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HomeMy Public PortalAbout167-2016 - Police - Union ContractPROFESSIONAL CONSULTING SERVICES AG EMENT THIS AGREEMENT made and entered into this IM day of 2016, and referred to as Contract No. 130-2016, by and between the Cit of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and R&R Benefits/Risk Management, LLC, 1251 North Eddy Street, Suite 200, South Bend, Indiana, 46617 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional benefit program development and consultation advisory services for the City of Richmond Human Resources Department for the 2017 calendar year. The proposal of Contractor is attached hereto as Exhibit "A", which Exhibit consists of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all work and provide all services described on Exhibit "A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 130-2016 Page 1 of 6 SECTION III. COMPENSATION For the 2017 calendar year, City shall pay Contractor a sum not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00), for the performance all work described herein in a complete, satisfactory, and proper manner, which amount is payable upon receipt of proper invoices from Contractor as follows: Fifteen Thousand Dollars and Zero Cents ($15,000.00) within thirty (30) days of the start of the 2017 calendar year and the balance of $15,000.00 within thirty (30) days of July 1, 2017. SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until December 31, 2017. This agreement shall not automatically renew. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Page 2 of 6 SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Disability Requirements Statutory B. Employer's Liability $100,000 C. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation Page 3 of 6 within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; Page 4 of 6 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption Page 5 of 6 or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety Vicki Robinson, President By: Richard Foore, Member DO Anthony L/Foster, II, Member Date: APPROVED: Sno Ma r Date: ((-2 �(co By: "CONTRACTOR" R&R BENEFITS/RISK MANAGEMENT, LLC 1251 North Eddy Street, Suite 200 South Bend, Indiana, 46617 Printed: -C�1- o Y E Scotk Title: CEO ( zvicYCI\ CoUki Date: lZ -7—k�c Page 6 of 6 INDEPENDENT CONTRACTOR AGREEMENT FOR BENEFIT CONSULTING SERVICES This Agreement made and entered into this 1st day of January 2017 by and between R&R Benefits/Risk Management, LLC ("R&R) and the City of Richmond, Indiana ("City"); WITNESSETH WHEREAS the City would like to engage R&R in the representation of the City in the development, risk management, and marketing of activities related to the City's Benefit Programs; NOW, THEREFORE, upon the mutual promises and commitments of the parties to be performed, the parties stipulate and agree as follows: Engagement Effective January 1st, 2017, the Mayor of Richmond herewith engage and contract with R&R for R&R to provide services relative to the Benefits for the City. The services to be provided by R&R under this Agreement in connection with City's Benefit Programs shall relate to the insurance program commencing January 1, 2017. The Benefit Programs developed pursuant to the terms and provisions of the Agreement shall be subject to the direction and approval of the City. For purposes of this Agreement, the City's Benefit Programs shall relate to the areas of Medical Stop Loss, Medical Administration, Life Insurance, Disability, Dental, Vision, or Employee Assistant Programs and any Benefits that would apply for the City as deemed appropriate and approved by the City. 2. Contract Representatives. In undertaking its roles and responsibilities under this Agreement, R&R shall coordinate its communications, activities, reports, advice, and recommendations through City's contract representative for the City is currently designated as R&R Benefits specifically, Troy Scott & Bob Frick. 3. Assignments. R&R assignments and responsibilities under this Agreement shall include, but not necessarily be limited to, those activities set forth in Exhibit A which is attached hereto and make a part of this Agreement 4. Independent Contractor. In all respects, R&R shall be an independent contractor in undertaking and fulfilling its obligations under this Agreement and in being compensated for its services. R&R shall not be deemed or considered in any fashion to be an employee or agent of City. R&R shall have no authority to bind or commit the City to any agreement, contract, or any other obligation of any type or character. R&R shall pay and be responsible for all income, federal, state, FICA, worker's compensation, unemployment, health, disability, or other types of taxes, assessments, fees, costs, or benefits associated with the operation of its insurance agency in performing the services under this Agreement, and the City shall have no duties or obligations with respect to such matters R&R shall be responsible for all damages on account of personal injury and loss of life and property due to the activities of R&R and its employees, agents, representatives, subcontractors, and others whose acts R&R is responsible for in connection with performing this Agreement. R&R agrees to indemnify, defend, and hold and save the City harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, demands, actions, suits, liens, obligations, proceedings, or causes of action of every kind and character arising out of or resulting from the acts, omissions, and or negligence of R&R and its employees, agents, representatives, subcontractors and others whose acts R&R is responsible for under this Agreement. 5. Compensation. For its services under this Agreement, R&R shall be compensated as follows: A. Thirty Thousand dollars ($30,000) annually, payable $15,000 on January 111, 2017 and the balance of $15,000.00 on July 111, 2017, with automatic renewals unless terminated by either party 30 days in advance in any year during the term of this Agreement and receipt of a proper invoice from R&R, for services rendered in accordance with the services set forth in Exhibit A 6. Confidentiality of Records. R&R agrees to treat information provided by the City as confidential and will utilize such information provided only for purposes of performing the services set forth in Exhibit A. The City recognizes that R&R, in order to carry out the services set forth in Exhibit A, may be required to share information with third parties and may need to disclose certain information to the extent required to comply with applicable laws or regulations. All records and information provided by the City shall remain the property of the City and shall be returned to the City upon request, although R&R shall be allowed to retain copies of such records to the extent required in the ordinary course of delivering services or complying with appropriate laws and regulations. Any information provided by R&R, including data, recommendations, proposals, or reports shall be treated by City as confidential and shall not be disclosed to third parties except its attorneys, financial consultants, and auditors and except where such information is required to be disclosed to comply with applicable laws and regulations. R&R shall retain sole rights to all proprietary computer programs, systems, methods and procedures by R&R. 7. Communications. It is recognized by R&R and City that communications from time to time may occur by electronic mail, sometimes attaching further electronic data as when the circumstances require attachments. By consenting to this method of communication, R&R and City accept the inherent risk, including the security risks of interception of or unauthorized access to such communications, of corruption of such communications and the risk of other harmful devices. R&R and City agree that each will employ reasonable virus checking procedures on their respective computer systems and will each be responsible for checking all electronic communications received for viruses. In the event to a dispute, neither R&R nor the City shall challenge the legal evidentiary standing of an electronic document merely by reason of it being an electronic document 8. Premium/Handling of Funds. The City agrees to pay premiums and other money that is contractually owed to third parties directly to the insurers or other service providers by the payment dates specified in the insurance policies, invoices, or other payment documents. 2 Failure to pay premiums on time may prevent coverage from incepting or result in cancellation of coverage and services by the insurer and service provider. B. Term. The term of this Agreement shall commence from January 1, 2017 and run for a period of one (1) year with automatic renewals unless terminated by either party 30 days in advance in any year during the term of this Agreement and receipt of a proper invoice from R&R, for services rendered in accordance with the services set forth in Exhibit A_ 9. Termination. All provisions hereof to the contract notwithstanding, either party hereto shall be entitled to terminate this Agreement, for any reason, including no reason, upon ninety (90) days written notice to the other. Any such notice shall be consistent with the provisions of Paragraph 12 below. Upon such termination, the City and R&R shall in good faith endeavor to establish fair compensation to R&R based upon the compensation set fort at Paragraph 5 above, the portion of the services and assignments of R&R contemplated by this Agreement completed to such date, together with the likely cost to City, if applicable, to secure another entity to perform the balance of such services. Notices. Any notices contemplated by this Agreement shall be deemed effective if submitted by regular U.S. Mail, with postage prepaid, to the parties as follows: To R&R at: Troy Scott R&R Benefits/Risk Management, LLC 1251 North Eddy Street, Ste. 201 South Bend, IN 46617 Phone: 574-968-3654 Fax: 866-299-8438 To City at: City of Richmond, IN c/o Human Resource Director City of Richmond Human Resources 50 North 5th Street Richmond, IN 47374 765-983-7244 The parties may change their address for notice purposes under this Agreement by providing notice of such change in accordance with the terms and provision of this Paragraph. 10. Non -Discrimination. Pursuant to Indiana Code 22-9-1-10, R&R will not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hire, tenure, terms, conditions or privileges of employment 3 or any matter directly or indirectly related to employment because of race, religion, color, sex, disability, national origin or ancestry. Be reach of this covenant may be regarded a material breach of this Agreement- 11. Telephone Non -Solicitation. R&R certifies that, except for de minims and non-systematic violations, it has not violated the terms of I.C. 24-4.7. I.C. 25-5-12, or is preempted by federal law and that R&R will not violate the terms of I.C. 24-4.7 for the duration of this Agreement, even if I.C. 24-4.7 is preempted by federal law_ R&R further certifies that any affiliate or principal of R&R and any agent acting on behalf of R&R or on behalf of any affiliate or principal of R&R, except for de minims and non-systematic violations, has not violated the terms of I.C. 24-4.7 in the previous three hundred sixty-five (365) days, even if I.C. 24-4.7 is preempted by federal law, and will not violate the terms of I.C. 24-4.7 for the duration of this Agreement, even if I.C. 24-4.7 is preempted by federal law. 12. Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, provided, however, that neither party may assign any of the duties or obligations of this Agreement to any other person or entity without the express written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of aKand year of 2016 first above written. R&R Benefits R&R Benefits/Risk Management, LLC By: Troy S , CEO/General Counsel Mayor Mayor of the City of Richmond, Indiana By: n Honorable Dave Snow EXHIBIT A SCOPE OF SERVICES ASSIGNMENTS AND RESPONSIBILITIES R&R Benefits/Risk Management, LLC will assist the City of Richmond in the development of its Benefit Programs and represent the City of Richmond in the marketing of its Benefit Program's needs related the City of Richmond's programs in the areas of Medical, Dental, Life, Accident, Disability, Vision, and Employee Assistance Programs, and all other Benefit related Programs. R&R Benefits will consult with the City of Richmond representatives and assist in the establishment of a Benefit Program. Assignments and responsibilities to be provided include: • Availability and response to inquiries within twenty-four (24) hours of request • Review and Mitigate Claims on an Ongoing Basis • Market and Manage Medical Administration • Market and Manage Medical Stop Loss Coverage • Market and Manage Ancillary Benefits as they apply • Stay abreast and report to the City emerging issues as they related to Benefits • Assist in the Summary Plan Description creation and ongoing reviews and amendments • Review and Advise on Employer Health Clinics 1.7 AGREEMENT BETWEEN THE CITY OF RICHMOND, INDIANA AND JOHN HENNIGAR LODGE #63 FRATERNAL ORDER OF POLICE JANUARY 019 2017 THROUGH DECEMBER 319 2018 Contract No. 167-2016 ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 INDEX CONTROLLING AUTHORITY PAGE 1 MANPOWER PAGE 1 RECOGNITION PAGE 2 MANAGEMENT RESPONSIBILITIES PAGE 2 NON-DISCRIMINATION PAGE 3 SEVERABILITY PAGE 3 NEGOTIATIONS PAGE 3 MEETINGS AND CONFERENCES PAGE 3 F.O.P. BULLETIN BOARD PAGE 3 LEGAL DEFENSE FOR MEMBERS PAGE 4 NO STRIKE CLAUSE, NO LOCKOUTS PAGE 4 WORK FORCE PLANNING PAGE 4 RULES AND REGULATIONS PAGE 4 DISCIPLINARY ACTION PAGE 4 GRIEVANCE PROCEDURE PAGE 5 WAGES PAGE 5 TOUR OF DUTY PAGE 6 OVERTIME PAGE 7 SCHEDULED AND/OR OUTSIDE PAGE 8 CONTRACT WORK FIVE (5) DAY WEEKEND PAGE 9 VACATIONS PAGE 10 9 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 INDEX PAID HOLIDAYS PAGE 12 PERSONAL DAYS PAGE 12 LONGEVITY PAY PAGE 13 CLOTHING ALLOWANCE PAGE 13 SHIFT PAY PAGE 13 EDUCATIONAL INCENTIVE PAGE 13 INSURANCE PAGE 14 PRESCRIPTION EYE DEVICES PAGE 16 PURCHASE OF DUTY WEAPONS PAGE 16 PREVAILING RIGHTS PAGE 17 COMMON COUNCIL PAGE 17 BODY ARMOR PAGE 17 PENSION FUND PAGE 17 POLICE OFFICER'S BILL OF RIGHTS PAGE 18 ELECTIONS AND VOTING PAGE 19 EFFECTIVE DATE PAGE 20 MISCELLANEOUS PAGE 20 i AGREEMENT This Agreement executed as of January 1, 2017 although signatures may be subsequently affixed, is between the City of Richmond, Indiana, (hereafter called "City") and John Hennigar Lodge #63, Fraternal Order of Police, on behalf of those members of the Richmond Police Department as described in Article 3 (hereafter called "F.O.P. Bargaining Unit") and shall hereafter be binding on both parties upon adoption and during the term of this Agreement. WITNESSETH: The parties enter into the Agreement for the purpose of promoting cooperation and continuity in the relations between City and F.O.P. Bargaining Unit, in consideration of the promises, obligations, and undertaking of each party as contained herein, agree as follows: ARTICLE 1. CONTROLLING AUTHORITY Nothing in this Agreement shall alter the authority of those persons mentioned in the preceding paragraphs as specified by State Statute, City Ordinance, or Resolutions or in any way abridge or reduce the authority of said persons. The parties acknowledge that City has adopted a "Merit System" for the operations of its Police Department; and should the terms of this Agreement conflict with any such adopted "Merit System", the provisions of such "Merit System" shall override the provisions of this Agreement. ARTICLE 2. MANPOWER Effective the date of this Agreement, the City Police force will consist of at least 74 sworn officer positions. The Chief of Police has the responsibility of determining the number of police officers to be off -duty at any one time in order to avoid a shortage of manpower. Any subsequent increase or decrease in the size of the police force shall be based on demographic statistics and factors deemed reasonable to maintain the public safety of the City. Such factors and statistics shall include, but are not limited to, the local crime rate and national "Uniform Crime Reports" as published by the U. S. Department of Justice. Contract No. 167-2016 ARTICLE 3. RECOGNITION The City recognizes the F.O.P. Negotiating Committee for the F.O.P. Bargaining Unit as representatives for members of the Richmond Police Department with the rank of Patrolman, Investigator, Sergeant, Lieutenant, and Captain. The Negotiating Committee of the F.O.P. Bargaining Unit shall be made up of active members of the Richmond Police Department who are also F.O.P. members, in good standing with the John Hennigar Fraternal Order of Police, Lodge #63. The F.O.P. Negotiating Committee shall consist of five (5) members; President of John Hennigar 463, Past Chairman of the Negotiating Committee and three additional members. In the event the F.O.P. President is not a member of the Richmond Police Department, a fifth member will serve in his capacity. The three or (four members if the F.O.P. President is not a member of the Richmond Police Department) shall be appointed in the following manner: Members interested in serving on the Negotiating Committee shall be nominated and elected at the annual Pension Board Meeting. If more than three members are nominated, (four, if needed as established above), an election shall be held at the Pension Board Meeting or within three (3) weeks of that meeting. The three (or four) members receiving the highest number of votes will serve. In a case where the President of John Hennigar #63 is also past chairman, the 1 st alternate, being the person receiving the next high number of votes, will serve as a member. In the event a committee member resigns during the course of his/her term, the position, as well as the election date, will be posted at the department for two weeks. During this time period, written nominations shall be made to committee members. Committee members will then check with those nominated, making sure they accept their nomination. An election will then be held. The F.O.P. Negotiating Committee may bargain on the following matters: A. Wages; B. Hours; C. Fringe Benefits; D. Working Conditions. This Agreement shall not abridge the right of any member of the Richmond Police Department, whose rank is Patrolman, Investigator, Sergeant, Lieutenant and Captain to take up any matter on his or her own. Further, this Agreement will apply to all applicable Richmond Police Department Officers who are not members of the F.O.P., John Hennigar #63. ARTICLE 4. MANAGEMENT RESPONSIBILITIES The F.O.P. Bargaining Unit recognizes the responsibility and authority of the City to continue an efficient working relationship with the Bargaining Unit. The F.O.P. Bargaining Unit recognizes the right, responsibility and authority of the City, through its Administration, the Merit System and the Board of Works, to effectively manage the operations of the City, included but not limited to, the right to select and hire, to promote, to discipline and to superintend discipline for just cause, the right to establish rules of conduct and require employees to comply with these rules. Any of the rights, powers, functions, or authority which the City had prior to signing of this Agreement are retained by the City, except those rights, powers, functions, or authorities that are limited or regulated by a provision of this Agreement, in which case, the F.O.P. Bargaining Unit shall have recourse to Article 15, Grievance Procedure, of this Agreement. K ARTICLE 5. NON-DISCRIMINATION Neither party to this Agreement shall permit any discrimination against any person because of race, color, creed, sex, political affiliation, or national origin, nor shall either party to this Agreement discriminate against any person because of such person's participation in this Agreement. ARTICLE 6. SEVERABILITY Should any part hereof or any provisions herein be rendered or declared illegal by reason of any existing or subsequent statute or ordinance, or court, such invalidation shall not affect the remaining portion of this Agreement. Any such clause declared illegal shall be re -negotiated by the parties heretofore. ARTICLE 7. NEGOTIATIONS Reasonable provision shall be made by the City to permit members of the F.O.P. Bargaining Unit to attend scheduled meetings with the City for the purpose of negotiating. This will include such on -duty members, but subject to the "Manpower Rule" as defined. ARTICLE 8. MEETINGS AND CONFERENCES A. Delegates Selection or elected delegates to the State or National Conferences of the Fraternal Order of Police (hereafter called F.O.P.) shall be governed exclusively by the F.O.P. provided that not more than four (4) members of the Richmond Police Department shall be delegated to such conferences, limited by the "Management Rule" as defined. B. Meetings of the F.O.P. It is understood by the parties to this Agreement that the F.O.P. conducts regular meetings. Accordingly and in keeping with the above, any three members of the F.O.P. Bargaining Unit shall be excused for the duration of said meeting subject to the "Manpower Rule" as defined. C. In the event that any member should be elected to an office of the State or National F.O.P. Lodge, that member shall have all necessary time off from his duties, without loss of pay to perform the duties as required by his office. The only exception would be, should the City (Board of Works and Safety) officially declare a state of emergency, this exception would only last during said emergency. ARTICLE 9. F.O.P. BULLETIN BOARD A bulletin board for the exclusive use of the Fraternal Order of Police shall be retained on a wall of the police squad room, Police Headquarters, and maintained under the supervision of the F.O.P. President or his designee. 3 ARTICLE 10. LEGAL DEFENSE FOR MEMBERS The City shall be obligated to provide legal defense by the City Attorney's Office or the City's or the Police Department's insurance carrier in any civil legal action brought against any member of the F.O.P. Bargaining Unit as a result of actions taken by said members while performing duties for the City in accordance with I.C. 34-13-3-5. ARTICLE 11. NO STRIKE CLAUSE, NO LOCKOUTS The F.O.P. Bargaining Unit agrees that it shall at no time instigate, or be a party to any strike or any other type of disruption which may jeopardize public safety. The City agrees there will be no lockout or any attempt to deny or cause to deny a police officer his or her individual rights of expression permitted by law. ARTICLE 12. WORK FORCE PLANNING If it becomes necessary to reduce the number of police officers, the City shall first discuss the matter with the F.O.P. Negotiating Committee for the purpose of explaining the reasons for such action. The parties assume normal attrition will satisfy the possibility of reducing the number of police officers without layoff. When attrition reduces the size of the police force, a hiring process for replacements shall begin within a thirty (30) day period. ARTICLE 13. RULES AND REGULATIONS A copy of all rules and regulations shall be furnished to each member of the Police Department. The copy may be provided by either printed copy or electronic compact disc. All directives and amendments shall be read by the Captain or his or her representative and signed by everyone in each platoon or specialized division. A member is not responsible for an amendment or directive if he or she is not made aware of it. ARTICLE 14. DISCIPLINARY ACTION In an effort to ensure that disciplinary action is conducted in a manner, which is conducive to good order, upon receipt of any internal or external complaint regarding a member of the bargaining unit, the Chief of Police or his designee must give written notice of the complaint to such member within 72 hours after the complaint has been submitted to Internal Affairs. In the event said member cannot be reached during this period, reasonable and documented efforts shall be maintained until which time notification is made. No notice will be given in instances where the alleged misconduct is criminal in nature or is of an ongoing nature, such that it would be necessary or advisable to investigate the matter without the member's knowledge. n ARTICLE 15. GRIEVANCE PROCEDURE A grievance is any dispute, controversy or difference between either 1) the parties, 2) the City and a member or members in the F.O.P. Bargaining Unit, 3) among members in the F.O.P. Bargaining Unit. Any grievance concerning the meaning, interpretation or application of this Agreement shall follow the following described procedure, but any other grievance may likewise follow this procedure. Police Department will provide the grievance forms. The grievance committee shall be made up of the standing F.O.P. Negotiating Committee. The member filing the grievance will complete and submit his or her grievance, two (2) copies, to the committee within ten (10) calendar days of the member becoming aware of the incident he or she feels aggrieved them, for review by the grievance committee. Upon receipt of the two copies of the grievance, the committee chairman, or his designee, will immediately forward one copy to the Chief's Office. The grievance committee has ten (10) calendar days to present the grievance to the chain of command. Upon approval by the grievance committee, the aggrieved member and any member of the grievance committee said aggrieved member may select, shall present the grievance to the member's immediate supervisor, no lower in the chain of command than where the grievance originated. The grievance shall be signed by this supervisor and, if not resolved, it shall be presented to the next supervisor. The normal chain of command for a grievance to follow shall be: 1. Sergeant 2. Lieutenant 3. Captain 4. Major 5. Chief of Police or his representative 6. Board of Public Works and Safety In steps 1 to 3, if the person in the normal chain of command is off duty, the grievance shall proceed to the next step. If the grievance is not resolved by the Chief of Police or his representative, it shall then be presented to the Board of Public Works and Safety. The grievance must be presented to the President of the Board of Public Works and Safety within ten (10) calendar days of the date the grievance was first presented to the chain of command. The Board of Public Works and Safety shall have ten (10) calendar days from the date the grievance is filed with them to set a date for a hearing. The Board of Public Works and Safety has thirty (30) days from the date the President received the grievance to settle the matter. 5 ARTICLE 16. WAGES New Officers/Recruits hired on or after 01/01/2007, who have not completed the full ILEA Basic Training program, shall be paid 80% of the rate of a 1st Class Patrolman during their first year of employment. New Officers/Recruits hired on or after 01/01/2007, who are transferring from another Law Enforcement Agency and have completed the full ILEA Basic Training program (or equivalent), shall be paid 90% of the rate of a I' Class Patrolman during their first year of employment. Officers who have completed a minimum of one (1) year of service, in good standing, shall be paid as a 1st Class Patrolman. Such wage shall be: 2017-2018 $44,109.54 A permanent wage differential per year in the ranks over Patrolman is established as follows: 2017-2018 Investigator $2,069.58 Sergeant $4,139.16 Lieutenant $5,521.26 Captain $6,900.30 Wages will be paid on a biweekly basis. The first paycheck of each year will be issued no later than the 14'' day of January. ARTICLE 17. TOUR OF DUTY The work period for members of the F.O.P. Bargaining Unit shall consist of twenty-eight (28) days, one hundred -sixty (160) working hours. The work period will be broken into four (4) work schedules measuring seven (7) days in length consisting of five (5) working days, eight (8) hours per day. No officer may have his or her day off or shift changed without first receiving fourteen (14) days prior written notice, unless that officer agrees by written notification to waive the fourteen (14) day time period. This does not apply in an emergency situation. Members of the FOP Bargaining Unit recognize the right of the police administration to consider and implement alternative work schedules for the benefit and efficiency of the department. In such instances, alternative work schedules may be implemented according to the following guidelines. In such event, the administration shall present a complete detailed plan of the proposed work schedule, to include, but not limited to, days worked, hours worked, rotation of days off, proposed effect on computation of vacation days, overtime, etc. Such plan shall be presented to members of the FOP Bargaining Unit who are affected by such change. A vote shall be taken of the affected membership and must pass by a two thirds (2/3) majority. Upon passage, such plan may be implemented following a 30 calendar day time period. If such change is implemented, the change shall be implemented for a period of not less than six 2 (6) months or more than twelve (12) months. If the change is deemed successful, then contractual language will be added to the current Labor Agreement to reflect the new work schedule in detail using the appropriate contract approval process as outlined in Article 36 of this Agreement. In the event that such plan is found to be ineffective during the initial trial period, the original work schedule outlined above shall be implemented following a 30-day notice for the remainder of the calendar year. ARTICLE 18.OVERTIME A twenty-eight (28) day work period will be established for members of the F.O.P. Bargaining Unit qualified for exemption under Section 7 (k) of the Fair Labor Standards Act. The regular working schedule for members of the F.O.P. Bargaining Unit shall consist of five (5) days of eight (8) hours each for a total of forty (40) hours in a seven (7) day working schedule in the twenty- eight (28) day work period. The seven (7) day work schedule will begin on Saturday and end on Friday. Any time worked over eight (8) hours per day or forty (40) hours per seven (7) day period shall be considered overtime. A member of the F.O.P. Bargaining Unit may request a portion of his or her accumulated overtime as time off (in lieu of pay, at a rate two (2.0) hours off work per hour of overtime cashed in). The Chief of Police or his or her representative with regard to the "Manpower Rule" will authorize time off. (Time off for banked overtime is conditional and subject to denial / revocation if it becomes necessary to maintain minimum shift manpower, provided the denial / revocation occurs prior to forty-eight (48) hours of the requested day off.) Hourly overtime pay rate is the member's annual base pay including differential for rank, longevity, education incentive, shift differential and certification pay divided by two thousand eighty (2,080) hours times one and one-half (1 1/2). Overtime work hours for each officer can be banked up to two hundred (200) overtime hours. A member of the FOP Bargaining Unit may request payment for all or a portion of his or her accumulated overtime by submitting a written notice for such pay as per the established procedures set by the Chief of Police. All members shall receive court time for off -duty court appearances with a minimum of two (2) hours for each such appearance, all with written verification by the Court Bailiff, a representative of the Public Defender's Office or a representative of the Prosecutor's Office to be figured at the overtime rate. All members shall receive a minimum of four (4) hours overtime when they are called in for duty, outside their scheduled tour of duty. All members working overtime details (i.e. — fireworks, concerts, parades, etc) shall be paid a minimum of two (2) hours overtime per event, per day, said member was scheduled to work. An exception to this would be if the member was given a minimum advance notification of six (6) hours of a cancellation or change. 7 In the event the City (Board of Public Works and Safety) officially declares an emergency period, the members of the F.O.P. Bargaining Unit shall receive the overtime rate for each hour worked beyond forty (40) hours per work schedule during said emergency. ARTICLE 19. SCHEDULED AND/OR OUTSIDE CONTRACT WORK All part time work, which is contracted or scheduled by the Richmond Police Department, including but not limited to, the housing project security patrols, selective traffic enforcement and City festivals, shall be awarded by departmental seniority. Each detail and any applicable shift therein shall be posted on the daily book, which is maintained at the Police Department information desk. It shall be the member's responsibility to sign up for any detail desired. Normally, any such law enforcement related work shall be limited to twenty-four (24) hours per week, whether or not scheduled through the department. The Chief of Police or his/her authorized representative can increase this twenty-four (24) hour limitation if deemed necessary. Each overtime opportunity shall constitute a separate detail, and shall be posted as such. Multiple shifts of one detail within the same calendar day shall constitute parts of the same detail, and an officer may only work one such shift through the use of his or her seniority unless no other officers have signed up to work the other shifts. The Department Major or his designee responsible for the community event or part time assignment shall record the time and date that each detail was posted and removed, as well as maintain the original document in the event that a grievance is filed. Any off -duty security type function that is scheduled and paid through the department and occurs or is projected to occur on a continuous basis throughout the year (i.e. Richmond Housing and any similar future security details) shall be excluded from these provisions. Overtime needs for regular shifts shall not be governed by these procedures. These overtime needs may be filled based on seniority from the officers working the shift immediately prior to the shift where overtime is needed provided the need is not known for forty-eight (48) hours. Qualifications for Overtime For an officer to be offered the opportunity to work overtime for a platoon or division, that officer must be qualified to perform the essential functions of that position. This call -in procedure applies only to the patrol division. Traffic Division, Investigations, Youth Services, and Special Investigations Unit are not applicable. All sworn police officers covered by the contract are eligible to be called for overtime to perform the function as a patrol officer in the patrol division. All supervisors with the rank of Sergeant, Lieutenant, and Captain are eligible to work overtime in a patrol officer's position, or as a platoon supervisor, as needed. Maximum Hours Worked An officer is restricted to the number of hours that they may work in an extra -duty or off -duty employment. An officer is restricted to twenty-four (24) hours per week of extra -duty or off -duty employment. This call -in for overtime hours shall apply towards the maximum number of hours an officer is available with the exception of call outs where an immediate response is required, i.e.: SWAT, K-9, Water Rescue, investigative. It is the responsibility of each officer to keep track of his or her numbers of hours worked in extra -duty or off -duty employment and in the call -in for overtime, and not exceed the maximum of twenty-four (24) hours in a period of one week. Should an officer be contacted for call -in overtime and that officer is ineligible because of available hours, the officer should inform the supervisor of this. The total number of hours worked does not include overtime from a regular tour of duty or court time. An officer called -into work under this policy shall be guaranteed a minimum of four (4) hours of overtime. A supervisor may choose to only keep an officer for part of a shift. Manpower The platoon Captain along with the Chief of Police, or designee shall establish an acceptable minimum manpower that their platoon or division will work with. That platoon's Lieutenant and Sergeant shall follow the established guidelines as set by the Captain. The established manpower will be different between platoons, the days of the week, the time of year, weather conditions, and the expected activity for the platoon or division. In addition, common sense and experience of the supervisors will assist in determining the minimum manpower for a given day. Supervisors shall count as manpower when establishing the minimum for each platoon. ARTICLE 20. FIVE (5) DAY WEEKEND All qualified members will be permitted off on the Friday that is designated their "five (5) day weekend". Each member will be given an additional four (4) days off per year at the discretion of his or her supervisor. All qualified members will be permitted off for their birthday and their anniversary date of hire with the Richmond Police Department. ARTICLE 21. VACATIONS Z All full-time members of the F.O.P. Bargaining Unit will follow this procedure for earning and taking vacations. 1. Vacations shall be earned by all full-time members at a rate of five (5) vacation days after six (6) months continuous employment which vacation shall become a total of ten (10) work days after one (1) year continuous employment. This shall be the members' total number of vacation days until he or she has earned bonus vacation days. 2. Members shall be eligible for bonus vacation leave upon completion of three (3) years continuous employment and for various years thereafter according to the following schedule. The bonus vacation leave will be added at the end of the third year anniversary date and on every anniversary date thereafter of continuous service as follows: 3 Years-6 days 11Years- 15 days 4 Years-7 days 12Years-15 days 5 Years-8 days 13 Years-15 days 6 Years-10 days 14 Years-15 days 7 Years-10 days 15 Years-15 days 8 Years-10 days 9 Years-10 days 10 Years-15 days Additional Bonus Vacation leave is accumulated for all members of the F.O.P. Bargaining Unit hired prior to January 1, 2007 as follows: 16 Years - 16 days 17 Years - 17 days 18 Years - 18 days 19 Years —19 days 20 Years and thereafter — 20 days Bonus Vacation Leave shall be considered as workdays. 3. Officers may elect to take their vacation one (1) day at a time. A forty-eight (48) hours notice must be given prior to the use of a vacation day or combination of vacation days. The Chief of Police or his or her representative with regard to the "Manpower Rule" will authorize time off. 4. The Chief of Police or someone he designates will arrange vacation schedules. 5. No more than two (2) members will be permitted on vacation from each platoon or Specialized Division at one time. This provision excludes any division designated by the Chief of Police subject to the "Manpower Rule" as defined. Any members may use his or her five (5) day weekend adjacent to his or her vacation period. This provision would also apply to those four (4) day yearly bonus days, as well as the four personal days. 6. The Vacation Schedule will start on the first Monday in January, of each year. 10 7. Captains, Lieutenants, and Sergeants will select vacations by rank. The supervisor's vacation selection shall have no effect on the available vacation schedule of the other members of the Bargaining Unit. 8. All other members of the bargaining unit shall select vacation by seniority. There shall be no more than two patrol officers/investigators off of each shift or special division at a time, provided this provision excludes days taken according to item three (3) above. However, the officer must select the option at the beginning of the calendar year. 9. Not withstanding a manpower shortage on a given day, the maximum of two (2) officers shall be granted their vacation/personal/bonus/birthday/FOP or hire anniversary day request. Additional officers may be granted their requested day off if it does not create a manpower shortage. The supervisor may solve the shortage from within the shift first. However, it shall be the officer's duty to help fill the manpower shortage. The officer may ask any qualified officer to fill in for him or her for overtime pay. This shall be done with an inter -office memo signed by both officers and given to the shift supervisor. In addition, there will be an overtime board placed in the patrol squad room. The supervisor shall place dates on this board to assist in finding the needed manpower for the shift. Officers that wish to work on any of the posted days must submit an inter- office memo to the shift supervisor. The day off will not be granted if an officer or supervisor cannot find a replacement within forty-eight (48) hours of the requested day off. 10. Those members, who elect to divide their vacations, must wait until all officers on their shift/division have made their selection, before selecting an additional period. 11. All vacations that are selected five (5) days at a time shall start on Monday. 12. All requested changes in the vacation schedule must be approved by the Police Chief or his/her authorized representative. 13. The vacation request forms must be completed and submitted to the Police Chief or his/her authorized representative by the First Friday of March. 14. All vacation days must be taken during the calendar year. ARTICLE 22. PAID HOLIDAYS All members of the F.O.P. Bargaining Unit agree there will be no paid holidays as of January 2014. ARTICLE 23. PERSONAL DAYS Each member of the F.O.P. Bargaining Unit may elect to take four (4) personal days per year. The member must notify his or her supervisor of the date he or she has elected at least forty-eight (48) hours in advance of said date. This is subject to the "Manpower Rule" as defined. 11 Notwithstanding any other language within this contract, a member shall not qualify for either the personal days herein or the additional days set forth in Article 20 until the end of their one-year probationary period in the department. As a result, members reaching their first anniversary date shall receive their own personal days and bonus days at a prorated schedule. When the member's anniversary date falls during the first quarter of the calendar year, that member shall receive four personal days and four bonus days. If the anniversary date falls during the second quarter of the calendar year, the member shall receive three personal days and three bonus days. If the anniversary date falls during the third quarter of the calendar year, the member shall receive two personal days and two bonus days. If the anniversary date falls during the fourth quarter of the calendar year, the member shall receive one personal day and one bonus day for that year. All personal days herein and bonus days pursuant to Article 20 must be taken during the same calendar year that the member earns such day. Such days cannot carry over to an additional calendar year. ARTICLE 24. LONGEVITY PAY As an incentive for continuous service with the Richmond Police Department, each sworn Police Officer shall receive an amount equal to five hundred dollars ($500.00) in addition to their regular base pay. The five hundred dollars ($500.00) will be paid at the completion of the officer's first year of service and will be increased by 0.5% (1/2of 1%) of the base salary of a first class patrolman on the first year anniversary date. On the anniversary date of each successive year of the officer's employment, the longevity pay shall increase at a rate of 0. 5% (1/2of 1%) of the base salary of a first Class Patrolman. Such successive increases of longevity pay shall be cumulative in nature. ARTICLE 25. CLOTHING ALLOWANCE The City agrees to pay all members of the F.O.P. Bargaining Unit a clothing allowance of seven hundred dollars ($700.00) for the year 2017 and 2018, payable on or about the first day of July. ARTICLE 26. SHIFT PAY Additional annual compensation in the amount of nine hundred twenty five dollars ($925.00) for the year 2017 and 2018 shall be paid to those members, covered by this Agreement, who work rotating shifts or who are permanently assigned to second or third shift. Temporary or rotating assignments on these shifts will be paid at pro -rated amounts for the time of the assignments. ARTICLE 27. EDUCATIONAL INCENTIVE Each member of the F.O.P. Bargaining Unit having obtained the following educational degrees shall receive an additional compensation yearly: 2017 and 2018 Associate Degree $ 750.00 12 Bachelor Degree $1250.00 Masters Degree $1850.00 This compensation shall begin with the next pay period following receipt of such degree and the amount stated above shall be pro -rated over the balance of the year in which the degree is received. The said amount shall likewise be pro -rated for a probationary member starting with the pay period following the termination of his probationary period. An educational institution approved by one of the following regional accrediting associations, which have been recognized by the Council for Higher Education Accreditation (CHEA) must grant such degree: 1. New England Association of Colleges and Secondary Schools, Commission of Institutions of Higher Education. 2. Middle States Association of Colleges and Schools. (MSA) 3. North Central Association of Colleges and Schools. 4. Northwest Commission on Colleges and Universities. 5. Southern Association of Colleges and Schools. 6. Western Association of Schools and Colleges. Accrediting Commission for Senior Colleges and Universities. 7. Western Association of Schools and Colleges. Accrediting Commission for Community and Junior Colleges. Any individual exception approved to date shall continue in effect. All Firearm Instructors shall receive additional compensation of $1,000.00 per year. ARTICLE 28. INSURANCE A. Active Employee Coverage. The City shall provide the same PPO group health insurance for members of the F.O.P. Bargaining Unit as is provided for other City employees. The City shall pay eighty per cent (80%) of the cost thereof and the said member shall pay twenty per cent (20%). The Health Insurance Policy shall include basic medical as well as major medical coverage. The City agrees to keep the employee contributions at Plan year 2016 rates for the year 2017. The City agrees to recognize each Union regarding insurance matters. The Union recognized are FOP, IAFF, AFSCME, Transit Union (referred to hereafter as Bargaining Units). 13 The City and Bargaining Units agree to recognize the following guidelines for the Committee; 1. One (1) vote per local Union and one (1) for civilian employees. 2. Committee agrees to recognize one (1) member from the City Council as a liaison and they shall have no voting privileges. 3. The Committee may meet at least once per month and the City will provide financial statements for the previous month. 4. The City agrees that any funds moved out of the Health Insurance Fund must come to the committee for a majority vote. The vote of the Health Insurance Committee will be used as a recommendation tool to the City Council. 5. A Recording Secretary will also be appointed to keep minutes of each meeting with no voting rights. The City shall carry basic medical and major medical coverage at levels comparable to the existing coverage. At the time the City Healthcare committee agrees to decrease the benefits, the Bargaining Committee agrees to call a meeting of the Bargaining Unit and present the recommendations of the City Healthcare Committee to the members of the Bargaining Unit for a vote. The Bargaining Unit agrees to follow the majority vote of its members and agrees to allow a change in the level of basic medical and major medical coverage if so voted. Working spouses either full-time or full-time equivalent, as defined by state law in which the spouse is employed, of active employees or retirees with Healthcare coverage available shall not be covered by the City's Healthcare Plan. B. Retiree Insurance Benefits. A retiree who chooses to remain on City insurance shall be allowed to remain a part of the City's PPO group health insurance coverage subject to the following terms and conditions: 1. If the retiree elects to remain part of the PPO Plan, the City shall charge one dollar ($1) annually for coverage for the retiree and/or his/her spouse who exists at the time of retirement. (Such $1 premium does not cover subsequent spouses.) The premium coverage for any additional dependent(s) on the PPO Plan shall be equal to the cost of premiums charged to other city employees with the following clarification, to -wit: one child shall be equal to the "single" cost, two or three children shall be equal to the cost for "two/three" coverage; etc. Any spouse of a current retiree or current full time employee that has signed up for the PERF DROP program prior to January 01, 2013 will still be eligible to remain on the City's Healthcare Plan. 2. For purposes of retiree insurance benefits, coverage under any plan, at any cost, shall only be available to dependent children of the retiree in existence at the time of retirement (or born subsequent to retirement with a spouse in existence at the time of retirement), and not to subsequent stepchildren or natural children born with a subsequent spouse. 3. A retiree who subsequently obtains other full-time or full-time equivalent employment, as defined by state law in which the retiree is employed,that offers Healthcare Insurance shall not be covered by the City of Richmond's Healthcare Plan as primary, with the City of Richmond's Healthcare Plan as secondary, if allowed by state or federal law. 14 Current retirees and current full-time employees that have signed up for the PERF DROP Program prior to January 01, 2013 will still be eligible to remain on the City's Healthcare Plan. 4. An Eligible Retiree who has obtained subsequent insurance coverage through a successor employer and later loses that coverage for any reason may re -enroll in the City's insurance plan and be entitled to the above City contribution toward such insurance. If the retiree re -enrolls during a calendar year, the City's contribution for that calendar year shall be pro -rated on a monthly basis starting with the month that the retiree becomes eligible for coverage under the City's plan. All other plan provisions, including Pre -Existing limitations, shall apply. In any such case, the retiree and his/her dependents shall not be covered for pre-existing conditions as those conditions are then defined at the time of re - enrollment by the City's plan documents. 5. The City's contribution for retiree health insurance benefits shall continue until the retiree becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 13895, et.seq. The retiree's eligibility for retiree health insurance benefits shall continue until the retiree or spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395, et.seq. The amount of the City's contributions to any retiree hereunder shall be subject to subsequent modification through the collective bargaining process and any resulting change in the terms of this Collective Bargaining Agreement, whether such changes occur before or after a particular retiree's effective date of retirement. 6. For purposes of this Article 28, an "Eligible Retiree" is defined to be any member of The F.O.P. Bargaining Unit who retires from active duty on the force, in good standing, and with twenty (20) or more years of accredited service as recognized in the particular retirement program in which the member is a participant [i.e. The 1925 Police Pension Fund (I.C. 36-8-6-1, et.seq.) or The 1977 Police Ofcers'and Firefighters ` Pension and Disability Fund (I.C. 36-8-8-1, et.seq.)] or any member who, while an active member of the Department, becomes disabled as determined by the PERF Board.. 7. The insurance contribution benefits hereunder shall only be available to those Eligible Retirees whose first effective date of retirement is on or after January 01, 1996, and to those retirees and/or dependents of a retiree who are participating in the City's group health insurance plan as of December 31, 1995. ARTICLE 29. PRESCRIPTION EYE DEVICES The City agrees to replace prescription eye devices broken or damaged in the line of duty. This damage is to be certified by the Shift/Division Supervisor ARTICLE 30. PURCHASE OF DUTY WEAPONS A retiring officer may purchase his duty weapon and shotgun for one dollar ($1.00) each from the City. The City of Richmond will provide a "Retired Police" badge to each retiring officer. 15 ARTICLE 31 PREVAILING RIGHTS All rights, privileges and working conditions enjoyed by the members of the F.O.P. Bargaining Unit at the present time, which are not included in this Agreement, shall remain in full force, unchanged, and unaffected in any manner, during the term of this Agreement unless agreed upon by the City and the F.O.P. Bargaining Unit. This will include, but not be limited to, Seniority Rights and an Officers Bill of Rights as more particularly set out in Article 35 of this Agreement. ARTICLE 32 COMMON COUNCIL The financial aspects of this Agreement are expressly subject to the approval by the Common Council of the City of Richmond and same are null and void and of no effect in the absence of such approval. The City will use its efforts towards obtaining the said approval of the Common Council. ARTICLE 33. BODY ARMOR The City of Richmond shall replace each member's personal body armor as prescribed by the manufacturer's warranty. All body armor shall conform to level two (2) threat, be of current state of the art design constructed of a "Kevlar" fiber and include trauma plate and side panels. All replacements shall occur prior to the expiration of the manufacturer's warranty applicable to the armor being replaced. ARTICLE 34 PENSION FUND The City has taken all necessary action to cause employee contributions to the Pension and Disability fund to be tax deferred which action took effect the fourth quarter of the year 2000, and will continue through the term of this Agreement. Pension benefits for members of the 1925 Plan shall be calculated based on base pay plus twenty four (24) years of longevity (1 /2 of 1 % times 24). Pension benefits for members of the 1977 Plan shall be calculated based on base pay plus twenty (20) years of longevity (1 /2 of 1 % times 20). Calculation Examples: (77) Plan Formula: Base Pay x '/z of 1% = Sub Total x 20 years = Sub Total + 1st year $500.00 = Sub Total + Base = Certification Base Example: $44,109.54 x .005 = $220.55 x 20 = $4,410.95+$500.00=$4910.95+44,109.54 = $49,020.49 (25) Plan Formula: Base Pay x 1/2 of 1% = Sub Total x 24 Years = Sub Total + lst year $500.00 = Sub Total + Base = Certification Base Example: $44,109.54 x .005 = $220.55 x 24 = $5,293.14+$500.00=$5,793.14+$4910.95+44,109.54 = $49,902.68 16 ARTICLE 35. POLICE OFFICER'S BILL OF RIGHTS All police officers of the Richmond Police Department shall be entitled to the protection of what shall hereafter be termed as the "Police Officer's Bill of Rights. SECTION 1. DEFINITIONS. (1) Police Officer - A sworn officer functioning in a full-time capacity with the Richmond Police Department and who is a member of a police pension fund. (2) Complainant - The person or persons named or unnamed providing the information constituting the basis for the alleged improper conduct. (3) Formal Proceeding - A proceeding heard before the Richmond Police Department merit commission. SECTION 2. INVESTIGATIVE PROCEEDINGS. When a police officer is under investigation for alleged improper conduct with a possible resulting dismissal, demotion, or other discipline, the following standards apply. (1) Any interview of a police officer shall take place at the Richmond Police Department when possible or such other reasonable place as the investigating officer may determine. (2) The police officer being investigated shall be informed, at the commencement of his or her interview of - (A) The nature of the investigation. (B) The identity of the person(s) present during the interview. (3) During the interview of the police officer, questions will be posed by one (1) investigating officer at a time. No more than two (2) investigating officers should be present during the interview. (4) Any interview of a police officer in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for personal necessities of the officer. (5) All interviews of a police officer in connection with an investigation against him or her shall be recorded, except minor infractions. The police officer shall be allowed to take notes and or also make his own independent recording of the interview. (6) The police officer shall be entitled to the presence of his attorney during the interview. SECTION 3. PERSONAL PRIVILEGES 17 (1) No police officer shall be required to disclose any item of his or her personal property, income, assets, source of income, or personal or domestic expenditures, including those of any member of his or her household, unless such information is necessary in investigating a possible conflict of interest with respect to the performance of the officer's official duties, unless such disclosure is required by law, or unless such information is related to the investigation. Nothing in this section shall preclude the Police Department from requiring any officer to disclose any place of off -duty employment and where he or she may be contacted. (2) No police officer shall have his or her residence, private place of business or private vehicle searched unless a valid search warrant is obtained or the officer voluntary agrees to such a search. (3) No member of the police officer's immediate family shall be required to give a statement. (4) The Police Department shall not release to the news media a police officer's home address or telephone number except in cases of a criminal arrest or indictment. SECTION 4. POLITICAL ACTIVITIES Except when on duty, while in uniform or acting in his or her official capacity, no police officer shall be prohibited from engaging in political activity. SECTION 5. PERSONNEL FILES A police officer shall have the right to review his or her personnel files at a reasonable time during office hours. No files shall be removed from the office without the Chief's consent. ARTICLE 36. ELECTIONS & VOTING Whenever a vote or election is held, (with the exception of the Negotiating Committee vote at the Annual Pension Board Meeting), it will be conducted in the following manner: I . Information relevant to the vote or election, as well as the dates and times of the vote or election will be posted for a minimum of fourteen (14) days. 2. The ballot box will be manned by a Negotiating Committee Member the whole time it is accessible for voting. 3. There will be a sign off sheet accompanying the ballot box that anyone casting a vote will be required to sign. The Negotiating Committee member manning the ballot box at that time will initial next to the voting members signature. 4. Voting will be available on each shift at the times specified above for a minimum of two (2) hours per shift. Any member wishing to vote but being detained on a call will need to contact the Committee Member at Headquarters so a voting time can be established. 5. Anyone knowing they will not be available to vote on the specified dates and times may cast their vote by absentee ballot with any member of the Negotiating Committee. This may only be done within the fourteen (14) day period following the posting of the vote or election. The individual needing to vote early, will be supplied with a ballot, he/she will mark and place in a sealed envelope. He/she will also be required to sign the sign off sheet with the Committee Member receiving his/her vote, initialing the sheet beside that individual's name. The envelope will remain secure with the committee Member until which time he/she can place it in the ballot box. 18 6. In the event of an unforeseen situation that the Negotiating Committee deems as needing immediate attention, the fourteen (14) day posting period will be waived. In such a situation the issue(s) to be voted upon will be posted. Members of the Negotiating Committee will make a reasonable attempt to notify each member of the Bargaining Unit of the impending vote. During such a vote, sections 2, 3, 4 and 5 of this article will be followed. 7. Following the voting, no less than three (3) members of the Negotiating Committee will count the ballots with the results being posted. 8. All sworn police officers of the Richmond Police Department are eligible to vote. ARTICLE 37 EFFECTIVE DATE This Agreement shall become effective January 01, 2017 and shall continue in full force and effect until 12:00 midnight December 31, 2018. The City and the FOP Negotiating Committee agree to reopen the Agreement to negotiate economics on or about the first of February, 2017 for 2018. In the event that the parties have not reached a new agreement by the contract expiration date set forth above, this agreement shall continue in full force and effect for a period of one (1) year from the contract expiration date set forth above. Either party may request to re -open this agreement for the purpose of resolving a mutual problem not anticipated at the time of ratification and execution of this agreement. Both parties must be in agreement, prior to the re -opening of this agreement. ARTICLE 38. MISCELLANEOUS On or before the 15th of February prior to the expiration date of this Contract, the City and Union agree to meet and negotiate amendments or modifications to this Contract. IN WITNESS WHEREOF, the parties, by their duly authorized representatives, execute this Agreement as of the date first set forth above although signatures are affixed on the dates below. NEGOTIATING COMMITTEE FOR F.O.P. B RGAINING UNIT Donald Benedict Aw%' THE CITY OF RICHMOND, INDIANA, by and through its Board of Public Works and Safety L� 19 Date: R. Austin Lipps _ APPROVED B YOR- Date: � � r/ % Snow City of Richmond Date: 5i 1 � /w 2 19 R1