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Implementation Process

In this section, Siemens describes our project approach to turnkey LED streetlight conversions, but first
we will specifically address the RFP question regarding “..the best process to implement the conversion
to maximize utility savings immediately.” We offer the following suggestions to the City, using our
Manchester/Eversource experience as a common reference point:

e Include Eversource staff at regular project meetings between Siemens and City staff to ensure
they are informed and participating in the process from audit to final punchlist phases;

e Require the field audit be conducted in 30 days or less. Siemens and CDM Smith have
completed audits at this rate (e.g., Manchester) so we are comfortable with such a specification;

e {Install and review the ten pilot installations during the field audit with the goal to have a City
decision on the 3000K vs. 4000K specification by the conclusion of the field audit. This will
enable fixtures to be ordered as soon as possible following the audit/reconciliation work;

e Specify a 1-2 week turnaround on the audit reconciliation with Eversource billing inventory;

e Require frequent submissions to Eversource during fixture installations. \|n Manchester, we
were required to submit billing adjustments weekly and we found that Eversource had difficulty
keeping up. We will submit adjustments at whatever interval Eversource and the City agree is
acceptable. Siemens carefully documented all submissions, providing the City with the ability to
pursue retroactive credits as appropriate; and
Prioritize the fixtures at the 95% confidence level. \f there are areas that require additional
photometric analysis or unique decorative fixtures, the City may consider authorizing “95% of
the project fixture order and return to the areas that require more study via a contract change
order. This avoids delaying 95% of the City’s potential savings for a small number of lights. The
utility incentive and/or project contingency funds are often used as a potential funding source
for these types of change orders.

Project Approach: LED Conversion

Each of the major project stages is summarized below in chronological order.

Audit

Siemens and CDM Smith will conduct a citywide field audit to reconcile the Eversource billing inventory
with the field inventory and work with the City to confirm the number and type of fixtures to be
included (which could include additional metered or unmetered outdoor lighting). We have proposed
the use of a GIS data collection method utilizing the services of CDM Smith to expedite the audit phase
and provide a web and map-based tool for the execution of the installation of the LED lighting and
future maintenance. The fundamental purpose of the audit is to provide the City with a detailed
financial analysis of the costs and benefits associated with the proposed LED retrofit project to justify
expending funds for this initiative versus other alternative energy efficiency projects. The audit
approach described in this section is based on our extensive experience with LED streetlight projects and
our history of street light maintenance and installation as an electrical contractor. A completed audit for
street lighting helps to provide the following:

e Baseline energy consumption data
e Accurate existing fixture counts for associated utility billing adjustments
e GlIS-based light location data

9225 Bee Cave Rd wow. siemens.usa.com
Building B, Ste 101 512-837-8000
Austin, TX 78733 Page 14

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ARTICLE 1; PREAMBLE/AGREEMENT

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 the "Commission"), and the-UAW.

Prefessional_Empleyees-ofH the Nashua-Roelice Depariment—Local#2322 UFPO Local 645 Professional

Employees of ihe Nashua Police Department, —the full and part-time professional, technical, and
supervisory civilians of the Nashua Police Department, as listed under the current PELRB Certification of
Representative, (hereinafter the "Union"), but excluding Mer#City of Nashua Unaffiliated Employees. Both
parties agree to be bound by the provisions of this Agreement.

ARTICLE 2: RECOGNITION

As defined in Article 1 above, the Commission recognizes, in accordance with RSA 273-A only, the Union
as the sole and exclusive representative for the included civilian employees of the Nashua Police
Department, excluding employees serving their initial probationary period as defined in Article 3 of this
contract, for the purposes of collective bargaining with respect to terms and conditions of employment as
defined under RSA 273-A:1, XI.

ARTICLE 3: DEFINITIONS

A. COMMISSION: The Nashua Board of Police Commissioners.
CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.

C. BOARD OF ALDERMEN: The legislative body of the City of Nashua that approves cost items (any
benefit acquired through collective bargaining).

D. DEPARTMENT: The Nashua, New Hampshire, Police Department.
CITY OF NASHUA: The City of Nashua, New Hampshire.

F, EMPLOYEE: As identified on State of NH, Public Employees Labor Relations Board's Certification
of Representative form in accordance with RSA 273-A, excluding -MertEmpleyees Unaffiliated
Employees .

G. GRIEVANCE: A written complaint signed by one or more employees and the Union, or the
Commission or Department 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.

|. MANAGEMENT: The Nashua Board of Police Commissioners, the Chief of Police, a Deputy Chief,
Bureau Commanders, or their designee.

J. PARTIES: The Commission; the Union.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.
L. UNION: UAW Professional Employees-ofthe Nashua Police Department Local 2232, UFPO Local
645 Professional Employees of Nashua Police Department

M. PROBATIONARY EMPLOYEE: An employee who has been hired, recently promoted, or
transferred and serving a six (6) month probationary period. The probationary period may be

extended another six months (one-year total probationary period) due to the performance of the
employee.

N. ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is considered essential at all times to
maintain the critical 24-hour operations of the Nashua Police Department as determined by the
Chief of Police or designee.

QO. NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is not normally essential to
maintain the 24-hour operations of the Nashua Police Department as determined by the Chief of
Police or designee; however, this condition may change due to emergencies that could occur.

P. PART-TIME EMPLOYEE: An employee whose normal work schedule is less than 35 hours per
week.

Q. FULL-TIME EMPLOYEE: An employee whose normal work schedule is 35 hours or more per
week,

R. FINANCIAL SERVICES DIVISION: A Division within the Nashua Police Department responsible
for the compensation of Department employees.

S. MERITCITY OF NASHUA UNAFFILIATED EMPLOYEE: A Nashua Police Department civilian
employee who is not covered under this Agreement or any other collective bargaining agreements.

T. DOMESTIC PARTNER: 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. (This definition only
pertains to Article 18 — “Bereavement Leave.”)

U. EXECUTION DATE: Is defined as the date when cost items contained within the tentative
Collective Bargaining Agreement are approved by the Board of Aldermen, and the Collective
Bargaining Agreement is signed by the parties.
V. GENDER: All references herein the Agreement referring to the masculine gender shall be
considered to include the feminine.

W. WORK DAY: Inthe case of paid leave, “work day" means the number of hours an employee works
on a regularly scheduled work day.

ARTICLE 4: STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provision 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: UNION MEMBERSHIP

A. According to RSA 275:1, “Union Membership,” no person shall coerce or compel, or attempt to
coerce or compel, any person into an Agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition or securing or continuing in any employment.
Membership in the Union is not compulsory. Employees may join or not, maintain, or resign
membership in the Union at their sole discretion. Nothing in this Agreement shall be construed to

6

require that any employee of the Department join the Union as a condition of being hired or retained
in employment.

B. Employees who are not members of the Union shall not be required to pay dues to the Union.
Neither the Union nor the Commission shall discriminate in favor of, or against, any employee by
reason of membership or non-membership in the Union.

C, The wages and benefits provided under this Agreement shall apply to all employees.

ARTICLE 6: UNION DUES

A. Written authorization: An employee, who is covered by this Agreement, may execute a written
authorization providing that a portion of their basic monthly wages be withheld weekly and
forwarded to the Union. Upon receipt of a properly executed Authorization and Assignment Form
from an employee, the Commission or appropriate designee shall notify the City of Nashua’s Chief
Financial Officer or appropriate designee to deduct from wages due, the amount authorized. A
copy of said form is attached as Appendix A.

B. Check for Dues Deducted: Each month, a check for the amount of all dues deducted, along with
a current list of bargaining unit members from whose wages dues deductions have been made,
shall be transmitted to the Treasurer of the Union. The Union will be responsible for providing a
current name and address to the City to whom the dues deductions should be transmitted.

C. Revocation of Authorization: An employee who executes such authorization form shall continue
to have such deductions made from his/her wages during the term of the Agreement or until he/she
notifies the Commission or designee in writing, with a copy to the Union, that the Authorization and
Assessment Form is being revoked, and the employee thus withdraws the authority for the
deduction of dues.

D. Dues Deductions: Dues deductions shall be subordinate to deductions required by law. No
deductions shall be made if an employee has insufficient wages in any pay period. Neither the
Commission, nor the City of Nashua, shall be responsible for deducting any arrearage in dues
owed to the Union by a member.

E. Termination of Deductions: Deductions shall automatically terminate upon the occurrence of any
of the following events:

1. Termination of employment;
2. ‘Transfer out of the bargaining unit;
3. Lay-off or reduction in force;

4. Revocation by the employee of Dues Deduction Authorization.

F. Indemnification: The Union shall indemnify and save harmless the Commission, the Nashua
Police Department, and the City of Nashua from any and all suits and damages arising out of, or in
connection with, such dues deductions. Should there be a dispute between an employee and the
Union over the matter of an employee’s Union membership, the Union agrees to hold the
Commission, the Nashua Police Department, and the City of Nashua harmiess in any such dispute.

ofthis Agreement the-Department-agrees_to-_deduct fram the pay of each
empleyee-voluntary centibutiens to LAW-V.CAP..provided-that each such employee executes
erhas-execuied ihe “Authorization for Assignmentand-Gheck-offof Contibutions te LAW
CAP“foomAppendh-Bi provided futher noweverthatibe Deparimentwil centinuete deduet
the-velunian-centibutionste UAW V CAP fram the pay ef eaeh empleyesterwhemitaas-on
file-an-unrevoked“Authorizatien fer Assignmentand Check-off of Contibutionsto LAW V-CAP*
form.

2,—_Deductions—shall-be—mado—oaly-in-accerdanse-with-the_ provisions of and in_ the ameunis
designatedin-said“Authorzation-forAssigamentandGheelcol-of _Contnbutions io LAMY.
CAP fommiegethemwith the provision otthis Adicle of the Agreement

4.—Deduotien shall be madepursuantiethe forms received by the Deparimentand fonvarded-to
the-City’s-Payrell-_Department,fromthe-ompleyee'sirstinion_dues_periad inthe first menth
eign iain al-albtinphebaieeaalateinat pe iaibealaht na

andthe date-oflast authorization-of these employees-_forwhem deductiens-nave-been-made-
The City further agrees-te-furnish- AW V-CAP with amonthl and -yearte-date-reper_ofteash
such employee's -dedustions._this infermation shall be furnished -when-aroemittanceistmade
on-aCD_fleppy-disk,or magnetic tape in ACSH or seme-cthercommen format conveniently
available te the-Gitys payralaccounting systems.

ses coat pene ion the-followine-informati hiy- basic:

ARTICLE 7: EMPLOYEE RIGHTS

It is agreed that the Commission and the Department will not:

1.

oN PF YH

Restrain, coerce, or otherwise interfere with its employees in the exercise of the rights
Dominate or interfere in the formation or administration of the Union;

Discriminate in the hiring or 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 under
RSA 273-A; and

Refuse to negotiate in good faith with the exclusive representative of the bargaining unit,
including the failure to submit to the legislative body any cost item agreed upon in negotiations;

Invoke a lockout;
Fail to comply with Chapter 273-A or any rule adopted under the Chapter;
Breach a collective bargaining agreement;

Make any law or regulation, or to adopt any rule relative to the terms and conditions of
employment that would invalidate any portion of the Agreement.

lt is the intention of the parties that this article provides that the Union shall enjoy all of the rights

secured to it by RSA 273-A only.

ARTICLE 8: MANAGEMENT RIGHTS

. The Commission and its designees shall have, whether exercised or not, all of the rights, powers,

and authority vested in it by virtue of the laws and the statutes of the Unites States and the State
of New Hampshire and the Nashua City Charter and ordinances, including, but not limited to, the
specific rights to:

1. Control the management and administration of the Nashua Police Department;

2. Hire, promote, transfer, assign, retain, lay off, and direct employees within the Nashua Police
Department;

3. Suspend, demote, discharge, and take other disciplinary actions against employees for just
cause;

4. Issue, modify, and enforce rules and regulations which do not expressly violate the terms of
this Agreement;

5. Determine the methods, means, and personnel by which Nashua Police Department
operations are to be conducted, as well as to determine those operations;

6. Determine the job classifications and compensation based on a system which classifies
positions based on the skill, effort, responsibility, and working conditions required;

7. Exercise complete control and discretion over the Nashua Police Department, its organization,
and the technology of performing its work;

8. Determine the standards of selection for employment and the standards of service to be offered
by the Nashua Police Department;

9. Exercise managerial policy as set forth in RSA 273-A:|, XI, and other pertinent laws.

None of the rights, responsibilities, and prerogatives that are delegated to the Commission by virtue
of statute and Charter provisions and ordinances shall be subject to the grievance procedure
hereunder.

. The foregoing Management Rights are set out for purposes of illustration and not limitation; the
Commission retains all such rights, powers, and authority not otherwise specifically relinquished,
restricted, or modified by the terms of this Agreement, whether exercised or not.

ARTICLE 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED

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A. Unfair Labor Practices: It is agreed that the exclusive representative of the bargaining unit will

not:

Restrain, coerce, or otherwise interfere with employees in the exercise of their rights under
Chapter 273-A;

Restrain, coerce, or otherwise interfere with the Commission in its selection of agents to
represent it in collective bargaining negotiations or the settlement of grievances;

Cause or attempt to cause the Commission or the Department to discriminate against an
employee in violation of RSA 273-A:5, | (c), or to discriminate against any employee whose
membership in the bargaining unit has been denied or terminated for reasons other than failure
to pay membership dues;

Refuse to negotiate in good faith with the Commission;

Engage in a strike or other form of job action;

Breach a collective bargaining agreement;

Fail to comply with Chapter 273-A or any rule adopted under that Chapter.

The Union shall not instigate, sponsor, or encourage any activity or action in contravention of
the provisions or intent of this Article.

B. Strikes Prohibited:

Strikes and other forms of job action by employees are hereby declared to be unlawful. No
employee shall, alone or in concert, engage in, initiate, sponsor, support or direct a strike, work
stoppage, or refuse in the course of employment to perform assigned duties; or withhold, curtail
or restrict services or otherwise interfere with the operations of the Department or encourage
others to do so; or engage, or participate in any other form of job action.

The Commission or the Department shall be entitled to petition the superior court for a
temporary restraining order, pending a final order of the PELRB under RSA 273-A:‘6 for a strike
or other form of job action in violation of the provisions of Chapter 273 and may be awarded
costs and reasonable legal fees at the discretion of the court.

1h

ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS COLLECTIVE
BARGAINING MEETINGS

The Department shall give representatives of the bargaining unit a reasonable opportunity to meet with the
employer or the employer's representatives during working hours without loss of compensation or benefits
[RSA 273-A:11, Il]. However, so as not to interfere with an employee's job responsibilities that are crucial
to critical Department operations, the following restrictions will apply unless otherwise instructed by the
Chief of Police or the Deputy Chief of Operations. Previously scheduled negotiations sessions may need
to be rescheduled due to a specific situation.

A. No more than three (3) representatives of the Union shall be designated to attend collective
bargaining meetings with the Commission or its representatives.

B. No essential employee, as defined under Article 3, entitled, “Definitions,” shall attend negotiating
meetings who is normally scheduled for duty during the time the meeting is being held.

G—_Nemerethantwe 12} such representatives attending negetiating meciings-shallbe- employees whe
are normally-scheduled forduty during the time the-meating is being held.

B_No-peredhan-one-} Unica +epresentative- attending negotiation meetings shall be-an-_empleyee
whe-is-nermally_scheduied-forduty during thetime the _meeting-is—being held_in the same

EC. If there is only (1) employee who works in a bureau/division or the position is vital to
Department operations due to emergency or critical situations, that employee shall not attend the
negotiation meeting until the condition no longer exists.

Distribution of Agreement to Employees:

A. Upon final execution of this Agreement, to include the proofreading of the final original documents,
three (3 originals will be provided as follows: 1 for the Commission; 1 for the Union; and 1 for the
Nashua City Clerk). The Commission,_or_its designee, shall print-and—distribute_updated
agreements via e-mail ter-distribute-via-e-mail},- and post updated agreements on the NPD Public
Drive aninitial cepy of this Agreementio-all-empleyees within 30 days.

B. The City’s Legal Department (Office of the Corporation Counsel) shall be responsible for complying
with the legal obligation under RSA 273-A:16, whereby a copy of the Agreement reached as a

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”