Loading...
TR-2016-69 UNIONS - �oi� -��i ��, �s f T• AvvM TR-2016-69 A RESOLUTION TO APPROPRIATE FUNDS FOR AGAWAM POLICE SUPERVISORS ASSOCIATION,AGAWAM CLERICAL EMPLOYEE'S ASSOCIATION,AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION,AGAWAM POLICE PATROLMAN'S ASSOCIATION,AGAWAM BUILDING MAINTENANCE ASSOCIATION,AGAWAM ADMINISTRATIVE UNION,AFL-CIO, LOCAL 1973, FIREFIGHTERS ASSOCIATION (SPONSORED BY Mayor Richard Cohen) WHEREAS,the Town of Agawam has negotiated Collective Bargaining Agreements with the following bargaining units within the Town of Agawam: AGAWAM POLICE SUPERVISORS ASSOCIATION,AGAWAM CLERICAL EMPLOYEE'S ASSOCIATION,AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION,AGAWAM POLICE PATROLMAN'S ASSOCIATION,AGAWAM BUILDING MAINTENANCE ASSOCIATION,AGAWAM ADMINISTRATIVE UNION,and AFL-CIO,LOCAL 1973, FIREFIGHTERS ASSOCIATION; WHEREAS,the Town and Employee Unions have executed Settlement Agreements with the bargaining units;and WHEREAS,that Settlement Agreements have been ratified and executed by the Union;and WHEREAS,the Settlement Agreements provide for increases as follows: a. Effective July 1,2016-2%,FY2017 b. Effective July 1,2017-2%, FY 2018 C. Effective July 1,2019-2%, FY 2019,and WHEREAS, pursuant to Massachusetts General Law Chapter 150E,Section 7,the Agawam City Council must appropriate necessary funds;and WHEREAS,it is in the best interest of the town of Agawam to appropriate the necessary funding. NOW THEREFORE, BE IT RESOLVED BYTHE AGAWAM CITY COUNCIL that the Agawam City Council hereby approves necessary funds to fund the first year of said Agreements,said amount being$397,303. DATED THIS DAY OF December,2016. Ctf-- I f s 7.?L PER ORDER OF THE AGAWAM CITY COUNCIL e, coQfi[.(l CC- au d,r tvr- e e-- Ty1f surer' Ja es P.Cichetti,President — APPROVED AS TO FORM AND LEGALITY Patrick M.Toney,City Solicitor MAYORAL ACTION Received this yv —dayofTumhr , 2016 from Council Clerk. Signed by Council President this_ (� day of 2016 APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga am,�harter, as amended, I eby approve the passage of the above legislation on this day of 2016. Oe 12Z�,w ZZ-,� Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, l hereby veto the passage of the above legislation on this day of , 2016 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this 0 day of 2016. TR-2016-69 A RESOLUTION TO APPROPRIATE FUNDS FOR AGAWAM POLICE SUPERVISORS ASSOCIATION, AGAWAM CLERICAL EMPLOYEE'S ASSOCIATION,AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION,AGAWAM POLICE PATROLMAN'S ASSOCIATION,AGAWAM BUILDING MAINTENANCE ASSOCIATION,AGAWAM ADMINISTRATIVE UNION, AFL-CIO, LOCAL 1973, FIREFIGHTERS ASSOCIATION (SPONSORED BY Mayor Richard Cohen) WHEREAS,the Town of Agawam has negotiated Collective Bargaining Agreements with the following bargaining units within the Town of Agawam: AGAWAM POLICE SUPERVISORS ASSOCIATION, AGAWAM CLERICAL EMPLOYEE'S ASSOCIATION,AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION, AGAWAM POLICE PATROLMAN'S ASSOCIATION,AGAWAM BUILDING MAINTENANCE ASSOCIATION,AGAWAM ADMINISTRATIVE UNION, and AFL-CIO, LOCAL 1973, FIREFIGHTERS ASSOCIATION; WHEREAS, the Town and Employee Unions have executed Settlement Agreements with the bargaining units; and WHEREAS,that Settlement Agreements have been ratified and executed by the Union; and WHEREAS,the Settlement Agreements provide for increases as follows: a. Effective July 1, 2016-2%, FY2016 b. Effective July 1, 2017—2%, FY 2017 C. Effective July 1, 2018—2%, FY 2018, and WHEREAS, pursuant to Massachusetts General Law Chapter 150E,Section 7,the Agawam City Council must appropriate necessary funds; and WHEREAS, it is in the best interest of the Town of Agawam to appropriate the necessary funding. NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Agawam City Council hereby approves necessary funds to fund the first year of said Agreements, said amount being $397,303.00. DATED THIS DAY OF December, 2016. PER ORDER OF THE AGAWAM CITY COUNCIL Jaynes P. Cichetti, President APPROVED AS TO FORM AND LEGALITY Patrick M.Toney, City Solicitor ' Transfer From Salary Reserve Account 16605 57350$397,303 Or& Ob ecZ t _Account Name Amount 11111 51010 Council Regular Permanent $^ 901.00 11211 51010 Mayor Regular Permanent $ 5,706.00 11221 51010 Admin Regular Permanent $ 1,458.00 11341 51010 Auditor Regular Permanent $ 3,464.00 11611 51010 Clerk Regular Permanent $ 3,379.00 11371 51010 Assessor Regular Permanent $ 3,676.00 11541 51010 IT Regular Permanent $ 3,380.00 11381 51010 Treasurer Collector Regular Permanent $ 7,754.00 12101 51010 Police Regular Permanent $ 133,203.00 12101 51020 Police Regular Temporary $ 620.00 12101 51030 Police Overtime $ 14,600.00 12101 51080 Police Court Time $ 4,200.00 12201 51010 Fire Regular Permanent $ 60,701.00 12201 51020 Fire Regular Temporary $ 1,040.00 12201 51030 Fire Overtime $ 7,900.00 12201 51050 Fire Holiday $ 3,344.00 12501 51010 Inspection Services Regular Permanent $ 5,577.00 15101 51010 Health Regular Permanent $ 2,594.00 11801 51010 Community Development Regular Permanent $ 3,287.00 16101 51010 Library Regular Permanent $ 18,067.00 16201 51010 Park& Rec Regular Permanent $ 2,561.00 15411 51010 Council on Aging Regular Permanent $ 5,054.00 14001 51010 Public Works Admin Regular Permanent $ 6,093.00 14201 51010 Highway Regular Permanent $ 25,465.00 14201 51020 Highway Regular Temporary $ 1,194.00 14201 51030 Highway Overtime $ 1,588.00 14201 51031 Highway Snow and Ice Overtime $ 1,900.00 14901 51010 Motor Vehicle Regular Permanent $ 3,245.00 14901 51030 Motor Vehicle Overtime $ 134.00 14101 51010 Engineering Regular Permanent $ 6,688.00 14101 51030 Engineering Overtime $ 40.00 11921 51010 Building Maintenance Regular Permanent $ 42,090.00 11921 51020 Building Maintenance Regular Temporary $ 500.00 11921 51030 Building Maintenance Overtime $ 1,600.00 16603 57040 Medicare Insurance $ 14,300.00 $ 397,303.00 From Golf Retained Earnings: ^65261 51010 Golf Regular Permanent S 3,965.00 65261 51030 Golf Overtime $ 220.00 $ 4,185.00 From Water Retained Earnings: 60141 51010 Water Regular Permanent $ 12,937.00 60141 51020 Water Regular Temporary $ 440.00 60141 51030 Water Overtime $ 1,215.00 $ 14,592.00 From Wastewater Retained Earnings: 22541 51010 Wastewater Regular Permanent $ 6,569.00 22541 51020 Wastewater Regular Temporary $ 125.00 22541 51030 Wastewater Overtime $ 700.00 $ 7,394.00 Exhibit C Salary Schedule Effective pate July 1,2016 Tier Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 TIER A 106,337.09 109,064.50 110,345.41 114,758.95 117,741.43 121,273.83 124,912.21 128,658,81 TIER 1 90,423.13 93,591.12 96,398.05 98,181.34 102,266.94 105,334.46 108,494.73 111,749.97 TIER 1A 82,267.40 84,737.52 87,277.22 89,897.53 92,591.82 95,370.01 98,231.04 101,179.30 TIER 2 73,672.17 75,882.81 78,160.82 80,507.27 92,921.09 95,410.00 87,971.77 90,610.84 I TIER 2 DPW HRLY 73,672.17 75,892.81 78,160.82 80,507.27 82,921.09 85,410.00 87,971.77 90,610,84 TIER 2A 67,533.84 69,563.39 71,223.03 73,798.07 76,013.11 78,293.32 90,640.98 83,060.21 TIER 3 61,393.29 63,236.23 65,133.28 67,085.53 69,101.84 71,174.44 73,310.00 75,508,49 TIER 3 DPW HRLY 61,393.29 63,236.23 65,133.28 67,085.53 69,101.84 71,174.44 73,310.00 75,508.49 TIER 4 54,030.38 55,645.86 57,317.64 59,034.69 60,809.17 62,633.33 64,512.71 66,448,40 TIER 4 DPW HRLY 54,030.38 55,645.86 57,317.64 59,034.69 60,808.05 62,632.22 64,511.60 66,44620 Ti k 5 44,206.18 45,530.14 46,89494 48,303.92 49,752.64 51,245.54 52,782.61 54,366.08 TIER 5 DPW HRLY 44,206.18 45,530.14 46,894.94 48,303.92 49,752.64 51,245.54 52,782.61 54,366.08 PART TIME 8,486.40 Exhibit C Salary Schedule Effective Date July 1,2017 Tier Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 TIER A 108,463.83 111,245.79 112,552.32 117,054.13 120,096.26 123,699.31 127,410.45 131,231.99 TIER 1 92,23159 95,462.94 98,326.01 100,144.97 I04,312.28 107,441,15 110,664,62 113,98497 TIER IA 83,912.75 86,432.27 89,022.76 9I,695.48 94,443.66 97,277.41 100,195.66 103,202.89 TIER 2 75,145.61 77,400.47 79,724.04 82,117.42 94,579.51 87,118.20 89,731.21 92,423.06 TIER DPW HRLY 75,145.6I 77,400.47 79,724.04 82,117.42 84,579.51 87,118.20 89,731.21 92,423.06 TIER 2A 68,884.52 70,954.66 72,647.49 75,274.03 77,533.37 79,859.19 82,253.70 84,721.41 3 TIER 3 62,621.16 64,500.95 66,435.95 68,427.24 70,483.89 72,597,93 74,776.20 77,018.66 TIER 3 DPW HRLY 62,621,16 64,500.95 66,435.95 68,427.24 70,483.88 72,597.93 74,776.20 77,018.66 TIER 55,110.99 56,758.78 58,463.99 60,215.38 62,025.35 63,886.00 65,802.96 67,777.37 TIER 4 DPW HRLY 55,110.99 56,758.78 58,463.99 60,215.38 62,024.21 63,884.86 65,801.83 67,775.12 TIER 5 45,090.30 46,440.74 47,832.84 49,270.00 50,747.69 52,270.45 53,838.26 55,453.40 TIER 5 DPW HRLY 45,090.30 46,440.74 47,832.84 49,270.00 50,747.69 52,270.45 53,938.26 55,453.40 PART TIME 8,656.13 Exhibit C Salary Schedule Effective Date July I,2018 Tier Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 TIER A 110,633.11 113,470.71 114,803.37 119,395,21 122,498.19 126,I73.30 129,958.66 133.856.63 TIER 1 94,076.22 97,372.20 100,292.53 102,147.87 106,398.53 109,589.97 112,877.91 116,264.67 TIER lA 85,591.01 $8,I60.92 90,803.22 93,529.39 96,332.53 99,222.96 102,199.57 105,266.95 TIER 2 76,648.52 78,948.48 81,318.52 83,759.77 86,271.10 88,860.56 91,525.83 94,271.52 TIER 2 DPW HRLY 76,648.52 78,948.48 81,318.52 83,759.77 86,271.10 88,860.56 91,525.83 94,271.52 TIER 2A 70,262.21 72,373,75 74,100.44 76,779.51 79,084,04 81,456.37 $3,898.77 86,415.84 TIER 3 63,873.58 65,790.97 67,764.67 69,795.78 71,893.56 74,049.89 76,27I.72 78,559.03 TIER 3 DPW HRLY 63,873.58 65,790.97 67,764.67 69,795.78 71,893.56 74,049.89 76,271.72 78,559.03 TIER 4 56,213.21 57,893.96 59,633.27 61,419,69 63,265.86 65,t63.72 67.119.02 69,132.92 TIER DPW HRLY 56,213.21 57,893.96 59,633.27 61,419.69 63,264.69 65,162.56 67,117.87 69.130.62 TIER 5 45,992.11 47,369.55 48,789.50 50,255.40 51,762.64 53,315.86 54,915.03 56,562.47 TIER 5 DPW HRLY 45,492.11 47,369.55 48,789.50 54,2554 0 51,762.64 53,315.86 54,915.03 56,562.47 PART TIME 8,829.27 EXHIBIT D AGAWAM ADMINISTRATIVE UNION Annual Stipends Tree Warden (Superintendent of Public Works) $ 3,000.00 City Electrician (Director of Building Maintenance) $ 3,000.00 Voting Machine Supervisor $ 3,000.00 $ 5,000.00 Municipal Hearing Officer (Pursuant to MGL c. 148A) SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM ADMINISTRATIVE UNION The Town of Agawam and the Agawam Administrative Union hereby agree to the following terms, conditions, and understandings to be incorporated into the successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 17—Vacation Leave: In the second paragraph, reword the second sentence to read as follows: "In addition to the vacation leave stated above, Department Heads as herein designated shall be credited with an additional five (5) days of vacation leave per calendar year upon completion of more than one year of service." 2. Article 19— Sick Leave: Replace the fifth paragraph with the following: "To the extent required by law, employees are eligible for leave under the Massachusetts Parental Leave Act, the Domestic Violence Leave Act, and the Small Necessities Leave Act. This provision does not affect employees' rights to use available paid leave, if applicable." 3. Article 22—Uniform Allowance: a. Add the Electrical Inspector to the first paragraph. b. Add the following to the second paragraph: "The uniform allowance shall be prorated for part-time employees." 4. Article 24—Rates of Pay, Overtime & Call Back Pay: Add a new section to read as follows: "Employees are required to receive their compensation through direct deposit." 5. Article 29—Duration: July 1, 2016—June 30, 2019 6. Exhibit A: a. Effective July 1, 2016, 2%wage increase. b. Effective July 1, 2017, 2%wage increase. c. Effective July 1, 2018, 2%wage increase. d. Effective July 1, 2016, move the Veterans Agent from Tier 3 to Tier 2. e. Effective July 1, 2017, move the Administrative Assistant to the Mayor from Tier 5 to Tier 4. f. Add the Chief Procurement Office to Tier 4. g. Add the Community Preservation Act Administrator to Tier 4. 7. Exhibit D: Add the following stipend: Municipal Hearing Officer - $5,000 8. Incorporate the parties' existing MOU's. FOR THE TOWN OF AGAWAM FOR THE AGAWAM ADMINISTRATIVE UNION Dated: Dated: r SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM BUILDING MAINTENANCE ASSOCIATION The Town of Agawam and the Agawam Building Maintenance Association hereby agree to the following terms, conditions, and understandings to be incorporated into a successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 2 —Salary Schedule: a. Add the following to the end of the second to last paragraph: "regardless of the employee's years of service." b. Delete the tenth paragraph (i.e., "The salary for new employees during the initial ninety (90) days of their employment shall be ten (10%) percent less than the salary schedule contained on Exhibit A which is attached hereto and incorporated herein by reference."). c. Add the following to the third to last paragraph: "Effective July 1, 2017, step 6 shall be 1.5% higher than step 5. Effective July 1, 2017, in order to advance to Step 6, an employee needs to have fifteen (15) years of continuous service with the Employer." 2. Article 2A—Permanent Part-Time Custodians: a. Add the following to the fourth paragraph: "Permanent part-time custodians shall be paid at the hourly rate of$11.00 effective January 1, 2017." b. In the fourth paragraph, delete"Effective July 1, 2008," 3. Article 3 —Overtime: a. Add the following as a new Section F: "Overtime will be offered in the event that an outside group (i.e., non-school,town, or school related group) is granted a permit to use the school building after the school day, or in the event that the schools, town, or a school related group (e.g., PTO, Booster Clubs, etc.) are granted a permit to use the school building after 9:00 p.m." b. Add the following as a new section: "When a day custodian (i.e., Senior or Senior Class A) calls out sick, a maintenance man can be requested to temporarily cover his/her absence until a custodian from that school can arrive to cover the shift. The custodian called-in to work would work a full 8 hour shift from the time of arrival at the applicable out-of-grade straight time rate." 4. Article 5 —Snow& Litter Removal: In the first paragraph, delete the second sentence. 5. Article 11 —Vacation Leave: Reword the first sentence of Section E to read as follows: "Five (5) weeks and three (3) days after twenty (20) years of service." 6. Article 14 —Sick Leave: Reword the last paragraph to read as follows: "Massachusetts Parental Leave Act—The Town of Agawam agrees to grant leave in accordance with the Massachusetts Parental Leave Act. Nothing in this provision is intended to add to or 1 subtract from current leave entitlements or requirements under this collective bargaining agreement." 7. Article 15 —Bereavement: Add "step-children"to the second sentence and remove "step- children" from the fourth sentence. 8. Article 17—Incentive Leave: In the second paragraph, second sentence, change "three (3) earned days"to "four (4)earned days" 9. Article 19-Holidays: Add the following sentence: "The day before Christmas (Christmas Eve) shall not be considered a holiday, but will be a one-half(1/2) day off with pay." 10. Add the following as a new Article entitled "Statutory Leave": "The Town agrees to abide by the provisions of Chapter 149, Section 52D (i.e., the Small Necessities Leave Act) and Chapter 149, Section 52E (i.e., the Domestic Violence Leave Act)." 11. Article 23 —Work Day: Reword the second paragraph to read as follows: "The Association agrees that employees whose scheduled work shift commences on or after 2:00 p.m. will notify the Office of the Building Maintenance Director no later than 12:00 noon on any day in which the employee is unable to report to work, except in cases of emergency. Day shift personnel shall notify the Director of Building Maintenance no later than one (1) hour before their shift commences on any day in which the employee is unable to report to work, except in documented cases of emergency. Employees who work 10:00 a.m. to 6:00 p.m. will notify the Office of the Building Maintenance Director no later than 8:00 a.m. on any day in which the employee is unable to report to work, except in documented cases of emergency. Maintenance staff will notify the Director or Deputy Director of Building Maintenance no later than 7:00 a.m. on any day in which the employee is unable to report to work. The Building Maintenance sick/emergency line will be utilized. Employees must use the voicemail or email option before 7:00 a.m. and after 4:30 p.m." 12. Article 25 —Uniforms: a. Change "clothing"to "uniform" throughout the Article. b. Reword section 2 to read as follows: "Such uniform change shall consist of trousers, shirts, and hooded sweatshirts. The cost of such service will be paid by the Town. Employees will be required to wear issued uniforms on all regular and extra shifts, provided that the Building Maintenance Director may allow the wearing of other clothing only with his/her prior permission. Sneakers may not be worn at any time, except with permission as indicated above." c. Add the following to the end of the Article: "Effective July 1, 2017, the custodians' shoe allowance shall be increased to $150.00." 13. Article 26 —Personnel File: Add the following: "The Town agrees to abide by the provisions of M.G.L. c. 149, § 52C." 2 14. Article 27—Term of Agreement: a. Amend dates to reflect a contract duration of July 1, 2016 through June 30, 2019. b. Reword the second to last paragraph to read as follows: "The Town shall provide the Association with fifty (50) copies of the Agreement within a reasonable period following its execution." 15. Exhibit A—Salary Schedules: a. Effective July 1, 2016, 2.0% wage increase. b. Effective July 1, 2017, 2.0%wage increase. Effective July 1, 2017, step 6 shall be increased by an additional 0.5%. c. Effective July 1, 2018, 2.0% wage increase. 16. Add a new Article entitled"Evaluation" to read as follows: "Employees shall be evaluated annually by the Director and/or Deputy Director using the current evaluation form. The annual evaluation will not be conducted by fellow bargaining unit members. However, the weekly work area assessment will continue to be performed by the custodian in charge of the building at that time." FOR THE TOWN OF AGAWAM FOR THE AGAWAM BUILDING MAINTENANCE ASSOCIATION Dated: Dated: 3 SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM CLERICAL EMPLOYEES' ASSOCIATION The Town of Agawam and the Agawam Clerical Employees' Association hereby agree to the following terms,conditions, and understandings to be incorporated into the successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 10—Leaves of Absence—Paid Leaves: a. In Section 7 change the following: "The Town agrees to abide by the provisions of Chapter 149, Section 105D (i.e., the Massachusetts Maternity Leave Act)." to "The Town agrees to abide by the provisions of Chapter 149, Section 105D (i.e., the Massachusetts Parental Leave Act)." b. Add the following as a new Section: "The Town agrees to abide by the provisions of Chapter 149, Section 52D (i.e., the Small Necessities Leave Act) and Chapter 149, Section 52E (i.e., the Domestic Violence Leave Act)." 2. Article 23 —Wages: a. In Section 1, add the following to the end of the first paragraph: "Effective July 1, 2017, in order to advance to Step 6, an employee needs to have fifteen (15) years of continuous service with the Employer. In the event of a promotion, employees will be placed on the lowest step of the new scale that is greater than their current rate of pay regardless of their years of service." b. Effective July 1, 2016, 2% wage increase. c. Effective July 1, 2017, 2% wage increase. d. Effective July 1, 2018, 2% wage increase. e. Add a new section to read as follows: "Employees are required to receive their compensation through direct deposit." 3. Article 33 —Duration: Revised the dates to reflect a three year duration. FOR THE TOWN OF AGAWAM FOR THE AGAWAM CLERICAL EMPLOYEES' ASSOCIATION Dated: Dated: SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION The Town of Agawam and the Agawam Department of Public Works Employees' Association hereby agree to the following terms, conditions, and understandings to be incorporated into a successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 4 —Non-Discrimination: Add "age" 2. Article 16 —Vacancies: Add the following as a new paragraph: "Any bargaining unit position which the Town intends to fill shall be filled as soon as possible, and normally within sixty (60) days. If the position is not going to be filled within sixty (60) days, the Town will provide the reason to the Association. If a determination is made by the Town that a position is not going to be filled, the Town will notify the Association of said decision." 3. Article 17A—Personnel Files: Add the following: "The Town agrees to comply with the provisions of M.G.L. c. 149, § 52C." 4. Article 18 —Hours of Work, Meal Period & Permitted Absences: a. Under"Permitted Absences", change "Chapter 149, Section 1051): Massachusetts Maternity Leave Act"to "Chapter 149, Section 1051): Massachusetts Parental Leave Act" b. Under"Permitted Absences", add "Chapter 149, Section 521): Small Necessities Leave Act" c. Under"Permitted Absences", add "Chapter 149, Section 52E: Domestic Violence Leave Act" 5. Article 19—Vacations: a. Add a new item to read as follows: "Upon completion of fifteen (15) years' service as of January first, twenty-three (23) working days." b. Reword item #5 to read as follows: "Upon completion of twenty (20) years' service as of January first, twenty-eight (28) working days." 6. Article 21 —Sick Leave: Add the following as a new paragraph: "Each employee will be allowed to use or schedule to use one (1) sick day per calendar year for personal reasons; provided they receive permission from the Department of Public Works Director, which is subject to adequate staffing; and provided that such use of said personal day shall not be used in conjunction with an incentive or vacation day. The employee must provide at least two (2) work days' notice to the Director, except in the case of a documented emergency. The use of this sick day will not affect the earning of an incentive day under Article 23 —Incentive Days." 7. Article 23 —Incentive Days: Add the following to the end of the first paragraph: "If an employee takes leave pursuant to the Small Necessities Leave Act or the Domestic Violence Leave Act, said leave shall not be considered a break in service for purposes of this benefit. However, said leave shall not count toward the thirteen(13) calendar week period. For example, if an employee is present for twelve (12) weeks, is out on Domestic Violence Leave 1 for one (1) week, then the employee must complete one (1) additional week after returning from Domestic Violence Leave in order to receive the incentive day." 8. Article 26—Rates of Pam: a. Under Overtime, third to last paragraph, change "up to twenty-four(24) hours"to "up to thirty (30) hours" b. Add a new section to read as follows: "Any individual called back under emergency conditions i.e. snow and ice operations, water main breaks, sewer related issues etc., must receive permission to leave work from the supervisor in charge." c. Add a new section to read as follows: "Employees are required to receive their compensation through direct deposit." 9. Add the following as a new Article entitled "Light Duty": The Town may provide light duty work, where appropriate, to an employee who has sustained a work related injury or illness and/or who is otherwise unable to work due to a medical condition whether work related or not, and who is unable to resume regular work, but may work under limitations and restrictions without threat of further risk to their health or the health of fellow workers and imposed by the Town's designated licensed physician, as follows: Immediately following any treatment, the employee shall provide to the Personnel Department a medical release form stating his/her return to work status, including any work limitations or restrictions (if applicable, the FMLA forms shall be used). The procedures contained in the FMLA will be followed in the event the Town does not concur with the determination contained in the original form. Light duty may be provided by the Town, when available and which accommodates such limitations or restrictions such as; by temporarily changing specific tasks of the employee's current job; by reducing the employee's work hours; and/or by adding suitable duties from another position. Such light duty, when available, may be granted up to a maximum term of thirty(30) work days, and will be reviewed by the Town's physician and the Personnel Director on a bi-weekly basis for possible reassignment to regular duty. In any case, before an employee may resume regular duty, the employee must provide to the Town a medical release indicating the employee's fitness for full duty. Relocation to another job or other temporary work for a suitable light duty assignment shall be arranged, where feasible and necessary, only by the DPW Director with the prior approval of the Personnel Director and the Mayor. A light duty assignment must receive prior approval from the Personnel Director and the Mayor. Any changes in a light duty assignment must be approved in advance by the Town's physician and the Mayor. In the event that light duty work is denied to an employee, the Association may grieve or litigate the decision, but not both. 2 10. Article 28 —Duration: July 1, 2016 —June 30, 2019 11. Exhibit"A"—Schedule of Wages: a. Effective July 1, 2016, 2.0%wage increase. b. Effective July 1, 2017, 2.0% wage increase. c. Effective July 1, 2018, 2.0% wage increase. FOR THE TOWN OF AGAWAM FOR THE AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES' ASSOCIATION Dated: Dated: 3 SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AFL-CIO LOCAL 1973 FIREFIGHTERS ASSOCIATION The Town of Agawam and the AFL-CIO, Local 1973, Firefighters Association hereby agree to the following terms, conditions, and understandings to be incorporated into a successor collective bargaining agreement. This Settlement Agreement is contingent upon ratification by the respective constituent bodies. 1. Article 10—Residency Requirements: Reword Section 10.01 to read as follows: "Applicants for positions in and members of the regular fire department of the Town of Agawam may reside outside Agawam, provided they reside in accordance with any requirements contained in the Massachusetts law and/or Civil Service regulations. To the extent permitted by law, the Union shall encourage its members to reside in the Town of Agawam." 2. Article 12 —Swapping of Tours: Add the following as a new subsection (6): "For the first twelve (12) months of employment, a bargaining unit member may not exchange time with other members of the bargaining unit unless the Chief in his/her discretion allows the exchange in advance." 3. Article 14 —Outside Duty: Replace the current language with the following: 14.01 The provisions of this article shall govern the assignment of Outside Duty to the Employees covered by this Agreement, when such work is to be paid for by the Employer and charged to another Town Department or an outside individual, group, corporation, or organization provided, however, that no compensation earned under the provisions of this Article 14 shall be considered earnings for purposes of computing entitlements of Employees hereunder under any effective pension or retirement plan. (a) Selection for each such assignment shall be made by the President of the Union or his designated representative from and among off-duty Fire Fighters subject to approval of and assignment by the Chief. It shall be distributed among the Employees as equitably as possible according to seniority without regard to rank. The Chief may cause a record of all such assignments to be maintained, which may be examined by a representative of the Union at reasonable times and upon reasonable notice. (b) All Employees covered by this Agreement shall comply with the orders of Superior Officers while performing such Outside Duty. (c) Employees performing such Outside Duty shall be guaranteed a minimum of four (4) hours work at the applicable rate. For work in excess of four (4) hours, employees shall be compensated to the next full hour. (d) Outside Duty shall be divided into two categories, "Fire Outside Duty" and "EMS Outside Duty" 1 (e) During the term of this Agreement, the compensation for Outside Duty shall be as follows: (1) Fire Outside Duty a. Privates—8:00 A.M. to Midnight—a flat rate of time and one-half(1.5) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, for the first eight (8) hours. b. Lieutenants - 8:00 A.M. to Midnight—a flat rate of time and one-half(1.5) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, for the first eight (8) hours, OR, the employee's regular hourly base pay times 1.5, whichever is greater. c. Privates - After Midnight - a flat rate two (2) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, for each hour worked until 8:00 A.M. d. Lieutenants - After Midnight- a flat rate two (2)times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, for each hour worked until 8:00 A.M. (2) EMS Outside Duty a. Privates—8:00 A.M. to Midnight—a flat rate of time and one-half(1.5) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement AND Lieutenants hourly EMS stipend as noted in Article 33.08 of this agreement, for the first eight (8) hours. b. Lieutenants - 8:00 A.M. to Midnight—a flat rate of time and one-half(1.5) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, AND Lieutenants hourly EMS stipend as noted in Article 33.08 of this agreement, for the first eight (8) hours. c. Privates - After Midnight- a flat rate two (2)times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, AND Lieutenants hourly EMS stipend as noted in Article 33.08 of this agreement for each hour worked until 8:00 A.M. d. Lieutenants - After Midnight - a flat rate two (2) times Step 2 Lieutenants rate per hour, as calculated by Exhibit F of this agreement, AND Lieutenants hourly EMS stipend as noted in Article 33.08 of this agreement, for each hour worked until 8:00 A.M. (3) Rates for holidays and holiday eves shall be two (2) times step 2 Lieutenants rate per hour for Fire Outside Duty. For EMS Outside Duty on holidays and holiday eves rates shall be two (2) times step 2 Lieutenants rate per hour and include hourly EMS stipend as noted in Article 33.08 of this agreement. Eves are defined as commencing at 4:00 P.M. on the afternoon of the day preceding the day celebrated as the holiday. (4) In the event that an outside duty detail extends beyond eight (8) consecutive hours, the hourly rate for each hour or part thereof in excess shall be at double time (2) step 2 Lieutenants rate per hour. 2 (5) No employee assigned to Outside Duty shall be entitled to compensation provided in this article if the private employer notifies the Department Headquarters of the cancellation of such Duty at least one (1) hour in advance of the scheduled commencement of such Outside Duty. An employee who is not notified of the cancellation of an Outside Duty detail at least one (1)hour before its scheduled commencement time shall be entitled to a minimum of four (4) hours pay at the applicable rate by the private employer. 14.02 Once any employee has accepted and performed or refused to accept Outside Duty, his name shall not be called again for such Outside Duty until such time as all other Employees have had one (1) opportunity to accept an Outside Duty. 14.03 Revolving Fund. The Employer agrees to fund the revolving fund established under M.G.L. Chapter 44, Section 53C as follows: $2,000.00 The Employer shall have the right according to the statute to establish a "service fee" for administrative costs which will be applied to reduce its original funding of this article. 4. Article 23 —Military Leave and Jury Duty: a. In Section 23.07, change "midnight" to "10:00 p.m." b. Add the following to section 23.07: "If an employee is released during the time period of his/her regularly scheduled tour, then said employee must report to work no later than two (2) hours after said release, unless there would be less than two (2) hours left in the tour." 5. Article 24—Compensatory Leave: a. In Section 24.09 change "$22.00 (twenty-two dollars) per day fora maximum of 240 (two hundred forty) days"to "Twenty-two dollars ($22.00) per day for a maximum of two hundred and seventy (270) days (i.e., a maximum payout of Five Thousand Nine Hundred and Forty Dollars ($5,940)" b. Add the following to Section 24.12: "The Chief may request medical verification of illness or injury in the form of a doctor's note and/or certification if an employee utilizes more than ten (10) undocumented (i.e., without a doctor's note) sick tours in a calendar year, or utilizes three (3) or more consecutive tours of sick time." c. Add the following as a new Section 24.13: "Any Employee who has been employed by the Agawam Fire Department for one (1) full calendar year or greater and has accrued a minimum of fifteen (15) compensatory sick leave tours, and utilizes less than nine (9) undocumented compensatory sick leave tours in a calendar year, shall receive a one-time payment of two-hundred-fifty dollars ($250). Said one-time payment shall be made in the second pay period of January in the calendar year after the benefit was earned. 3 In addition to the one-time payment above, any Employee who has been employed by the Agawam Fire Department for one (1) full calendar year or greater and has accrued a minimum of fifteen (15) compensatory sick leave tours, and utilizes less than five (5) undocumented compensatory sick leave tours in a calendar year, shall receive a one-time total maximum payment of five-hundred dollars ($500) for a total payment of seven hundred and fifty dollars ($750). Said one-time payment shall be made in second pay period of January in the calendar year after the benefit was earned. Notwithstanding the above, any Employee who uses fifteen (15) or more compensatory sick leave tours in a calendar year, whether documented or undocumented, shall not be eligible to receive the payments listed above. Sections 24.12 and 24.13 shall automatically terminate as of June 30, 2019, and 24.12 will revert back to the previous language (i.e., The Chief may take or cause to be taken such reasonable steps as may be necessary to determine and verify the existence and cause of any disability for which compensatory days are claimed under this Article, including but not limited to, requiring an employee to produce doctors notes and certifications of illness or disability for three or more consecutive tours of absence from duty.), unless the parties agree otherwise in writing." 6. Article 24A—Injured on Duty: Reword Section 1 to read as follows: "Whenever an employee is incapacitated for duty because of an injury sustained in the performance of duty, including conditions covered by the presumptive law, without fault of his/her own, he/she shall be granted leave without loss of pay for the period of such incapacity in accordance with M.G.L. Chapter 41, Section I I IF. Employees attending Massachusetts Fire Academy classes shall be covered under 111 F in the event of an injury sustained at an Academy class." 7. Article 28 —Vacation: a. In Section 28.01(h), delete the second sentence and replace with the following: "If a member requests a single tour off within seven(7) days of the date requested, the employer shall grant the tour off if said request does not result in the creation of overtime at the time of request." b. Add the following to Section 28.03: "Specialists' seniority for vacation picks shall be determined by initial appointment to the Specialist position regardless of rank or assignment." c. Reword Section 28.08 to read as follows: "Any member who receives four(4) weeks of vacation may sell up to two (2) weeks back to the Town, to be paid at the employee's regular hourly rate for forty-two (42) hours per week. Employees may only sell back vacation time in four(4) tour blocks. Said payment shall be made in the first pay period of the following year." 4 8. Article 33A—Emergency Medical Technicians: Reword this Article to read as follows: 33A.01 Any bargaining unit employee shall be afforded an opportunity to participate in the Emergency Medical Technician program under the terms and conditions set forth below. 33A.02 All schooling, required of candidates for certification or recertification as EMTs shall be governed by this Section. The Employer shall pay for any application fees associated with certification or recertification at the time of application. Certification: The Employer shall be required to pay the course enrollment fees and purchase any required textbooks. These fees are to be paid in advance, whenever possible, by the Employer. In addition, any candidate who successfully completes the course, and becomes certified as an EMT shall receive a"bonus" to be paid in the next payroll period after successful completion of the course and certification. The "bonus" shall be calculated based upon the candidate receiving compensation at the rate of time and one-half(1.5)their regular hourly rate for a minimum of four(4) hours outside their normal tour for the time required to attend the EMT education program. If a candidate fails to become certified as an EMT, then they shall not be entitled to receive the above- outlined "bonus." The parties agree that no employee shall be entitled to overtime for time required to attend the EMT education program. Employees will be permitted to attend EMT certification schooling based on their seniority as set forth in Article 35. Recertification: The Employer shall be required to pay the course enrollment fees and purchase any required textbooks. These fees are to be paid in advance, whenever possible, by the Employer. In addition, any candidate who successfully completes the needed courses shall receive a"bonus"to be paid in the next payroll period after successful completion of the course and certification. The "bonus" shall be calculated based upon the candidate receiving compensation at the rate of time and one half(1.5) their regular hourly rate based on NREMTIOEMS minimum requirements: currently 60 hours for Paramedic, 50 hours for Advanced EMT and 40 hours for Basic EMT. Any schooling required above these hours either by NREMT, OEMS, or the medical director shall be paid at a"bonus"rate of time and one- half(1.5) at the time of training. The Employer agrees to pay the same"bonus" pay of time and one-half(1.5) per hour spent for ACLS training, at the time of training. The Employer shall be required to pay the course enrollment fees and purchase any required textbooks. These fees are to be paid in advance, whenever possible, by the Employer. One hour will be deducted from the above hours for each hour the employee takes off to attend outside schooling, not including travel time, during their normal working tour. 33A.03 Any bargaining unit employee, except Lieutenants, who is certified as an EMT shall receive the following additional compensation: 5 (a) EMT: thirteen and one half percent (13.5%) of their then effective weekly compensation for the entire period of their certification; and fifteen dollars (S15.00) per E.M.S. billable transport performed by the employee during the week. (b) EMT-l/ Advanced: fourteen and one half percent (14.5%) of their then effective weekly compensation for the entire period of their certification; and fifteen dollars (515.00 per E.M.S. billable transport performed by the employee during the week. (c) EMT-P: sixteen and one half percent (16.5%) of their then effective weekly compensation for the entire period of their certification; and fifteen dollars (S15.00) per E.M.S. billable transport performed by the employee during the week. (d) 1st Responders: six and one half percent (6.5%) of their then effective weekly compensation for the entire period of their certification. 33A.04 Any bargaining unit employee certified as an EMT, may volunteer to serve on the ambulance on a rotating basis. (Example of rotation: three members per group: 60 days on - 30 days off or four members per group: 30 days on - 30 days off.) The length of the rotation shall be determined by the number of employees in the group to serve on a rotating basis. Employees serving in the rotation may be required to serve on the ambulance to fill shortages or staff additional ambulances during their time spent on rotation in the fire company. 33A.05 Ambulance Director-A Paramedic, under direction of the Chief, shall be assigned to the position of Ambulance Director in charge of the department's ambulance service, and as such, shall assume individual responsibility for insuring that all administrative duties, including but not limited to, operational training, record keeping, compiling statistical data and maintaining a quality assurance program. The Ambulance Director will also act as a liaison between the department and the various agencies and offices the service deals with. The Ambulance Director shall convene EMT meetings as necessary for the health of the service and provide any other administrative tasks as deemed necessary by the chief. The Ambulance Director shall receive payment equal to seven percent (7%) of his/her then effective weekly compensation while in this position. Ambulance Logistics Director- A Paramedic, under direction of the Chief, shall be assigned to the position of Ambulance Logistics Director, and as such, shall assume individual responsibility for procurement and maintenance of all equipment and supplies for the department's ambulance service. Duties will include, but not be limited to, keeping an inventory of supplies and medications; ensuring supplies and medications are within date, ensuring compliance with narcotic regulations, and ensuring compliance with OEMS ambulance regulations. The Ambulance Logistics Director will work with the EMT staff to identify, test, and train staff on any new equipment that may be utilized by the service. The Ambulance Logistics Director shall receive payment equal to seven percent (7%) of his/her then effective weekly compensation while in this position. 6 The Paramedic who serves in either above position shall be selected from a pool of all the department's paramedics, regardless of rank, and shall be the senior qualified person. One paramedic shall not hold both positions. Each paramedic will be subject to a yearly performance review and can be removed for just cause. Any Lieutenant certified as an EMT shall not be required to serve on the ambulance. Any Lieutenant who serves on the ambulance due to necessity, shall receive additional compensation equal to seven (7%) percent of their then effective daily compensation for the days/tours worked on the ambulance plus fifteen ($15.00) dollars per E.M.S. billable transport performed by the lieutenant during the day. Any Lieutenant re-certified as an EMT shall receive payment equal to nine and one half percent (9.5%) of their then effective weekly compensation during the entire period of their certification. 33A.06 The Employer will carry insurance on the ambulance and on all fire department vehicles in an amount not less than $300,000.00 per person and $500,000.00 per accident. 33A.07 An EMT injured while assigned to ambulance duty will be afforded the full benefits of M.G.L. Chapter 41, Section 111F and all other statutory benefits available to fire fighters including, but not limited to,the provisions of the so-called "heart-lung" law- (M.G.L. Chapter 32, Section 94) and the so-called "cancer presumption" law- (M.G.L. Chapter 32, Section 94B). 33A.08 In the event that an EMT is exposed to and contracts a communicable disease, as the same are enumerated in C.111 of the General Laws and in regulations promulgated by the Department of Public Health pursuant thereto, or any member of his/her immediate family contracts any such disease following his exposure to it, the Employer will undertake to provide indemnification to him/her for any cost associated with the same, including, but not limited to, indemnification for all medical expenses which are not covered by the group insurance policy of the Employer in which the Employee is a participant and any cost in the nature of household expenses or repairs which are incurred by the Employee and which would not have been incurred but for the exposure to such contagious disease such as fumigation expense. Similarly, the Employer will indemnify fellow Employees of the infected Employee in the extent set forth above. 33A.09 Medical Assist shall be defined as when an engine company responds to a medical emergency to either assist medical personnel or to provide direct patient care. An engine company shall respond to a medical emergency when it is deemed necessary by the officer in charge. Each pump company member shall receive payment equal to eight ($8.00) dollars per medical assist/E.M.S. billable transport performed by the employee during the week. 33A.10 Notwithstanding any provision of this agreement to the contrary, any permanent employee hired on or after January 1, 1993 shall be required to serve as an Emergency Medical Technician at the same level of service (EMT-Paramedic, Advanced or EMT- Basic) at which they were hired on the ambulance on a rotating basis for the period of sixteen (1 b) years. Any contiguous time spent as a provisional employee within the 7 Agawam Fire Department prior to permanent appointment shall be included in said period. After sixteen (16) years of service in the ambulance rotation an employee may elect to leave the ambulance rotation and receive an EMS stipend equal to that of a Lieutenant provided that they maintain their EMT certification. An employee who has opted to leave the ambulance rotation may be called upon to perform ambulance duties in the event of operational need. Operational need includes, but is not limited to, deployment of additional ambulances to meet EMS demand. In the event that an employee that has opted to leave the ambulance rotation is required to perform ambulance duties due to operational need, the employee shall be compensated for the days/tours worked on the ambulance in accordance with Article 33A.03 33A.I I The Employer shall pay the sum of twelve thousand ($12,000.00) dollars as a lump sum incentive to any employee excluding Officers (not presently certified as an EMT-P) who attains the certification as an EMT-Paramedic. This lump sum incentive shall be available to not more than two (2) employees during each certification period with selection being made based on seniority as set forth in Article 35. The Employer shall be responsible for payment for course enrollment fees and the purchase of textbooks, BUT the Employer shall not be responsible for the payment of compensation for time required to attend courses or necessary fieldwork outside their normal work hours or for any other expenses or compensation for any employee seeking to become certified as an EMT-Paramedic. The lump sum incentive shall be paid upon the employee's receipt of certification as an EMT-Paramedic provided the employee makes a written commitment to serve on the ambulance on a rotating basis for the period of at least sixteen (16) years as an EMT-Paramedic following the date of their certification. Lieutenants shall be afforded an equal opportunity to receive the lump sum incentive stated herein, provided the Lieutenant agrees to accept a voluntary permanent demotion to the rank of Firefighter upon receipt of their certification as an EMT-Paramedic in order to complete the obligation to serve on the ambulance on a rotating basis for the period of at least sixteen (16) years as an EMT-Paramedic following the date of their certification. 9. Article 35 —Seniority: Add the following as a new Section 35.07: "Specialists' seniority for vacation picks shall be determined by initial appointment to the Specialist position regardless of rank or assignment." 10. Article 37—Incentive Days: In Section 37.01, second paragraph, delete the second and third sentences. 11. Article 39—Salaries: d. Effective July 1, 2016, 2.0% wage increase. e. Effective July 1, 2017, 2.0% wage increase. f. Effective July 1, 2018, 2.0%wage increase. 12. Article 43 —Duration and Termination: Modify the dates to reflect a three year duration. 8 13. Article 44--Employee Personnel File: Reword the first sentence of the first paragraph to read as follows: "Every employee shall have the right, upon request in writing and at reasonable times, to examine and read his/her personnel file in the presence of the Personnel Officer, or his/her designee, and to receive a copy of any material contained therein. In no event shall an employee's rights to examine and/or receive his/her personnel file by less than what is provided under M.G.L. c. 149, § 52C." 14. Discuss implementation of an MOU that would allow for upgrade of EMS engine service to EMT-A level. FOR THE TOWN OF AGAWAM FOR THE AFL-CIO, LOCAL 1973, FIREFIGHTERS ASSOCIATION Dated: Dated: 9 SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM AND THE AGAWAM POLICE PATROLMEN'S ASSOCIATION The Town of Agawam and the Agawam Police Patrolmen's Association hereby agree to the following terms, conditions, and understandings to be incorporated into the successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 13 —Sick Leave: In Section 13.6, reword the last paragraph to read as follows: "The Town agrees to comply with the provisions of the Massachusetts Parental Leave Act." 2. Article 16--Clothinp,Allowance: a. Replace Section 16.1 with the following: "Employees covered under this contract shall be responsible for cleaning, purchase, replacement, and maintenance of uniforms and accessories, including leather goods (note: The stipend associated with this requirement has been rolled into longevity effective July 1, 2017). The parties agree that the purchase of articles which represent a major change in uniforms, such as new ceremonial dress, shall be the responsibility of the Town." b. Delete Section 16.2. 3. Article 28 —Salary Scale: a. Effective July 1, 2016, 2.0% wage increase. b. Effective July 1, 2017, 2.0% wage increase. c. Effective July 1, 2018, 2.0% wage increase. 4. Article 34—Firearms Qualification: Reword Paragraph 34.1 to read as follows: "Each member shall qualify with a service revolver and related firearms equipment. Each member shall attend a total of four(4) MPTC sessions per year and for qualification once per fiscal year of this agreement (note: The stipend associated with this requirement is being rolled into longevity effective July 1, 2017). If members are required to participate in tactical training outside of their regular work day, they will receive overtime at the rate of time and one-half(1 1/2)their regular rate of compensation. Payment to be made on the first payday in December." 5. Article 36—Police Career Incentive Pay. Add the following to paragraph 36.1: "The EMPLOYER agrees that the educational percentages set forth in M.G.L. Chapter 41, Section 108L, will continue to be paid to employees hired before July 1, 2009 who are eligible in accordance with local ordinances and state statute, and those employees shall receive such compensation upon completion of required courses and upon certification from the Board of Higher Education regardless of whether the Commonwealth contributes its share toward the cost in accordance with the parties' past practice." 6. Add the following as a new Article entitled"Police Training": "In recognition of the following trainings required of bargaining unit members (First Responder, CPR, Narcan, Epi-Fens, active shooter training, stop sticks, and TASER training), the Town agrees to increase the base rates 1 of pay contained in the salary schedules by One Thousand Dollars ($1,000.00) effective upon ratification of the 2016-2019 collective bargaining agreement. Trainings shall continue to be paid and administered in the current manner." Note: The Association agrees to withdraw MUP-16-5209/5210. 7. Add the following as a new Article entitled "Statutory Leave": "The Town agrees to comply with the provisions of the Small Necessities Leave Act (SNLA) and the Domestic Violence Leave Act (DVLA)." 8. Article 33 —Duration: July 1, 2016 —June 30, 2019 FOR THE TOWN OF AGAWAM FOR THE AGAWAM POLICE PATROLMEN'S ASSOCIATION Dated: Dated: 2 SETTLEMENT AGREEMENT BY AND BETWEEN THE TOWN OF AGAWAM TO THE AGAWAM POLICE SUPERVISOR'S ASSOCIATION The Town of Agawam and the Agawam Police Supervisor's Association hereby agree to the following terms, conditions, and understandings to be incorporated into the successor collective bargaining agreement. This Settlement Agreement is subject to ratification by the respective constituent bodies. 1. Article 9—Vacations: Add the following to Paragraph 94: "Employees will be allowed to carryover up to five (5) unused vacation days into the following year." 2. Article 10 — Sick Leave: Reword Paragraph 104 to read as follows: "The Town agrees to comply with the provisions of the Massachusetts Parental Leave Act." 3. Add the following as a new Article entitled "Statutory Leave": "The Town agrees to comply with the provisions of the Small Necessities Leave Act(SNLA) and the Domestic Violence Leave Act (DVLA)." 4. Article 31 —Salary Schedule, Longevity: a. Effective July 1, 2016, 2.0%wage increase. b. Effective July 1, 2017, 2.0% wage increase. c. Effective July 1, 2018, 2.0% wage increase. d. Add a new paragraph to read as follows: "Employees are required to receive their compensation through direct deposit. However, any employee who was not receiving their compensation through direct deposit on June 1, 2016 shall not be required to do so." 5. Article 35 —Firearms Oualiftcation: Delete the first sentence of the second paragraph (i.e., "Compensation payable under this article shall not be considered in computing retirement pension and other related monetary benefits."). 6. Article 36 —Retroactive: Change "July 1, 2013"to "July 1, 2016" 7. Article 37 —Duration: Change the date to reflect a duration of July 1, 2016 through June 30, 2019. 8. Article 42—Police Training: Add the following as a new section 421: "In recognition of the following trainings required of bargaining unit members (First Responder, CPR, Narcan, Epi-Pens, active shooter training, stop sticks, and TASER training), the Town agrees to increase the base rates of pay contained in the salary schedules by One Thousand Dollars ($1,000.00) effective upon ratification of the 2016-2019 collective bargaining agreement. Trainings shall continue to be paid and administered in the current manner." Note: The Association agrees to withdraw MUP-16-5209/52 10. t 9. Incorporate the FTO MOU into the collective bargaining agreement. FOR THE TOWN OF AGAWAM FOR THE AGAWAM POLICE SUPERVISOR'S ASSOCIATION Dated: Dated: 2