY 1, 2018 THROUGH JUNE 30, 2022
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NASHUA POLICE COMMISSION
AND
NASHUA POLICE PATROLMAN’S ASSOCIATION

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

Establishing Article 15B, Wellness Incentive Program: To read,

In accordance with S.O.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.

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 {

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

MATERIAL HANDLING SALES, INC

NAME AND TITLE OF INDEPENDENT CONTRACTOR

20 DOWNEAST DRIVE, YARMOUTH ME 04096

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1, DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2, WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and

required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

AG 1o0f3

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,

-|-

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.