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4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense
and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER EIGHT HUNDRED FIFTY dollars ($850) for each
calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 4.02 for completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER EIGHT HUNDRED FIFTY dollars ($850) for each
calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until
the Work is completed and ready for final payment.

B. In the event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount within
thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of the assessed
liquidated damages from the final payment or retention withheld pursuant to Article 14 of the General Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in accordance with
the Contract Documents, the Contract Sum of:

Three Hundred Seventy Three Thousand Seven Hundred and Fifty Dollars ($373,750)

The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work
determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately
identified item of Unit Price Work times the estimated quantity of that item, as indicated in the attached Schedule of
Values;

B. as provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and

determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the
General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

B. Application for Payment performed under this agreement shall be submitted as follows:
> Electronically via email to VendorAPInvoices@NashuaNH.gov
OR

AG -2 of 6

1. Throughout the year, for personnel coming off a shift and/or having a group
number change, the process of initiating them into the upcoming shift period will
require that they be phased in upon returning from their days off. Therefore,
some officers will not actually change shifts/group numbers until after the date
noted on the personnel order.

2. After all bid selections have been made, employees may be reassigned so as to
insure that each shift has a sufficient amount of coverage (distribution of patrol
personnel based on current workload demands) and to assure that the number of
sectors on each shift is proportionate to the workload occurring on each shift.

3. Such reassignments shall be made on the basis of inverse Department seniority;
i.e., the least senior employee shall be the first employee to be reassigned. The
particular shift to which an experienced employee is assigned shall be
determined by Department Management; however, consideration may be given
to employee preference. There will be a minimum of six (6) experienced
employees per shift.

For purposes of this Article, the words “experienced employees” mean employees who have
completed two full years within the Department.

4. Employees transferring into the Uniform Field Operations Bureau shall be
assigned at the discretion of the Chief for the balance of the current quarterly
period during the shift-bidding year. They will be afforded the opportunity to bid
for the balance of the shift-bidding year, based upon their Department seniority.
Such requests shall be submitted a minimum of two weeks prior to the next
schedule of assignments effective date. However, such reassignment shall be
subject to the requirements of the Department and approved by the Chief.

5. As openings occur on any shift, employees may apply, in writing and submitted a
minimum of two weeks prior to the next schedule of assignments effective date,
for such openings based upon their Department seniority. However, such
reassignment shall be subject to the requirements of the Department, approved
by the Chief, and shall be effected no later than the quarterly shift date.

Cc. Employees may be temporarily assigned to any shift in order to meet Department
requirements. Such temporary assignments normally shall not exceed a period of six (6)
months. Effective January 2, 2004, this period shall change to 3-months to coincide with
the quarterly shifts.

D. As a result of shift bidding, it may be necessary for the Department to assign new day-off
group numbers for each quarterly period.

E. Employees transferred out of the Uniform Field Operations Bureau shall no longer
participate in the shift- bidding program.

F. Probationary employees shall be assigned at the discretion of the Chief during the
training and probationary period and for the balance of the current quarterly period during
the shift bidding year. They will be afforded the opportunity to bid for the balance of the
shift-bidding year based upon their Department seniority. Such requests shall be
submitted a minimum of two weeks prior to the next schedule of assignments effective
date. However, such reassignment shall be subject to the requirements of the
Department and approved by the Chief.

G. it is further understood that nothing herein shall serve, or be construed as limiting the
discretion and authority of the Chief of Police to assign or reassign any employee
according to the needs of the Department.

It is understood by all parties that the Shift Bidding System shall not otherwise constitute a waiver
of management's right to determine and assign shifts according to the needs of the Department
and the judgment of management.

ARTICLE 36
MILITARY LEAVE OF ABSENCE

An employee who voluntarily or involuntarily enters into the Armed Forces is entitled to a leave of
absence for the anticipated length of enlistment. The employee upon discharge is entitled to
reinstatement to his or her previous position or a position of like status. Employees called to
serve in the National Guard or Armed Forces Reserve are entitled to seventeen (17) consecutive
days of paid leave of absence per Federal fiscal year (October 15! through September 30. The
employee will be required to submit verification of leave orders as evidence of the amount of pay
received. A decision was made to treat all reservists equally, and any reservist called into active
duty will be eligible for the following benefits:

A. Compensation Guidelines: The City will pay the difference of whatever military
compensation is paid to each reservist, provided it does not exceed 100% of one’s
monthly employment compensation, during all succeeding months up to five years that
the employee may be on active duty. This includes weekend training, annual training.
and active duty. Compensation will be made on a weekly basis.

B. Health & Dental Insurance Premiums: The City and the employee will continue to pay
their respective share of health and dental insurance premiums associated with their
respective plans up to five years, if employee chooses.

C. Seniority Riahts: The employee will maintain seniority rights up to a maximum of five
years.

D. NH Retirement Svstem:

1. If a member leaves NHRS- covered employment to enter directly into the United
States Armed Forces and returns to NHRS- covered employment within one year
following termination of active military duty, a member may receive credit for up to
three years at no cost.

2. The City and the employee will continue to pay their respective share to the
employee's retirement plan if necessary.

E. Accrual of Vacation Leave: The employee will continue to accumulate all vacation and
sick time on a monthly basis as set forth by the CBA.

F. Reporting Back to Work/Discharges: Employees will be required to report back to
work in accordance with USERRA: Section 4312 (e). Anyone discharged under the
provisions of USERRA: Section 4304 will be disqualified from receiving all the above
stated benefits.

G. Re-Empltovment Benefits: Employees will be entitled to re-employment benefits in
accordance with the provisions of USERRA: Section 4312 and 4313

ARTICLE 37
TERM OF AGREEMENT

This Agreement shall remain in full force and effect from midnight, July 1, 2022, until midnight,
June 30, 2026.

Any party intending to alter or modify this Agreement or negotiate a successor agreement hereto,
shall give notice to the other party of such intention at least one hundred and twenty (120) days
prior to the expiration date hereof, after which the parties shall forthwith arrange to commence
collective bargaining negotiations.

Notwithstanding the foregoing, this Agreement shall remain in full force and effect until
superseded by a successor agreement.

This Agreement is dated

NASHUA POLICE COMMISSION NASHUA PATROLMEN’S ASSOCIATION

WITNESSES: WITNESSES:

COLLECTIVE BARGAINING
AGREEMENT

BETWEEN
NASHUA POLICE COMMISSION
AND

NASHUA POLICE PATROLMAN'S
ASSOCIATION

July 1, 2048-2022 - June 30, 20222026

TABLE OF CONTENTS

ARTICLE

TITLE OF ARTICLE

PAGE

Preamble

Recognition

Definitions

Stability of Agreement

Deduction of Dues

Employee Rights

Management Rights

Open Shop

Strikes & Work Stoppages

Grievance Procedure

Residence

Vacations

Longevity

Holidays

Uniform Allowance

Wellness Reimbursement Allowance

Wellness Incentive

Medical/Hospital, Life, & Dental Insurance

Sick Leave

Bereavement Leave

Emergency Leave

Personal Days

Exchange of Workdays

Shift Exchanges

Wages

Work Schedules

‘Overtime

Court Time

Outside Details

Bulletin Boards

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Partial Invalidity and Separability

30 Educational Benefits/Educational Incentive
31 Waiver
32 Collective Bargaining Meetings and Contracts
33 Time Coming _
34 Long-Term Disability Coverage
35 Shift Bid System
36 Military Leave of Absence
3637 Term of Agreement

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ARTICLE 1
PREAMBLE

Pursuant to New Hampshire RSA 273-A, and other applicable laws and statutes, this Agreement
has been entered into by the Nashua Board of Police Commissioners, hereinafter referred to as
the "Commission" and the Nashua Police Patrolman's Association, hereinafter referred to as the
"Union." Both parties agree to be bound by the provisions of this Agreement.

NOTE: All references herein to the masculine gender shall be construed to include the feminine,
and all singular to include the plural.

ARTICLE 2
RECOGNITION

The Commission recognizes the Union as the sole and exclusive representative for full-time and
part-time employees of the Nashua Police Department, as defined in Article 3 of this contract, for
the purposes of collective bargaining with respect to wages, hours, and other terms and
conditions of employment.

Nothing in this Agreement shall be construed as a waiver of the Union's right to collectively

bargain over any changes in mandatory negotiable wages, hours, or other terms or conditions of
employment.

ARTICLE 3
DEFINITIONS

A. BOARD OF POLICE COMMISSIONERS: Police Commissioners appointed in
accordance with Chapter 3, Section A-101, of the Nashua Revised ordinances.

CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.
CITY: The City of Nashua, New Hampshire.

COMMISSION: The Nashua Board of Police Commissioners.

mo Oo ®f

DEPARTMENT: The Nashua, New Hampshire, Police Department and its staff members
to include the Chief of Police, the Deputy Chiefs, the Bureau Commanders, and other
supervisory/ administrative positions that hold the rank of Captain or above.

F. EMPLOYEE: All full-time police officers below the rank of Sergeant who have completed
their probationary period of one year with the Department.

G. GRIEVANCE: A written complaint signed by one or more employees or the Union, or the
Commission, which alleges a violation, misinterpretation or misapplication of any
grievable provision of this Agreement.

H. GRIEVANT: The person or party filing and signing the grievance.

I. MANAGEMENT: The Commission; the Chief of Police; the Deputy Chiefs; or, the Bureau
Commanders.

J. PARTIES: The Commission; the Union.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.

L. SENIORITY: Established first by date of certification as Master Patrol Officer, then by
date of hire.
M. UNION: Nashua Police Patrolman's Association.

PART-TIME POLICE OFFICER: A police officer who:

1. Works 34 hours or less a week and does not contribute toward the NH
Retirement System;

2. Is assigned to work a technical or specialty position within the Department;

3. Does not perform any normal patrol police function except for their assigned
specialty/technical position; and

4. Meets training or other requirements as outlined by the NH Police Standards &
Training Council, applicable CALEA and/or State Accreditation Standards, and
the Department.

ARTICLE 4
STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provisions of this Agreement shall
bind the Commission or the Union unless made and executed in writing and signed by an
authorized representative of each party.

ARTICLE 5
DEDUCTION OF DUES

A. An employee, who is or who may become a member of the Union, may execute a written
authorization providing that a portion of Kie—-theirsalary representing monthly dues be
withheld weekly and forwarded to the Union.

B. Upon receiving a properly executed Authorization and Assignment Form from an
employee, the Commission shall cause the City Comptroller to deduct from salary due,
the amount authorized.

1. Each month, a check for the amount of all dues deducted, along with a current
list of members from whose salary dues deductions have been made, shall be
transmitted to the Local Treasurer of the Union as follows: Comptroller - Nashua
Police Patrolman's Association, P.O. Box 3783, Nashua, NH 03061-3783.

2. The deduction shall be only in the amount, certified in writing by the President or
the Treasurer of the Union, as representing monthly dues uniformly required as a
condition of acquiring or retaining membership.

C. An employee who executes such authorization form shall continue to have such
deductions made from—Hie—_theirsalary during the term of the Agreement or until he

notifies the Commission in writing, with a copy to the Union, that the Authorization and
Assignment Form is being revoked, and the employee thus withdraws the authority for
the deduction of dues. Dues deductions shall be made without cost to the employee or
the Union.

Dues deductions shall be subordinate to deductions required by law. No deductions shall
be made if an employee has insufficient salary in any pay period. The Commission shall
not be responsible for deducting any arrearage in dues owed to the Union by a member.

Deductions shall automatically terminate upon the occurrence of any of the following

events:

1.

2.

3.

4.

Termination of employment;
Transfer out of the bargaining unit;
Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

The Union shall indemnify and save harmless the Commission, the Department, and from
any and all suits and damages arising out of, or in connection with, such dues
deductions.

ARTICLE 6
EMPLOYEE RIGHTS

It is agreed that neither the Commission, nor the Department will:

1.

2.

Dominate or interfere in the formation or administration of the Union;

Discriminate in the hire, tenure, or the terms and conditions of employment of
employees, for the purpose of encouraging or discouraging membership in the
Union;

Discharge, suspend, discipline, or otherwise discriminate against any employee
because the employee has filed a complaint, affidavit, or petition, or given
information or testimony on a grievance, as set forth in RSA 273-A;

Restrain, coerce, or otherwise interfere with the Union in the exercise of rights
granted by statute or this Agreement.

During the disciplinary process, the following will apply:

1,

2.

To be disciplined for just cause only.

To determine if a hearing will be a public or nonpublic session in accordance with
RSA 91-A:3, il-(a);

To be notified that a documented complaint has been received from a citizen
against an employee, unless said notification would directly interfere with an on-
going investigation conducted by the Nashua Police Department.

4. A police officer, being interviewed where discipline could result or at a
meeting/hearing concerning pending discipline, will be afforded one
representative from the Collective Bargaining Unit only as it pertains to the below
listed procedures under NLRB v. Weingarten:

> The employee must reasonably believe that the interview will result in
disciplinary action.

> The employee must request such representation.

> The exercise of the right to representation cannot unduly interfere with
legitimate needs of the employer.

5. During an investigation conducted by the Nashua Police Department of an
offense committed which could result in criminal proceedings, administrative
rights may be provided to the police officer. The administrative rights as outlined
under Garrity v. New Jersey are to:

>» Advise the officer that the answers to the questions will not be used against
the officer in criminal proceedings.

> Order the officer to answer the questions under threat of disciplinary action;
and

> Ask questions which are specifically, directly, and narrowly related to the
officer's duties or the officer's fitness for duty.

6. As outlined under Cleveland Board of Education v. Loudermiilt, prior to discipline
being imposed (pre-disciplinary hearing/meeting), a police officer is entitled to
receive:

>» Awritten notice of the charge(s);

> Agist of the allegations;

> Possible disciplinary action(s) to be taken; and
> An opportunity to be heard.

7. For post-disciplinary hearings, an employee is entitled to receive copies, in total,
of the documentation supporting the punitive disciplinary action(s).

8. Interviews and investigations conducted by the Nashua Police Department shall
be concluded with no unreasonable delay. The employee shall be advised either
in writing or verbally of the results of the completed, documented Nashua Police
Department investigation.

9. When the Nashua Police Department conducts an investigation, during the
interview of any employee it shall be at a reasonable hour, preferably when the
employee is on duty, unless exigency of the interview dictates otherwise.

The Department maintains a purging system for official personnel files as follows:

1. The respective officer may request a review of stale disciplinary documentation in
his/her personnel file as outlined below: