HomeMy Public PortalAbout020-2014 - POLICE - JOHN HENNIGER LODGE #63AGREEMENT
BETWEEN
THE CITY OF RICHMOND, INDIANA
JOHN HENNIGAR LODGE #63
FRATERNAL ORDER OF POLICE
JANUARY 01, 2014
THROUGH
DECEMBER 31, 2014
Contract No. 20 -2014
INDEX
ARTICLE
1
CONTROLLING AUTHORITY
PAGE 1
ARTICLE
2
MANPOWER
PAGE 1
ARTICLE
3
RECOGNITION
PAGE 2
ARTICLE
4
MANAGEMENT RESPONSIBILITIES
PAGE 2
ARTICLE
5
NON-DISCRIMINATION
PAGE 3
ARTICLE
6
SEVERABILITY
PAGE 3
ARTICLE
7
NEGOTIATIONS
PAGE 3
ARTICLE
8
MEETINGS AND CONFERENCES
PAGE 3
ARTICLE
9
F.O.P. BULLETIN BOARD
PAGE 3
ARTICLE
10
LEGAL DEFENSE FOR MEMBERS
PAGE 4
ARTICLE
11
NO STRIKE CLAUSE, NO LOCKOUTS
PAGE 4
ARTICLE
12
WORK FORCE PLANNING
PAGE 4
ARTICLE
13
RULES AND REGULATIONS
PAGE 4
ARTICLE
14
DISCIPLINARY ACTION
PAGE 4
ARTICLE
15
GRIEVANCE PROCEDURE
PAGE 5
ARTICLE
16
WAGES
PAGE 5
ARTICLE
17
TOUR OF DUTY
PAGE 6
ARTICLE
18
OVERTE14E
PAGE 7
ARTICLE
19
SCHEDULED AND/OR OUTSIDE
PAGE 8
CONTRACT WORK
ARTICLE
20
FIVE (5) DAY WEEKEND
PAGE 9
ARTICLE
21
VACATIONS
PAGE 10
i
INDEX
ARTICLE
22
PAID HOLIDAYS
PAGE 12
ARTICLE
23
PERSONAL DAYS
PAGE 12
ARTICLE
24
LONGEVITY PAY
PAGE 13
ARTICLE
25
CLOTHING ALLOWANCE
PAGE 13
ARTICLE
26
SHIFT PAY
PAGE 13
ARTICLE
27
EDUCATIONAL INCENTIVE
PAGE 13
ARTICLE
28
INSURANCE
PAGE 14
ARTICLE
29
PRESCRIPTION EYE DEVICES
PAGE 16
ARTICLE
30
PURCHASE OF DUTY WEAPONS
PAGE 16
ARTICLE
31
PREVAILING RIGHTS
PAGE 17
ARTICLE
32
COMMON COUNCIL
PAGE 17
ARTICLE
33
BODY ARMOR
PAGE 17
ARTICLE
34
PENSION FUND
PAGE 17
ARTICLE
35
POLICE OFFICER'S BILL OF RIGHTS
PAGE 18
ARTICLE
36
ELECTIONS AND VOTING
PAGE 19
ARTICLE
37
EFFECTIVE DATE
PAGE 20
ARTICLE
38
MISCELLANEOUS
PAGE 20
i
AGREEMENT
This Agreement executed as of January 1, 2014, 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 parry 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 current size of the City Police force is deemed
appropriate. 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. 20-2014
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 #63, 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.
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ARTICLE 5. NON-DISCRINIINATION
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 parry 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 effect 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.
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 STRIDE 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 compliant 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.
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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
The City Administration agrees to seek approval from City Council to increase the base wage of a
patrolman by the amount of Holiday Pay and revise Holiday Pay ( Article 22) effective January 1,
2014.
If the Holiday Pay Proposal is approved by the City Council the City shall pay wages to members of
the F.O.P. Bargaining Unit as follows:
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 lit 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 1 St 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:
2014 $43,244.65
A permanent wage differential per year in the ranks over Patrolman is established as follows:
2014
Investigator
$2,029.00
Sergeant
$4,058.00
Lieutenant
$5,413.00
Captain
$6,765.00
Wages will be paid on a biweekly basis. The first paycheck of each year will be issued no later than the
14th 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 (A 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
(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.
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 iuoi 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
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 (S) 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.
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. All members shall be granted an additional day's pay at his or her normal rate of compensation, if
any established holiday falls within the selected vacation, regardless of whether the holiday is on a
scheduled day off.
11. 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.
12. All vacations that are selected five (5) days at a time shall start on Monday.
13. All requested changes in the vacation schedule must be approved by the Police Chief or his/her
authorized representative.
14. The vacation request forms must be completed and submitted to the Police Chief or his/her
authorized representative by the First Friday of March.
15. 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, if the Council approves
the City Administration's proposal to add Holiday Pay to the base wages of a patrolman. Holiday Pay
equaled one and one-half (1 1/2 ) days pay of a twenty (20) year patrol officer's base pay multiplied by
13 holidays, was the amount requested to be transferred to the base pay permanently starting January 1,
2014.
All members of the F.O.P. Bargaining Unit agree to forgo any bonuses for the calendar year 2013 and
2014.
However, if City Council rejects the City's proposal to include Holiday Pay in the base wages of a
patrolman effective January 1, 2014 the base wage will revert to the 2013 base wage($39,913.53) and
holiday pay will be reinstated. F.O.P. members will then be given the bonuses approved by City
Council for other city employees.
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.
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 2014, 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 2014 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:
2014
Associate Degree
$ 750.00
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 recognize each Union regarding insurance matters. The Union recognized are FOP,
IAFF, AFSCME, Transit Union (referred to hereafter as Bargaining Units).
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.
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.
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 1/2 of 1% = Sub Total x 20 years = Sub Total + 1st year $500.00 =
Sub Total + Base = Certification Base
Example; $38,751.00 x .005 = $193.76 x 20 = $3875.20 + $500.00 = $4375.20 + $38,751.00 =
$43126.20
(25) Plan Formula: Base Pay x 1/2 of 1% = Sub Total x 24 Years = Sub Total + 1st year $500.00 =
Sub Total + Base = Certification Base
Example; $38,751.00 x .005 = $193.76 x 24 = $4,650.24 + $500.00 = $5,150.24 + $38,751.00 =
$43,901.24
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
(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:
1. 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.
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, 2014 and shall continue in full force and
effect until 12:00 midnight December 31, 2014. The City and the FOP Negotiating Committee agree to
reopen the Agreement on or about the first of February, 2014. 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. BARGAINING UNIT
J es astriano
Curtis D. Leverton
Donald -Benedict
'avid Glover
le-
R. Austin Lipps
THE CITY OF RICHMOND, INDIANA,
by and through its Board of Public Works
and Safety
Vicki Robinson
Date:
APPROVED BY MAYOR:
Date:
Sarah (Sally) Hutton
City of Richmond
Date:
rills Document A101' - 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
'payment is a Stipulated Sum
- AGREEMENT made as of the 13 day of February in the year 2014
(In vwrds, indicate day,; month and year.) ADDITIONS AND DELETIONS:
Yw The author of this document has
ETWEEN the Ovyner added information needed for its
(1Vame, legal'stgtus address and other information)
completion. The author may also
have revised the text of the original
City of Richmond, Tndia3a
AIA standard form. An Additions and
„
50:1Vorth.5J �Street
Deletions Report that notes added
Riirhmo T1473T4,,, ' ; '
information as well as revisions to
55 4$311
the standard form text is available
from the author and should be
and.dtC CbntracEOr �4
reviewed. A vertical line in the left
{wine, legal rtafus 'and other information)
margin of this document indicates
where the author has added
7ohn L max' well,;tnc,, dta+%vell Construction Company
necessary information and where
440 Nowlin'-Aventitr
the author has added to or deleted
Oreendale IN A7U2$
from the original AIA text.
$42-537-2200,.
This document has important legal
consequences. Consultation with an
for the following Protect . .
attorney is encouraged with respect
(Name; lo�auon ascription)
to its completion or modification.
AIA Document A201 Tm-2007,
WolverineWorldwide Existing Office Building Improvements
General Conditions of the Contract
City of Richmond -,Renovation of 1400-1500 Industries Road
for Construction, is adopted in this
i2lchrnond,�� �'�
document by reference. Do not use
with other general conditions unless
The Artcitect y
this document is modified.
(1Vam�statttg address antatfier information)
P'AEF Archit'ecturt ngineerr „ PC
18I1 4.A�IIe Road. NE ....
Init AIA Document A1017' — 2007. Copyright ®1915, 1918, 1925,1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
/ maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02106/2014, and is not for resale. Igg�4$gp
User Notes: Contract 24—ffi4 17)
TABLE OF ARTICLES
THE CONTRACT DOCUMENTS
THE WORK OF THIS CONTRACT
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
CONTRACT SUM
PAYMENTS
DISPUTE RESOLUTION
TERMINATION OR SUSPENSION
MISCELLANEOUS PROVISIONS
ENUMERATION OF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and
are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in
Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests,
the Owner's time requirement shall be as follows:
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date
of commencement, or as follows: June 6th, 2014
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work.)
Init. AIA Document A1011— 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 2
reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02/06/2014, and is not for resale.
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A penalty of $500.00 per day will be assessed for each day past the substantial completion date.
Portion of Work Substantial Completion Date
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Work.)
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be One Million Nine Hundred and Ninety Eight Thousand and Eight Hundred
Dollars ($ 1,998,800.00 ), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires)
§ 4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price Per Unit ($0.00)
§ 4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item
Price
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month,
the Owner shall make payment of the certified amount to the Contractor not later than the 1 st day of the next month.
If an Application for Payment is received by the Architect after the application date fixed above, payment shall be
made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment.
(Federal, state or local laws may require payment within a certain period of time)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
Init.AIA Document A101 TM — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 3
reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02/06/2014, and is not for resale.
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by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions
of the Contract for Construction;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent ( 5 %);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201-2007.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 ofA1A DocumentA201-2007 requires release of applicable retainage upon
Substantial Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document
A201-2007.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect.
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
Sixty One (61) days
AIA Document A101" — 2007. Copyright 0 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4
reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02/06/2014, and is not for resale.
User Notes: (892489017)
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless
the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
§ 6.2 BINDING DISPUTE RESOLUTION
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the
method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution
below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims
will be resolved by litigation in a court of competent jurisdiction)
[ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007
[ X ] Litigation in a court of competent jurisdiction
[ ] Other (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201-2007.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
§ 8.3 The Owner's representative:
(Name, address and other information)
David Inderstrodt
Maze Design, Inc.
124 South 8th Street
Richmond, IN 47374
765-962-1300
§ 8.4 The Contractor's representative:
(Name, address and other information)
Init. AIA Document A101 TO — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5
reproduction or distribution of this AIA'' Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02/06/2014, and is not for resale.
User Notes: (892489017)
Clint Crocker
Maxwell Construction Company
440 Nowlin Avenue
Greendale, IN 47025
812-537-2200
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§ 8.6 Other provisions:
Owner's Additional Information - See Exhibit "A"
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in
the sections below.
§ 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner
and Contractor.
§ 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for
Construction.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
Invitation to Bid Invitation to Bid 31
§ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Project Manual For Wolverine Worldwide Dated January 8th, 2013
Section Title Date Pages
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Design Plans For Existing Office Building Improvements Wolverine Worldwide Dated 12.13.2013
Number
§ 9.1.6 The Addenda, if any:
Title Date
Number
Date
Pages
Addendum #1
1/8/2014
45
Addendum #2
1/15/2014
7
Addendum #3
1/29/2014
12
Addendum #4
2/3/2014
1
Addendum #5
2/5/2014
1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:
(flit. AIA Document A101TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6
reproduction or distribution of this AIA" Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02/05/2014 under Order No.5785794381_1 which
expires on 02106/2014, and is not for resale.
User Notes: (892489017)
.1 AIA Document E201 rm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the
following:
.2 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AM
Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents)
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
A201-2007.
(State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 of ALA Document
A201-2007.)
Type of insurance or bond
Per Specifications
Limit of liability or bond amount ($0.00)
Per Specifications
This Agreement entered into as of the day and year first written above.
OWNER (Signature) C TRACTOR igna )
Vicki Robinson, Board of Public Works and Safety
President
(Printed name and title)
OWNER (Signature)
Dian Lawson, Board of Public Works and Safety
Mem
(P ' to and title)
ER (Signa re
Anthony Foster11. Board of Public Works and
_ Safety Member
(Printed name and title)
ER Si azure)
Sally Hutton, Mayor
(Printed name and title)
Jeff Lyness, Vice President
(Printed name and title)
AIA Document A101 TM — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 7
reproduction or distribution of this AIA,,, Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
t maximum extent possible under the law. This document was produced by AIA software at 15:17:37 on 02105/2014 under Order No.5785794381_1 which
expires on 02/06/2014, and is not for resale.
User Notes: (892489017)
OWNER'S ADDITIONAL INFORMATION
As referenced in Contract No. 24-2014
Article §8.6
1. Compliance with Laws.
Contractor shall comply with all applicable laws, ordinances, and codes of the Federal, State,
and Local governments.
2. Term of Agreement.
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the improvements. As set forth in § 3.3 of Contract No. 24-2014, time is of
the essence the Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the
AIA201-2007General Conditions) of the entire Work not later than June 6, 2014 as set forth in
Contractor's response to the invitation to bid. In the event services are still being performed and
the Work is not Substantially Completed (at any of the location addresses listed in this
Agreement) by Contractor under this Agreement, liquidated damages in the amount of Five
Hundred Dollars ($500.00) per day for each day past the time for completion as set forth above
will be deducted from Contractor's retainage.
3. Compliance With Worker's Compensation Law.
Contractor agrees and acknowledges that it is an independent contractor and will not seek
Worker's Compensation coverage from Owner in the event that one of Contractor's agents,
employees or contractors is injured while performing the terms of this Agreement. Contractor
further acknowledges that it will comply with Indiana Worker's Compensation law. 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 their home state's
worker's compensation law.
4. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW
Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction
Wage law, and shall, during all of Contractor's work under this Agreement, provide the Owner
with complete and accurate certified payroll documents. Contractor shall use the forms
provided by the Department of Public Work and Engineering, unless Contractor has comparable
software to generate the certified payroll documents and such software is approved by the Owner.
Such documents shall be submitted within forty-eight (48) hours of each pay period for work
completed under this Agreement. Should Contractor fail to timely supply the Owner with said
documents, or if the Owner has questions concerning the documents submitted, Owner reserves
the right to do any of the following:
a. Stop payments to Contractor under this Agreement;
b. Interview employees to verify wage payments;
C. Request from Contractor copies of cancelled payroll checks;
d. Report Contractor to the Indiana Department of Labor;
EXHIBIT A - Owner's Additional Information
to Contract Number 24-2014, Article §8.6
Page 1 of 3
e. Report Contractor to the Internal Revenue Service;
f. Consider Contractor to be "non -responsive";
g. Consider Contractor to be in breach of this Agreement; and/or
h. Refuse to hire Contractor for future Contracts with the Owner.
Withheld payments will not be reinstated until proper certified payroll documents are submitted
to the Owner.
5. Withholding, Retainage, and Claims for Payment.
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the
Owner must provide for the payment of subcontractors, laborers, material suppliers, and those
performing services under a public works contractor and further agrees that in the event
Contractor fails to timely pay any subcontractor, laborer, or material supplier for the
performance of services or delivery of materials under this Agreement that the Board of Public
Works and Safety for the Owner shall withhold payments in an amount sufficient to pay the
subcontractors, laborers, material suppliers, or those providing services. Contractor further
understands, acknowledges, and agrees that the Board shall proceed with the proper
administrative procedures initiated as the result of any claims timely filed by any subcontractor,
laborer, or material supplier under Indiana Code 36-1-12-12.
6. Prohibition Against Discrimination.
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;
3. That there may be deducted from the amount payable to Contractor by Owner
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 Owner and all future
earnings may be forfeited, in the event of a second or any subsequent violation of the
terms or conditions of this section of the Agreement.
5. Violation of the terms or conditions of this Agreement relating to discrimination
or intimidation shall be considered a material breach of this Agreement.
EXHIBIT A - Owner's Additional Information
to Contract Number 24-2014, Article §8.6
Page 2 of 3
7. Compliance with Indiana E-Verify 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 Owner 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 Owner notifies the Contractor of the violation. If Contractor fails to remedy the
violation within the thirty (30) day period provided above, the Owner shall consider the
Contractor to be in breach of this Agreement and this Agreement will be terminated. If the
Owner determines that terminating this Agreement would be detrimental to the public interest or
public property, the Owner may allow this Agreement to remain in effect until the Owner
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 Owner for actual damages.
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 Owner determines during the course of this Agreement
that this certification is no longer valid, Owner 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 Owner that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the Owner may proceed with any remedies it may have pursuant to IC 5-22-16.5.
In the event the Owner 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 Owner 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.
9. Access to Public Records.
Parties understand, acknowledge, and agree that any information received by the Owner may be
considered a public record under the Indiana Access to Public Record law and may be treated as
such.
10. Miscellaneous.
This writing 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. Any previous discussion, negotiation or dialogue
relating to the subject matter contained herein is superseded by this Agreement. Furthermore,
both parties agree that no discussion, representation or negotiation, other than that contained
herein, has transpired relating to the subject matter of this agreement and that neither party is
relying upon any negotiation or discussion that took place prior to this agreement.
EXHIBIT A - Owner's Additional Information
to Contract Number 24-2014, Article §8.6
Page 3 of 3
Y