70RFPW22RW9000001-0002.pdf

(x)

70RFPW22RW9000001

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

Auburn WA 98001 Attn: Nicholas Milillo

OPO/FPS/WEST CCG/R9

400 15th Street SW Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/West CCG/Region 9

Auburn WA 98001 400 15th Street SW

70RFPW

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

FPS WEST CCG (70RFPW)

01/11/20220002

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

12/02/2021

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.)

This is an amendment to the Request for Proposals (RFP) for Protective Security Officer

(PSO) services at various locations throughout the state of Arizona.

Description of Services: The Contractor shall furnish professional security services, defined in the Statement of Work and contract exhibits, as Protective Security Officer

(PSO) and related services, at federally owned, leased, or occupied facilities protected by the Federal Protective Service at various locations throughout the state of Arizona. In furnishing these services, the Contractor shall provide all necessary management, supervision, personnel, materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate and ensure effective performance of, and conformance to, all aspects of the statement of work. The Government intends to award a single IDIQ

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)

Paul Metzger

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: (253)876-6842 Paul.Metzger@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFPW22RW9000001/0002

contract with a five-year ordering period. Task Orders will be issued against this contract.

All offerors are responsible for reviewing each document attached to this file. Offerors shall enter their unit price and extended total on the

SF1449.

Period of Performance:

Base Ordering Period: 1 June 2022 – 31 May 2027

Amendment 0002 is being issued to address the questions received from industry and update the attached files. Answers to industry questions are provided for informational purposes only, and are not themselves to be construed as changes to the solicitation requirements.

Offerors are responsible for reviewing the files in their entirety. Only the attachments that have been edited have been included with this amendment.

The closing date for this RFP has been extended to 01/20/2022 at 1700 ET. This date supersedes any other date in the attached files.

Period of Performance: 06/01/2022 to 05/31/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2019-12352 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 05/11/2021 State: Arizona

Area: Statewide

Employed on HOMELAND SECURITY, DEPARTMENT OF contract for PROTECTIVE SECURITY

SERVICES.

Collective Bargaining Agreement between contractor: PARAGON SECURITY SYSTEMS, and

Page 1 of 2SAM.gov

5/11/2021file:///C:/Users/ktdavis1/AppData/Local/Temp/19/Low/1RYA55UI.htm union: UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UN Local 356, effective 02/04/2019 through 02/03/2022.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 2 of 2SAM.gov

5/11/2021file:///C:/Users/ktdavis1/AppData/Local/Temp/19/Low/1RYA55UI.htm

Agreement

Between

PARAGON SYSTEMS, INC

And the

United Government Security Officers of America, International Union

And

Its Local 356

Representing the

PROTECTIVE SECURITY OFFICERS

In The State of Arizona

February 5, 2019 through February 4, 2022

Table of Contents

AGREEMENT

PARTIES AND TERMS

PURPOSE OF THE AGREEMENT

UNION SECURITY & DUES DEDUCTIONS

UNION RIGHTS

MANAGEMENT RIGHTS

NONDISCRIMINATION

HOURS OF WORK

STRIKES AND LOCKOUTS

HOLIDAYS

LEAVES OF ABSENCE

VACATION

Article 13 GRIEVANCE, MEDIATION AND ARBITRATION PROCEDURE

WAGES

HEALTH AND WELFARE BENEFITS

GENERAL PROVISIONS

SENIORITY

SCOPE OF AGREEMENT

AGREEMENT

This Agreement is entered into upon ratification and full execution by the parties, by and between Paragon Systems, Inc. (“Company” or “Employer”), and the United Government Security Officers of America, International Union and its affiliated Local 356 (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 contradiction 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 CBA covers only those security officers employed under Employer’s Contract No. HSHQW9-13-D-00002 with the Department of Homeland Security, Federal Protective Service.

Section 1.2. The Company recognizes the United Government Security Officers of

America, International Union and its Local 356, as the 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

1.1 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 Protective 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 and offices in the State of Arizona under the Contract No. listed in Section 1.1, 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.

Article 1 Section 1.4 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 $2.00 per hour less than the straight-time rate set forth in Article 14. During their ninety

(90) day probation 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 grievance or arbitration provisions 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. Seniority for Officers hired on the same day will be decided by the last four numbers of their Social Security number, lowest to highest.

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 In view of A.R.S. §§23-1301- 23-1303, no employee shall be required to become or remain a member of the Union in order to obtain or retain employment with the Company.

Section 3.2 The Parties agree that the Union will inform all employees that the Union is the sole and exclusive Collective Bargaining Agent for the employees in the bargaining unit, and accordingly, they will be represented by the Union for Collective Bargaining purposes. The Union will refer them to the appropriate local Union Representative for information concerning membership check off of Union Dues and, upon request, they will be given a copy of the Collective Bargaining Agreement by the Union.

Section 3.3 The employees will have the right to discontinue dues deduction in accordance with the Dues Check Authorization only if transferred out of the bargaining unit or put in a permanent management position.

Section 3.4 Subject to limitations of state or federal law, the company agrees to deduct from each payroll check the amount of 1/26th of the annual Union membership dues and levied by the Union in accordance with the Union’s constitution and by-laws, each member of the Union who has in effect at that time proper authorization card executed by the employee, authorizing the Company to make such deductions. The Company will be advised by the Union of the exact dollar amount due from each employee and with a one-time initiation fee to be paid by new members entering into the contract, payroll deducted.

Section 3.5 The authorization form shall be provided by the Union. The Company will submit to the Union’s designated official dues withheld in accordance with the authorization. The remittance shall be accompanied by a list showing individual names, dates hired, and amounts deducted. All sums collected in accordance with such signed authorization cards shall be remitted by the Company no later than the fifteenth (15th) day of the following month. The dues and dues list of names of employees who have paid their current monthly dues shall be sent to the International Union unless otherwise informed by the International Union.

Section 3.6 The Union agrees to defend, indemnify, and hold the Company harmless from any action or actions arising out of or related these dues deductions and any of the other provision of this Article. Errors made by the Company in the deductions or remittance of monies shall not be considered by the as a violation of this Article, providing such errors are unintentional and are corrected when brought to the Company’s attention. The Company will not be responsible to collect or deduct dues in arrears.

Section 3.7 Payments for membership dues shall not be required as a condition of employment during leaves of absence without pay in excess of thirty (30) days or during periods of permanent transfer to a position not covered by this Agreement. The Union, and not the Employer, will be solely responsible for reconciling and resolving any over or under payments of any dues or fees.

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 four (4) Stewards and four (4) alternate Steward for each shift, plus the Local President, Vice President and Secretary Treasurer.

Within ten (10) business 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 ten (10) business 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: (I) representation of employees in disciplinary interviews consistent with 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, or his/her designee.

Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline 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 12.1 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 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 rules, procedures and restrictions. The Union further agrees that any actions taken by the Company pursuant to a request from DHS/FPS or other agency of the United States Government shall not constitute a breach of this Agreement. Any action that DHS/FPS 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, the company will notify the Union in a reasonable time, and whenever such action affects a term or condition or employment, the Company agrees to notify and negotiate 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 Agreement 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, administer 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, except as otherwise set forth in this Agreement.

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 will bear all costs associated with all company mandated physical examinations. The Employee will bear the cost of follow-up treatment. 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. The Company shall have the right to transfer and/or reassign employees, in lieu of or in addition to disciplinary action for documented performance issues.

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 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 suggestion 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 such laws.

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. 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 A “regular full-time employee” under this Agreement is one who works an average of thirty six (36) hours per week. All other employees under this Agreement shall be classified as regular part time employees.

Section 7.3 Workweek. 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.

Section 7.4 Workday. A workday shall be defined as from 0000 hours until 2400 hours.

Section 7.5 Overtime Work. Employees may be required to work reasonable overtime assignments based on seniority. 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 14 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 7.6 Overtime Work. For purposes of this Agreement, full-time employment is defined as thirty six (36) working hours during a work week. Hours worked in excess of 40 hours during a work week will be paid at overtime as discussed in Article 14.

Section 7.7. 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 7.8. 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.

Section 7.9. 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.

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 or the Union.

ARTICLE 9

HOLIDAYS

Section 9.1 Eligibility. All employees will receive paid leave for the following ten (10) 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 Independence Day Memorial Day Labor Day Columbus Day Veterans' Day Thanksgiving Day

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

To the extent permitted by applicable law, employees must work the day before and 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.

Section 9.2 Rate of Pay. Full -time employees who are not required to work a holiday shall be paid eight (8) hours pay at his or her straight time rate of pay. A full-time employee assigned to work on a holiday will receive their straight time rate of pay, plus applicable fringe benefits, for all hours worked plus the eight (8) hours holiday pay specified above.

All part-time employees who are 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.

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

a. 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.)

Section 9.4 Time paid for but not worked as a Holiday will 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 forty (40) scheduled work hours lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, domestic partner, mother in law, father in law or 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.

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 Sick & Personal Leave with Pay.

A. The parties acknowledge that all employees were vested with three sick days and three personal days on October 1, 2018, subject to certain restrictions on the use of sick leave. The parties agree that the three-day restriction on the use of sick leave set forth in the predecessor CBA at Section 10.6(G) is hereby removed. Any unused personal days vested in accordance with the predecessor CBA on October 1, 2018 shall be paid out in June of 2019 in accordance with the new Government contract year of June 1.

B. Effective June 1, 2019, all non-probationary, full time employees employed as of that date will be allotted fifty-six (56) hours of personal/sick days paid leave annually.

C. Effective June 1, 2020, all non-probationary, full time employees employed as of that date will be allotted fifty-six (56) hours of personal/sick days paid leave annually.

D. Effective June 1, 2021, all non-probationary, full time employees employed as of that date will be allotted fifty-six (56) hours of personal/sick days paid leave annually.

D. Eligible part-time employees shall be entitled to pro-rated personal/sick leave at their straight-time rate based on the number of hours worked in the previous year, divided by 1872.

Employees who commence service on the contract between the eligibility dates set forth above shall be entitled to accrue personal/sick leave at the rate of one (1) hour of personal/sick leave for every thirty (30) hours of duty time, to a maximum of 56 hours, until they reach the following eligibility date.

E. Employees may take this time as paid sick leave for their own illness or for the purpose of caring for a family member. Employees may take this time as paid personal leave only by prearrangement with the employer; personal leave must be requested at least seventy-two (72) hours in advance unless otherwise authorized by the employee’s supervisor. The supervisor shall approve or deny the leave request within twenty-four (24) hours of receiving said request.

F. Employees taking leave under this Section shall be compensated for such leave at the straight-time CBA rate in effect at which the leave time was accrued. In the event an employee has accrued/unused sick/personal leave remaining at the end of the government contract year, all such accrued/unused time shall be paid out to the employee in cash within thirty (30) days of the government contract year end at the straight-time CBA rate of pay at which the leave time was accrued.

G. 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 four (4) hours.

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

I. An employee who has been absent due to illness for three (3) consecutive duty days may be required to provide verification from a physician licensed by the state of the employee’s residence confirming the employee's illness. Failure to provide the required physician's verification shall be grounds for discipline.

Section 10.7 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 10.8 No employee will engage in employment with another employer while on a leave of absence as provided for herein.

Section 10.9 Personal Unpaid Leave: shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

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: 160 hours

• Upon completion of fifteen (15) years of service 200 hours.

Employees shall be eligible for earned vacation upon the completion of one (I) 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 Accrual. Vacation time for all employees is earned based on the employee’s hours worked. The amount earned is calculated by the number of hours worked in the previous year, divided by 1872, and then multiplied by the maximum vacation hours for that employee’s years of service. No employee may earn more than the maximum for that employee’s years of service.

Section 11.3 Rate of Pay. Employees shall be compensated for vacation at the straight-time rate of pay in effect at the time the vacation was accrued.

Section 11.4 Vacation Scheduling. Vacation leave shall be taken at such times mutually convenient to the employee and to the Company; provided, however, the Company shall retain the final right to approve, deny, schedule and cancel all vacations. Employees may not take vacation in increments of less than eight (8) hours. A vacation request shall be made no less than fourteen

(14) days in advance of the date the requested vacation is to begin and shall be submitted on a form to be provided by the Company. Requests for Vacation will be approved or denied within 96 hours of the request.

No more than two employees may be on vacation at any time, additional requests will be considered on a case by case basis. Vacation requests made at the same time will be granted in accordance with Bargaining Unit Seniority. Thereafter, conflicts in vacation scheduling shall be resolved based on date of approval.

Section 11.5 Vested and unused vacation time shall be paid out in cash within thirty (30) days of the Employees anniversary date of employment.

Section 11.6 It is understood that all regularly scheduled break days before and after consecutive scheduled vacation time off will be considered as protected time off. Officers will not be scheduled for work, overtime, training, etc. during this time except in cases of operational necessity.

Section 11.7 Each employee who qualifies for a vacation in accordance with the provisions of this Article shall notify the Employer in writing prior to January 31 of each year of his or her first and second choice for desired vacation periods, if any. Notwithstanding the foregoing and unless the Employer agrees otherwise, an employee who qualifies for a vacation in accordance with this Article may request time off for a vacation no less than fourteen (14) days prior to the requested vacation time off. The Employer shall notify employees in writing whether their vacation request is granted or denied (i) by February 10 of each year for vacation requests submitted pursuant to the first sentence of this section, or (ii) within ten (10) days after receipt of a vacation request submitted pursuant to the second sentence of this section. The Employer’s Supervisor (or other appropriate Company representative) will attempt to approve vacation schedules so as to be mutually satisfactory to the employee and the Employer; provided, however, that (i) no more than two employees may take vacation time off at the same time, (ii) the final scheduling of vacation periods shall rest exclusively with the Employer in order to insure orderly and efficient operations, and (iii) previously approved vacations will not be changed without the consent of the employee with the previously approved vacation except in cases of operational necessity.

Section 11.8 Vacation time shall not be cumulative from one year to the next.

Section 11.9 Length of service with the Employer shall not accrue for purpose of vacation benefits while an employee is on a leave of absence.

Section 11.10 Notwithstanding the foregoing, if there is an extension of the Contract, then the paid vacation schedule described in Section 1 above shall remain in effect during such extension.

ARTICLE 12

DISCIPLINE AND DISCHARGE

Section 12.1 Just Cause: All employees are required to follow the policies and procedures in the Paragon Handbook, their post orders, and Government rules and policies applicable to the contract and duty location. No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement.

For the following alleged offenses, the parties agree that a proven violation shall constitute just cause for discipline up to and including discharge. For the following alleged offenses, the parties agree to limit the jurisdiction of any arbitrator hearing a grievance under this Agreement to a determination of whether or not the accused employee actually committed the offense. If the arbitrator finds in the Employer’s favor on that question, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the discipline imposed by the Company for a proven violation of any of the following.

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR Sections 101-20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS).

C. Insubordination (including, without limitation, deliberate failure to carry out assigned tasks, refusal of a direct order, abusive language directed toward a supervisor, and similar conduct).

D. Conducting personal affairs during official time without prior approval from the Employee’s supervisor or Project Manager.

E. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

F. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

G. Theft, vandalism, or criminal acts.

H. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Company’s Alcohol and Drug Abuse Policy.

I. Improper use of official authority or credentials.

J. Unauthorized use of Government communications equipment or other Government property.

K. Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.

L. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Security Guard Information Manual or SmartBook.

M. Violation of state or federal laws regarding the possession or use of a firearm.

N. Unauthorized post abandonment.

O. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation.

P. Falsification of time records.

Q. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

R. Sexual, racial or verbal harassment in violation of Company policy.

S. Failure to appear for work without notice (“no-call no-show”).

T. Any serious violation for which the company receives a negative 2820 from the Government.

It is expressly agreed and understood that the issuance of a 2820 by the Government shall constitute prima facie evidence of failure to meet this standard and shall constitute just cause for discipline without the need for any client witness to appear and testify at any subsequent arbitration proceeding. The Union shall be given a copy of the 2820 upon completion of the investigation.

The foregoing is not intended to be the complete list of offenses for which disciplinary action may be imposed. It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same, subject to the grievance process and the requirements of just cause. The employer shall have the right to determine the level of discipline.

Section 12.2 Absenteeism: Employees are required to report and be ready for work at their required times. It shall constitute an offense for an employee to be absent from work or late reporting to work without prior authorization, unless the employee uses available sick leave to account for the absence, in which case it shall not result in discipline except as set forth below.

Sick time may not be used to excuse tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness. In no case shall such notice be given less than six (6) hours in advance. Failure to provide at least six (6) hours' notice of an absence to the Program Manager/Supervisor in advance will result in skipping of a one step in the progression of discipline described below, and the employee shall not be eligible to use sick time to account for the absence. There will be no skipping of a step in the event of tardiness. All call offs with six (6) hours or more notification are considered authorized provided the employee has sick leave on the books.

Each unauthorized absence or late reporting for work will result in the following disciplinary progression, unless the Company determines, in its sole discretion, that mitigating circumstances rendered the event beyond the employee’s control.

With respect to the first unauthorized absence or tardiness within any consecutive twelve (12) month period, a verbal reprimand will be given.

With respect to the second unauthorized absence or tardiness, or first absence without at least six hours’ notice, within any consecutive twelve (12) month period, a written reprimand will be given.

With respect to the third unauthorized absence or tardiness within any consecutive twelve (12) month period, a one-day suspension will be given.

With respect to a fourth unauthorized absence or tardiness, or second absence without at least six hours’ notice, within any consecutive twelve (12) month period, a three-day suspension will be given.

With respect to a fifth unauthorized absence or tardiness, or second absence without at least six hours’ notice, within any consecutive twelve (12) month period, a five-day suspension will be given.

With respect to a sixth unauthorized absence or tardiness within any consecutive twelve (12) month period, or third absence without at least six hours’ notice, the employee will be terminated.

Section 12.3 Open Post. An Open Post occurs when a post that is required to be staffed under the Company’s contract with the Government is not staffed in accordance with the post schedule

– e.g., it is left “open.” Notwithstanding the progression of discipline set forth in Section 12.2, if an employee’s unexcused lateness reporting to work causes an Open Post, a three-day (24 hours) suspension will be given on the first offense. On the second such offense within any consecutive 12-month period, a five-day (40 hours) suspension will be given. On the third offense within a consecutive 12-month period, the employee will be terminated.

It is expressly understood and agreed that this Open Post policy is to be administered in a spirit of fairness, and that the Company retains the right to waive such suspension if it is determined that the lateness reporting to work was the result of circumstances entirely beyond the employee’s control. It is further expressly understood and agreed that traffic delays and congestion, weather delays, childcare issues, and similar circumstances are part of every employee’s daily commute, and it is the employee’s responsibility to anticipate such delays and structure their commute accordingly.

For the purposes of Sections 12.2 and 12.3, the term day will be defined as eight (8) hours.

Section 12.4 Standards of Conduct. The union acknowledges and recognizes that the Company is in the business of providing security services to the United States Government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and Union that all employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. Deviation from or failure to meet this standard shall constitute just cause and result in progressive disciplinary action up to and including termination.