Amendment 0004 70RFP122RE4000003.pdf

(x)

70RFP122RE4000003

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: Kerrin Cahill

OPO/FPS/EAST CCG/R4

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 4

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP1

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 1 ACQ DIV(70RFP1)

03/30/20230004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/24/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PSO Services throughout Northern Florida

Amendment 0004 is issued for the following purpose:

1. The due date for proposal submissions is extended from April 4, 2023 12:00 PM EST to

April 10, 2023 12:00 PM EST.

2. To provide amended RFP page 18, to reflect revised CBA numbers and associated locations as follows:

Geographic Area

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Todd M. Wanner

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 215-521-2185 Todd.M.Wanner@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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70RFP122RE4000003/0004

Orlando Florida & Surrounding Areas

CBA-2022-587, Rev 0, dtd 11/30/2022

Tampa Florida & Surrounding Areas

CBA-2021-496, Rev 1, dtd 11/30/2022

Jacksonville Florida & Surrounding Areas

CBA-2021-497, Rev 1, dtd 11/30/2022

3. To provide amended RFP Page 20 of 111, to add language to paragraph D. 1. Post Tracking System

(PTS), as follows, “It is expected that PTS will be implemented immediately upon contract award.”

4. To provide amended RFP page 67, paragraph 4, to clarify the security clearance requirements and the page limitation for the technical proposal (covering all non-price factors), as follows:

The resulting contract requires access to classified information. Offerors shall possess a

Top Secret facility clearance by the time and date established for submission of offers.

Offerors shall provide a certified statement of current Top Secret Facility Clearance which will be verified by the Contracting Officer prior to award.

Page Limitation-Excluding the cover page, table of contents, past performance project forms

(attachment 3), past performance questionnaires

(attachment 4), field level supervision exhibit

(attachment 8), management questionnaire

(attachment 11), teaming agreement, teaming narrative or narrative demonstrating an affiliate’s meaningful involvement, the technical proposal (covering all non-price factors) has a page limit of 9 pages inclusive of the 6 pages for the Management Questionnaire and any narrative supporting Management Approach, A.

Quality Assurance, 1. Field Level Supervision of

PSOs, paragraph b and for addressing C. DHS

Mentor Protégé-Program Participation requirements, if required, in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated. The pages excluded from evaluation will be at the discretion of the Agency.

5. To provide amended RFP page 72, Management Approach, to clarify elements offerors shall

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NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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70RFP122RE4000003/0004

address in their Management Approach submission as follows:

FPS desires that offerors provide management strategies and proposed solutions demonstrating how they will result in better value to the government. In response to this Evaluation

Factor, offerors shall address A. Quality

Assurance, B. Management Questionnaire, and C.

DHS Mentor Protege Program Participation.

6. To provide amended RFP page 73, B. Management Approach, to provide the minimum submission requirements for the Management Questionnaire as follows:

b. Minimum Submission Requirements for

Management Approach: Offers shall answer each aspect of each question demonstrating understanding of the question and the associated requirement.

7. To provide amended Attachment 9, Proposal Checklist for Offerors, to indicate minimum proposal submission requirements for Quality

Assurance as follows:

A. Quality Assurance

1. Fielded Level Supervision: Complete

Attachment 8, “Field Level Supervision Exhibit”.

2. Management Questionnaire: Answer each aspect of each question on Attachment 11, “Management

Questionnaire” demonstrating understanding for the question and the associated requirement.

8. To provide CBA-2021-496, Revision 1, dated 11/30/2022, which replaces and supersedes

CBA-2021-496, Revision 0, dated 11/15/2021.

9. To provide CBA-2021-497, Revision 1, Dated 11/30/2022, which replaces and supersedes

CBA-2021-497, Revision 0, dated 11/15/2021.

10. To provide the Master Certification List (MCL) for North Florida. The MCL specifies which certification/qualification/training was achieved by incumbent PSOs as of the date of the report.

This is informational only as it is a snapshot in time.

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70RFP122RE4000003/0004

11. To provide an updated Seniority List. See attached Seniority List.

12. The Post Exhibit has been updated to correct various elements including day calculations, relief requirements, addresses, and post types and applicable CBAs. The most current post exhibit will be emailed to vendors who previously provided a signed Non-Disclosure Agreement. Any other vendor who wishes to have a copy of the most current post exhibit, but has not yet provided a signed Non-Disclosure Agreement, may do so by submitting an email request containing a signed Non-Disclosure Agreement to kerrin.cahill@fps.dhs.gov and fpsacqdiv1@fps.dhs.gov.

13. This amendment provides a list of vendor questions submitted and FPS responses. The answers are provided for informational purposes and do not amend or change the terms of the solicitation. If there is a conflict between the solicitation and the information provided in the answers to the questions, the solicitation governs.

14. This amendment provides an additional Attachment 5 – CBA Location Coverage that further indicates the location where each CBA applies.

15. All other terms and conditions remain the same.

Attachments:

CBA-2021-496, Revision 1, dated 11/30/2022

CBA-2021-497, revision 1, dated 11/30/2022

Master Certification List

Page 18 of 111 of the RFP

Page 20 of 111 of the RFP

Page 67 of 111 of the RFP

Page 72 of 111 of the RFP

Seniority List

Vendor Questions & Answers

Attachment 5 – CBA Location Coverage Attachment 9 - Proposal Submission

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CO: Todd Wanner, (215) 521-2185, todd.m.wanner@fps.dhs.gov

CS: Kerrin Cahill, (215) 521-2290, kerrin.cahill@fps.dhs.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

AGREEMENT

Between

PARAGON SYSTEMS, INC

and the

United Government Security Officers of America, International Union

And Its Local 31

Representing the

PROTECTIVE SECURITY OFFICERS

at

Jacksonville, Florida and surrounding areas August 1, 2021 through June 30, 2024

AGREEMENT

This Agreement is entered into upon ratification and full execution by all parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the United Government Security Officers of America, International Union and its affiliated Local 31 (“Union”).

Should there be any conflict between the Paragon Policies and Procedures and the Collective Bargaining Agreement, the Collective Bargaining Agreement will control.

Should there be any conflict between the Contract between Paragon and the Government, and the Collective Bargaining Agreement, the Contract between Paragon and the Government will control.

ARTICLE 1

PARTIES AND TERMS

Section 1.1 This agreement shall become effective when fully executed and shall continue in full force and effect through and until Midnight June 30, 2024.

Section 1.2 The Company recognizes the United Government Security Officers of

America, International Union and its Local 31, as sole and exclusive bargaining representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment, for the employees of the Company as described in Section 1.2 of this Article and in accordance with the National Labor Relations Act, as amended.

Section 1.3 For the purpose of this Agreement, the term “Employee” shall include all armed and unarmed security officers employed by Paragon Systems performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, assigned to Federal facilities in Jacksonville, St. Augustine, Port Orange, Daytona, Tallahassee, Quincy, Pensacola, Panama City, Marianna, Gainesville, Ft. Walton, and Lake City, the Cecil Airfield CBP Jacksonville and the National Marine Center CBP St. Augustine, and surrounding areas under the Company’s contract HSHQE4-17-D-00002 with the Department of Homeland Security excluding office clerical employees, managerial personnel, supervisors as defined by the National Labor Relations Act, and all other personnel. It is expressly agreed and understood between the parties that neither probationary employees as defined in this agreement, nor persons enrolled or participating in pre-hire training programs offered by the Company, shall be considered employees under this Section.

Section 1.4 This agreement shall be binding upon both parties and their successors.

In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

Section 1.5 Any other site(s), including FEMA and ODAR, to which Security

Officers covered by this Agreement are assigned.

Section 1.6 Probationary Employees. All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of ninety (90) calendar days from the date of hire or rehire. During the probationary period, employees shall be paid at a rate that is $1.25 per hour less than the straight-time rate set forth in Article 14. During their probationary period, the employment relationship between the Company and the probationary employee shall be at will and the probationary employee may be subject to discipline or discharge at the discretion of the Company without regard to the provisions of Article 12 of this Agreement. Probationary employees do not have seniority until completion of the probation period, at which time seniority dates back to the date of hire. The union will be notified whenever a new hire training class is scheduled. The union shall have the right to speak to the new hires the first week of orientation or training period and the company will facilitate the Union by allowing time to speak for fifteen (15) minutes.

ARTICLE 2

PURPOSE OF THE AGREEMENT

It is the intent and purpose of the Company and the Union that this Agreement shall promote and improve industrial and economic relations between the Company and its employees, and to set forth provisions with respect to rates of pay, wages, hours of work and other conditions of employment covering employees of the Company, and to provide a peaceful method of adjusting grievances that may arise in the course of employment between the Employer and the employees with respect to wages, hours, and other conditions of employment and to provide for an orderly collective bargaining relationship between the Company and the Union.

ARTICLE 3

UNION SECURITY & DUES DEDUCTIONS

Section 3.1 For the convenience of the Union and employees who are members of the Union, the Company agrees to deduct the initiation fee and regular monthly Union dues from the pay check of such employees who authorize such deduction as provided for herein.

Section 3.2 An employee who desires the Union dues to be deducted from her pay shall submit to the Company a fully executed authorization card, as approved by the parties, assigned by said employee, from whom wage deductions are to be made as provided herein.

Section 3.3 Deductions shall be made monthly for the accrued regular monthly dues of each employee in the bargaining unit, for whom the above authorization has been received, beginning with the pay for the first full pay period beginning in each month following the month in which an employee’s authorization is received and deduction shall continue in like manner monthly thereafter. The Company will remit all such deductions to the International Union Treasurer via check on a monthly basis within fifteen (15) business days from the last day of the month.

Section 3.4 The Union accepts all responsibility for the authenticity of each of said authorizations and any said authorizations which are incomplete or in error shall be disregarded by the Company. Authorizations which are incomplete or in error will be returned to the Union immediately for correction. The Union shall indemnify and hold the Company harmless against any claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of action taken by the Company in making payroll deductions as herein provided or in complying with this Union Security Article.

Section 3.5 In cases where deductions for dues are made from the pay of any employees who have previously paid such dues, the Union will make refund directly to such employee.

Section 3.6 The authorization for dues deductions for any employee who is transferred to a classification outside the bargaining unit shall be automatically voided upon the effective date of such transfer.

ARTICLE 4

UNION RIGHTS

Section 4.1 Stewards.

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the maximum of 2 Chief Shop Steward for all employees and 6 stewards. Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within two (2) calendar days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews consistent with Section 12.6 of this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager.

Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline for dereliction of duty under Article 12 of this Agreement; provided that it is expressly agreed and understood between the

Parties that the Company may schedule disciplinary interviews consistent with Section 12 of this Agreement during working time.

Section 4.2 Union Activities. Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company.

Section 4.3 Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and employees' employment with the Company, are subject to certain priorities, rules, procedures and restrictions of the United States Government. The Union agrees to cooperate with the Company in all matters required by the Government and to comply with all such Government priorities, rules, procedures and restrictions. Documentation will be provided to the Union verifying the change/request did come from the Government, if available. The Union further agrees that any actions taken by the Company pursuant to a request from DHS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that DHS or other agency of the United States requests the Company to take immediately, may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition or employment, the Company agrees to notify and discuss with the Union the effects of that action.

ARTICLE 5

MANAGEMENT RIGHTS

Section 5.1 The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations.

The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment, determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; determine the number of hours per day or week that operations shall be carried on; establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 5.2. The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

Current practices will remain in place with the understanding that in some circumstances due to operational necessity, breaks may not occur.

Section 5.3. The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.

Section 5.4. The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them.

Section 5.5. The Company shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Company shall have the right to test employees for drugs or alcohol upon reasonable suspicion, and to discipline employees based on the results of such tests.

Section 5.6 No waiver. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 5.7 The above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.

Section 5.8 The Company agrees to notify the Union, in writing, prior to any changes in policy or work rules affecting the Bargaining Unit Employees in order for the Union to register any suggestions or objection prior to implementation. This applies to permanent or extended policy or rules and not immediate or temporary policy or rules required to handle imminent or emergency situations.

ARTICLE 6

NONDISCRIMINATION

Section 6.1 The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law.

The Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law. The Company agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of law.

Section 6.2 It is expressly agreed and understood that the dispute resolution procedures set forth in Article 13 of this agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising under state or federal law arising from the employment relationship between the Company and you to the fullest extent permitted by such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.O. §2000e et seq.), the Rehabilitation (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1966 and 1971 (42 U.S.C. § 1981 & 1983), Executive Order 11246 the Americans with Disabilities Act (42 U.S.C §12101 et seq.), .the Civil Rights Act of 1991 (Pub. L 102-66), the Family and Medical Leave Act of 1993 (29 U.S.G. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. §4212), applicable state employment and wage and hour laws, the Fair Labor Standards Act, and any other state or federal law relating to employment discrimination or termination, statute or common law.

ARTICLE 7

HOURS OF WORK

Section 7.1 Purpose of this Article. The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Article or this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.

Section 7.2 Workweek and Workday. The Company's workweek shall consist of seven (7) days, beginning on Friday at 12:00 a.m. and ending the following Thursday at 11:59 p.m. A workday shall be defined as from 0000 hours until 2359 hours.

Section 7.3 Full Time / Part Time definition. A full time employee is an employee that is scheduled and works an average of 37.5 or more hours a week. A part time employee is an employee that is regularly scheduled and works less than 37.5 hours a week or less.

Employer will use its best efforts to maintain current full-time employees at full- time hours, operational necessities permitting.

Section 7.4 Overtime Work. Employees may be required to work reasonable overtime assignments at the discretion of the Company. An employee not excused by the Company from performing assigned overtime, and who refuses to work overtime, will be subject to appropriate discipline. In accordance with Article 12 of this Agreement, opportunity to work overtime shall be provided consistent with the Company's needs and circumstances and must be authorized in advance by the Company.

Section 7.5 Overtime Work. For purposes of this Agreement overtime is defined as hours worked in excess of 40 hours during a work week will be paid at overtime as discussed in Article 14 of this Agreement.

Section 7.6. Officers will sign-in at their scheduled start time and sign-out when they are properly relieved. If an officer is instructed to document an erroneous arrival or departure time then that officer must immediately contact Management without fear of reprisal.

Section 7.7. The Company shall have the exclusive right to establish new shifts in addition to the shifts in effect at the time this Agreement was executed. Any change of shift hours will be discussed with the Union prior to implementation; however the Company will have final authority in establishing shifts.

Section 7.8. Posts and hours are contingent upon the contractual agreement between the Company and the Government. Any changes of shift hours will be discussed with the Union prior to implementation; however, the Company will have final authority in establishing shifts.

Section 7.9 DISTRIBUTION -The Company shall make every reasonable effort to distribute overtime as evenly as possible during the term of this agreement among employees regularly assigned to the particular work location (including part-time employees). Seniority shall be used in the assignment of overtime (on a rotating schedule) as far as practicable except in situations dictated by availability of personnel and amount of notice given for overtime. In the event that overtime is not filled by personnel working at the specific location, it will be made available to all collective bargaining unit personnel in accordance with seniority as far as practicable.

Section 7.10 REQUIREMENT -If requested to work overtime (i.e. over forty

(40) hours in a work week or extra hours), and the seniority system is not invoked due to shortness of notice, the Employee who is subject of the request shall be required to work the overtime unless the employee can arrange for the post to be filled.

Section 7.11 Breaks. For those posts that are self-relieving, each employee shall be permitted to take reasonable breaks of up to fifteen (15) minutes twice in each shift when operational necessities permit, provided the employee remain in ready service status to respond as needed. Such rest periods shall be counted as hours worked and shall be paid without any deduction in wages.

For those posts that require a relief officer (continuous coverage), the Company will use its best efforts to provide an unpaid lunch period, not to exceed thirty (30) minutes, on each shift. The Company shall designate the time of said period as close as reasonably possible to the mid-point of the shift. In addition, the Company will use its best efforts to provide a paid ten (10) minute break every four (4) hours of continuous work. Under normal circumstances, the employee must take the rest period away from their work assignment.

Section 7.12 In the event that it is operationally impossible (i.e. in outlying posts or night shift) to provide relief for the lunch break or the break time and as a result an employee is required to remain at the location (building), the employee shall be compensated at a straight time base wage rate for the break time and meal period. The Company will ensure that any employee affected by this section will be able to practically take their break(s) and meal period.

Section 7.13 Once a shift has started and a bargaining unit employee is caused to travel from their assigned post to cover another post on a temporary basis, the bargaining unit employee will be compensated for their time spent in transit at the regular hourly rate of pay.

Section 7.14 Travel. In the event that an employee is required to work a temporary assignment, other than his/her normal assignment, the travel time shall be compensated as follows:

The parties agree that it is administratively difficult to deduct each employee’s individual commute and to document the travel time via Google Maps or similar. Accordingly, it is agreed that each employee’s regular commute is approximately 60 minutes, each way. Any travel time beyond 60 minutes shall be compensated at the straight-time rate set forth in this Agreement but shall not accrue or otherwise receive any benefits set forth in Article 15 (Health and Welfare) hereto.

The Company will make the necessary hotel reservations and arrangements. Company related travel expenses will not be approved unless authorized in advance in writing by an employee’s supervisor or other company designated manager. The employee will be required to submit a completed Company expense form, including all receipts, within two weeks after incurring the expense. Authorized expenses will be paid promptly after the Company’s Finance Department has received a fully completed expense form. Expenses should ordinarily be reimbursed within thirty (30) days of receipt of a properly completed form. In the event reimbursement will be delayed beyond 30 days, the employee will receive a written explanation of the delay from the supervisor.

Gasoline expenses on travel for temporary assignments shall be reimbursed for all travel that is more than twenty (20) miles from the employee’s normal assignment. Gasoline expenses are calculated assuming 20 miles to the gallon of gasoline, and an average gasoline cost of $3.00 per gallon. The parties agree to meet and negotiate this rate on an annual basis, to ensure that the cost of gasoline in the agreement reflects actual costs.

ARTICLE 8

STRIKES AND LOCKOUTS

Section 1 – No Strikes. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company’s operations. It is further understood and acknowledged that it is the intention of the parties that all claims, disputes, or grievances arising under this Agreement be resolved by resort to the grievance and arbitration procedures provided herein. It is therefore agreed that, during the term of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sickout, mass absenteeism, boycott, picketing, or other interference with or curtailment of production of any kind, including sympathy strikes, and that the Union will not cause or permit employees to cause, nor will any member of the Union take part in, any strikes, including a sympathy strike, slowdown, stoppage of work, planned inefficiency or any other curtailment of work or restriction or interference with the Company’s or Government’s operations for any reason whatsoever. Nor will the Union authorize or sanction the same.

Upon hearing of any unauthorized strike, slowdown, stoppage of work, planned inefficiency or any curtailment of work or restriction or interference with the operation of the Company, the Union shall take affirmative action to avert or bring such activity to a prompt termination. During the term of this Agreement, a refusal by an employee or employees to cross a strike line at the employees’ regular place of employment, established by any other labor organization or established by any other group, shall constitute a violation of this Article.

Any employee who violates this provision may be immediately discharged. Furthermore, it is agreed and understood that, in addition to other remedies, the provisions of this Article may be judicially enforced, including specific performance by way of injunctive relief.

Section 2 – No Lockouts. During the term of this Agreement, the Company shall not lockout any employee.

ARTICLE 9

HOLIDAYS

Section 9.1 Eligibility. All employees will receive paid leave for the following eleven (11) holidays (or holiday pay in lieu thereof, if required to work the holiday):

Christmas Day New Year's Day Martin Luther King, Jr. Birthday President's Day Juneteenth National Ind. Day* Independence Day

Memorial Day Labor Day Columbus Day Veterans' Day Thanksgiving Day

*Juneteenth National Independence Day shall not be observed until the holiday occurs in 2022. There shall be no payment or holiday benefit for Juneteenth 2021.

Employees must work the day before and the day after a holiday to receive the holiday benefit, provided the day before and the day after a holiday is not the employee's regularly scheduled day off, or the employee was on a pre-approved vacation day or pre-approved paid personal day.

An employee who is requested and agrees to work on any of the above named holidays, but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline up to and including discharge.

It is expressly agreed and understood that employees shall not be entitled to holiday pay when on leave, including leave taken under state workers' compensation laws.

Section 9.2 Rate of Pay. An eligible full -time employee who is not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay. An eligible full-time employee assigned to work on a holiday will receive their straight- time wage for all hours worked plus the eight (8) hours holiday pay specified above.

An eligible part-time employee who is not required to work on a holiday shall be paid a proration of the full-time holiday benefit based upon his or her average weekly hours for the previous two (2) weeks' work. An eligible part-time Employee, assigned to work on a holiday, will receive his or her straight-time wage for all hours worked plus a proration of the full-time holiday benefit up to eight (8) hours based upon their average weekly hours for the previous two (2) weeks work. Holiday pay that is prorated under this Article shall be rounded up or down to the nearest whole hour.

Hours which an employee does not work but for which he or she is compensated under this Article shall not be considered hours worked for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

Section 9.3 The above designated holidays will be paid as follows:

• All employees covered by this Agreement will receive holiday pay only on the day the holiday is observed by the client. (E.g., if the holiday falls on a weekend and is observed the following Monday, employees will receive holiday pay only for the Monday on which the holiday was observed, not the weekend day upon which it falls.)

• Any work performed on a holiday will be paid at the employee's regular rate of pay in addition to the holiday pay.

Section 9.4 Time paid for but not worked as a Holiday shall not be considered as time worked for the purpose of computing weekly overtime.

ARTICLE 10

LEAVES OF ABSENCE

Section 10.1 Court Leave - An employee who has completed his or her probationary period and who is required to report for jury duty, shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of five (5) work days; provided, however, for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call. For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the amount received by the employee from the court or government agency.

Section 10.2 Military Leave. The Company will comply with the provisions of the

Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C.

§4301 et seq. ("USERRA"). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

Section 10.3 Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of twenty-four (24) scheduled work hours lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, mother in law, father in law or employee’s grandparent. Leave under this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee's relationship to the deceased. If employees require more time off (no more than ten (10) calendar days) they will be allowed to use their benefit time or use unpaid time off.

Section 10.4 Union Leaves of Absence. The Company will permit an authorized representative of the Union an unpaid leave of absence to attend meetings, training and/or conventions for the Union, provided a written request is received by the Program Manager at least three (3) weeks prior to the beginning of such leave, and providing that this leave does not negatively impact Company operations. In no event will more than three (3) Union representatives be permitted leave under this provision. The maximum total period of such leave shall be fourteen (14) days total in any calendar year.

Section 10.5 Family and Medical Leave

A. Leave Entitlement. An employee who has been employed by the Company for

12 months and who completed 1250 hours of work during the 12 month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("Act") in accordance with its provisions.

B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee's Leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.

Section 10.6 Non-Medical Emergency Leaves of Absence may be granted at the discretion of the Employer, in accordance with Paragon Policies and Procedures, without loss of seniority to the Employee. Such leaves, if granted, are not to exceed fifteen (15) days, unless approved by the employer. If the Leave of Absence exceeds forty-five (45) days, seniority will be adjusted to reflect the absence for purposes of job bids, vacations and overtime assignments. Employees on any other unpaid leaves of absence may be required to use available vacation. Length of service with the employer shall not accrue for purposes of vacation, holiday or other accrued benefits for any unpaid leave of absence over fifteen (15) days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory, unpaid leave of absence.

Section 10.7 Personal/Sick Leave with Pay

It is understood and agreed that each regular full-time employee has received four personal days (32 hours) and seven (7) sick days (56 hours) effective December 1, 2020. Part-time employees have received a pro-rated vesting. That leave time shall remain in effect, subject to the limitations set forth in the predecessor CBA, through November 30, 2021.

A) Effective December 1, 2021, and annually thereafter, all employees shall accrue 1 hour of paid sick leave for every 30 hours of work, to an annual limit of 56 hours per year.

Effective December 1, 2021, and annually thereafter, all full time employees employed on December 1 shall receive four (4) personal days. Effective December 1, 2021, and annually thereafter, all part-time employees employed on December 1 shall receive a prorated amount of personal leave based on their hours worked in the previous year, divided by 1950, and multiplied by 32 hours.

B) Notice to Employer. Except in exigent circumstances which are verifiable in writing, sick leave may be used by an employee who calls out at least four (4) hours in advance due to an unexpected condition or illness, or by an employee who has need of such leave to attend a medical appointment. Parties agree that four hours is an adequate amount of time and is practicable for notifying Company of reasonably foreseeable conditions or illness. Failure to do so will make the employee ineligible to use sick leave to excuse the absence.

C) Required Doctor’s Note. An employee who has been absent due to illness or injury for three (3) consecutive duty days shall be required to provide verification from a physician licensed by the state of the employee’s residence confirming the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.

D) Unused Leave. At the end of each Contract year, all employees currently employed on November 30 shall receive any unused personal and sick leave in cash. Unused personal and sick leave shall not be paid on termination of employment.

E) Sick leave may be used for the following purposes:

(i) A physical or mental illness, injury, or medical condition of the employee;

(ii) Obtaining diagnosis, care, or preventive care from a health care provider by the employee;

(iii) Caring for the Employee's child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; or

(iv) Domestic violence, sexual assault, or stalking, or to obtain additional counseling, seek relocation, seek assistance from a victim services organization, take related legal action, including preparation for or participation in any related civil or criminal legal proceeding, or assist an individual related to the employee as described in paragraph iii of this section in engaging in any of these activities.

F) Employees may take personal leave with forty-eight (48) hours’ advance notice.

Employees may take sick leave with four (4) hours’ notice, for any purpose described in Paragraph (E). An employee who uses sick leave shall not be subject to discipline for absenteeism, provided the employee provides four hours’ notice to his or her supervisor.

G) Employees taking personal leave shall be compensated at the straight-time rate of pay set forth in Article 14 in effect at the time the leave was accrued. Employees taking sick leave shall be compensated at the straight time rate in effect at the time the leave was accrued.

H) Sick/personal leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such leave. An employee may not take sick or personal leave in increments less than two (2) hours.

I) An employee with sick leave remaining on the books may not use vacation time or personal leave time to compensate for time lost due to illness or injury. An employee must exhaust his or her sick leave before using vacation or personal leave for that purpose.

Section 10.8 Notice of Absence. An employee who will be absent due to illness or injury or for other medical reasons (including dental and medical examinations) must provide the Company notice of his/her anticipated absence as required in Section 12.2, regardless of the length of the anticipated absence and regardless of whether the employee seeks vacation pay for the absence. Failure to do so will result in discipline up to and including discharge in accordance with Article 12.

Section 10.9. Rate of Pay. Except as otherwise provided in this Article, for any paid leave taken under this Article, an employee shall be compensated at the straight-time rate of pay at the time the leave is accrued. Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime.

Section 10.10 Except as otherwise herein provided, it is agreed by the parties that there shall not be any loss of seniority while employees are on such leaves of absence as provided for in this Article; however, employees shall not accrue vacation or sick leave or receive holiday pay during any leave of absence that extends beyond thirty (30) days.

Section 10.11 No employee will engage in employment with another employer while on a leave of absence as provided for herein.

ARTICLE 11

VACATION

Section 11.1 Eligibility. All employees will earn vacation time up to the maximum amounts set forth below.

• Upon completion of one (1) year of service: 80 hours

• Upon completion of five (5) years of service: 120 hours

• Upon completion of ten (10) years of service: 140 hours

• Upon completion of fifteen (15) years of service: 160 hours

Those employees who completed ten (10) years of service as of May 4, 2013: 160 hours

Those employees who completed fifteen (15) years of service as of May 4, 2013: 200 hours.

Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary to the date of hire with the Company or predecessor to the Contract between the Company and the Government. Vacation shall not vest and employees shall not be entitled to vacation under the above schedule until the employee has completed each twelve (12) months of employment. If an employee separates from employment for any reason with less than one year and one day of employment with the Company or its predecessor shall not be entitled to any vacation pay.

Section 11.2 Vacation will be administered according to CFR 29, sections 4.173 and

4.176. Employees whose pay records indicate that they regularly worked 40 hours (including regular productive and training time taken) or more per defined workweek from the prior year’s Government Seniority anniversary date to the current year’s Government Seniority anniversary date will receive the full maximum hours of vacation earned for their years of service.