2996 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

The documentation will be submitted

annually as follows:

Covered period Report due date

Oct. 1, 1991–Sep. 30,

1992.

Nov. 1, 1992.

Oct. 1, 1992–Sep. 30,

1993.

Nov. 1, 1993.

All support documentation and

records pertinent to the violations

resolved by the Conciliation Agreement

and submitted to OFCCP shall be

retained until the expiration of the

Conciliation Agreement or consistent

with regulatory requirements (41 CFR

60–3.15) whichever is later.

This Conciliation Agreement shall

remain in full force and effect until such

time as Kimmins is notified by OFCCP

that it has met all of the terms of this

Agreement or for two (2) years following

its execution by the District Director,

whichever comes first.

Part IV: Signatures

This Conciliation Agreement is

hereby executed by and between the

Office of Federal Contract Compliance

Programs and Kimmins Abatement Co.

Dated: November 19, 1991.

Michael O’Brien,

Regional Manager, Kimmins Abatement Co.,

256 3rd Street, Niagara Falls, NY 14303.

Dated: November 20, 1991.

Mary Ellen Bentivogli,

Asst. District Director, Buffalo District Office.

Dated: November 20, 1991.

Allan Cecchini,

Compliance Officer, Buffalo District Office.

Dated: November 20, 1991.

Garland Sweeney,

District Director, Buffalo District Office.

Service Sheet

Case Name: Kimmins Abatement

Corporation and Kimmins

Environmental Services Corp.

Case Number: 94–OFC–20.

Title of Document: Consent Decree.

I hereby certify that on December 21,

1994 a copy of the above-entitled

document was mailed to the following

parties:

Laura Ann Brown,

Legal Technician.

Certified Mail

Director, Office of Administrative

Appeals, U.S. Department of Labor,

Room S–4309, 200 Constitution

Avenue, NW, Washington, DC 20210

Robert Reich, Secretary of Labor, U.S.

Department of Labor, Room S–2018,

200 Constitution Avenue, NW,

Washington, DC 20210

Gretchen M. Luken, Esq., U.S.

Department of Labor, Office of the

Solicitor, 200 Constitution Ave., NW,

Room N–2464, Washington, DC 20210

Robert A. Doren, Esq., Flaherty Cohen

Grande Randazzo Doren P.C., Suite

210, Firstmark Building, 135

Delaware Avenue, Buffalo, NY 14202

Josephine A. Greco, Esq., Offermann,

Cassano, Pigott & Greco, 1776 Statler

Towers, Buffalo, NY 14202–3090

Regular Mail

Office of Federal Contract Compliance

Programs, U.S. Department of Labor,

Room C–3325, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Associate Solicitor, Civil Rights

Division, U.S. Department of Labor,

Room N–2464, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Patricia M. Rodenhausen, Esq., Regional

Solictor, Office of the Solicitor, U.S.

Department of Labor, 201 Varick

Street, Room 707, New York, NY

10014–4811

Solicitor of Labor, Office of the

Solicitor, U.S. Department of Labor,

Room S–2002, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Special Counsel to the Assistant

Secretary of Labor, U.S. Department of

Labor, Employment & Training

Admin., Room N–4671, 200

Constitution Avenue, NW,

Washington, DC 20210

President, Kimmins Abatement

Corporation, 256 Third Street, Niagara

Falls, NY 14303

Garland Sweeney, District Director, U.S.

Department of Labor, Employment

Standards Admin., Office of Federal

Contract Compliance Programs, 6

Fountain Plaza, Suite 300, Buffalo,

NY 14202

Francis Williams, Chief Executive

Officer, Kimmins Environmental

Services Corporation, 1501 Second

Avenue, Tampa, FL 33605

Harry Anbarlian, Acting Regional

Director, U.S. Department of Labor,

Employment Standards Admin.,

Office of Federal Contract Compliance

Programs, 201 Varick Street, Room

750, New York, NY 10014

[FR Doc. 95–747 Filed 1–11–95; 8:45 am]

BILLING CODE 4510–27–M

Office of Federal Contract Compliance

Programs

Kimmins Industrial Service

Corporation, Debarment

AGENCY: Office of Federal Contract

Compliance Programs, Labor.

ACTION: Notice of Debarment, Kimmins

Industrial Service Corporation.

SUMMARY: This notice advises of the

debarment of Kimmins Industrial

Service Corporation (hereinafter

‘‘KISC’’), as an eligible bidder on

Government contracts and subcontracts

and federally-assisted construction

contracts and subcontracts. The

debarment is effective immediately.

FOR FURTHER INFORMATION CONTACT:

Annie Blackwell, Director Program

Policy, Office of Federal Contract

Compliance Programs, U.S. Department

of Labor, 200 Constitution Ave., N.W.

Room C–3325, Washington, D.C. 20210

((202) 219–9430).

SUPPLEMENTARY INFORMATION: On

December 21, 1994, pursuant to 41 CFR

60–30.31, et seq., the Administrative

Law Judge approved a consent decree

which provides: (1) KISC is ineligible

for the award of any Government

contracts or subcontracts for at least 180

days, and thereafter until KISC satisfies

the Deputy Assistant Secretary for

Federal Contract compliance Programs

that KISC is in compliance with

Executive Order 11246, as amended. A

copy of the Consent Decree is attached.

Signed January 5, 1995, Washington, D.C.

Shirley J. Wilcher,

Deputy Assistant Secretary For Federal

Contract Compliance Programs.

United States Department of Labor,

Office of Federal Contract Compliance

Programs, Plaintiff, Kimmins

Abatement Corporation and Kimmins

Environmental Service Corporation,

Defendants; Consent Decree

[Case No. 94–OFC–20]

This Consent Decree is entered into

between the Plaintiff, United States

Department of Labor, Office of Federal

Contract Compliance Programs

(hereinafter ‘‘OFCCP’’), and Defendants

Kimmins Abatement Corporation

(‘‘KAC’’) and Kimmins Environmental

Services Corporation (‘‘KESC’’), in

resolution of the Administrative

Complaint filed by OFCCP pursuant to

Executive Order 11246 (30 Fed. Reg.

12319), as amended by Executive Order

11375 (32 Fed. Reg. 14303) and

Executive Order 12086 (43 Fed. Reg.

46501) (‘‘Executive Order’’). The

Administrative Complaint alleged that

Defendant violated the terms of a

conciliation agreement which was

executed by Defendant KAC and OFCCP

and which became effective on

November 20, 1991.

Part A. General Provisions

1. The record on the basis of which

this consent Decree is entered shall

consist of the complaint and the

Consent Decree and the attachments

thereto.

2. Attachment A of the Consent

Decree consists of the conciliation
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 2997

agreement between OFCCP and KAC

which became effective on November

20, 1991.

3. This Consent Decree shall not

become final until it has been signed by

the Administrative Law Judge, and the

effective date of the Decree shall be the

date it is signed by the Administrative

Law Judge.

4. This Consent Decree shall be

binding upon KAC and KESC and shall

have the same force and effect as an

order made after a full hearing.

5. All further procedural steps to

contest the binding effect of the Consent

Decree, and any right to challenge or

contest the obligations entered into in

accordance with the agreement

contained in this Decree, are waived by

the parties.

6. Subject to the performance of all

duties and obligations contained in this

Consent Decree, all alleged violations

identified in the Administrative

Complaint shall be deemed fully

resolved. However, nothing herein is

intended to relieve Defendants from

compliance with the requirements of the

Executive Order, or its regulations, nor

to limit OFCCP’s right to review

Defendants’ compliance with such

requirements, subject to Defendants’

rights set forth in paragraph 17b of this

agreement.

7. Defendants agree that there will be

no retaliation of any kind against any

beneficiary of this Consent Decree, or

against any person who has provided

information or assistance in connection

with this Decree.

Part B. Jurisdiction and Procedural

History

8. In its initial compliance review of

KAC, OFCCP identified violations of the

Executive Order 11246 and its

regulation by KAC at its Niagara Falls

office.

9. On November 20, 1991, OFCCP and

KAC entered into a conciliation

agreement.

10. The conciliation agreement

required KAC to notify outreach groups

of available employment opportunities.

KAC failed to issue such notification.

11. In addition, the conciliation

agreement obligated KAC to submit two

annual reports to OFCCP so that OFCCP

could monitor the company’s

compliance with the terms of the

conciliation agreement in its Niagara

Falls office. KAC failed to timely submit

such reports.

Part C. Specific Provisions

1. Debarment Period

12. The Office of Administrative Law

Judges shall retain jurisdiction in this

case for a period of nine (9) months

from the effective date of this Consent

Decree.

13. a. KAC and Kimmins Industrial

Service Corporation (‘‘KISC’’) agree not

to bid for or enter into future

Government contracts or subcontracts

for a period of 180 days from the

effective date of this Consent Decree.

b. ThermoCor Kimmins (‘‘TK’’) agrees

not to bid on federal or federally

assisted demolition or asbestos

abatement contracts for a period of 180

days from the effective date of this

Consent Decree. It may, however,

continue to bid on federal or federally

assisted contracts which are for

remediation of hazardous waste or

contamination.

14. Notice of the debarment shall be

printed in the Federal Register. In

addition, OFCCP shall notify the

Comptroller General of the United

States General Accounting Office and all

Federal Contracting Officers that KAC

and KISC are ineligible for the award of

any Government contracts or

subcontracts. TK shall be ineligible for

bidding on the type of contracts noted

above in paragraph 13b. The notice in

the Federal Register shall read, with

respect to TK, ‘‘Limited to demolition

and asbestos abatement; hazardous

waste and contamination work

permitted.’’

15. The debarment shall be lifted at

the conclusion of the 180-day period if

KAC, KISC and TK satisfy the Director

of OFCCP that they are in compliance

with the Executive Order 11246 and its

implementing regulations. Such consent

to lifting the debarment shall not be

unreasonably withheld.

16. In order to satisfy the Director of

OFCCP that they are in compliance with

the Executive Order and its

implementing regulations, KAC, KISC

and TK must accomplish each of the

following regarding the Niagara Falls,

New York, office:

a. KAC, KISC and TK must agree to

list all employment opportunities

within the eight Western New York

counties with the New York State

Employment Service.

b. KAC, KISC and TK must provide

timely notification to female

recruitment sources when they have an

employment opportunity. KAC, KISC

and TK provided OFCCP with a list of

female recruitment sources on

December 12, 1994, in fulfillment of

their obligations under the conciliation

agreement. KAC, KISC and TK must

contact these sources when an opening

is available in the eight Western New

York counties.

c. KAC, KISC and TK agree to provide

five (5) successive reports to the OFCCP

Buffalo Office, 5 Foundation Plaza,

Suite 300, Buffalo, New York, 14202.

Each report will include the following;

1. List for the laborer craft the number

of openings in the eight Western New

York counties during the reporting

period.

2. List of the laborer craft the total

number of applications and the number

of female applications received in each

reporting period within the eight

Western New York counties.

3. Verification for the laborer craft

that the above openings were referred to

the New York State Employment

Service and the female recruitment

sources outlined in 16 a. and b. above

in each reporting period.

4. List for the laborer craft the total

number of hires and the number of

female hires in each reporting period in

the eight Western New York counties.

5. The reports will be due on the date

specified below and will cover the

periods specified. Each report will be

due on the dates designated for the five

successive reports.

Period covered Date due

First report 12/25/94–1/28/95 2/6/95

Second report ........ 1/29/95–3/4/95 3/13/95

Third report 3/5/95–4/8/95 4/17/95

Fourth report ........ 4/9/95–5/6/95 5/15/95

Fifth report 5/7/95–6/3/95 6/12/95

17. In order to satisfy the Director of

OFCCP that it is in compliance with the

Executive Order and its implementing

regulations, KESC and its existing or

newly created subsidiaries agree to

accomplish each of the following:

a. They will not bid on a federal or

federally assisted demolition or asbestos

abatement contract for the period of

debarment. However, it is understood

that this will not preclude Kimmins

Contracting Corporation from bidding or

performing federal or federally assisted

demolition contracts in the state of

Florida. It is further understood that

subsidiaries of KESC, other than KAC

and KISC, will not be precluded from

bidding on federal or federally assisted

contracts which are for dismantling for

resale or rebuilding, and not demolition

or asbestos abatement.

b. Kimmins International Corporation

agrees to withdraw the litigation

pending before the United States

District Court for the Eastern District of

Virginia in Case No. 94–CV–169. The

withdrawal of this lawsuit shall not be

deemed to prejudice the rights of

Kimmins International, KAC, KISC, TK,

KESC or any of its subsidiaries to

initiate future litigation alleging similar

claims as those asserted in the pending
2998 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

matter should OFCCP initiate

enforcement proceedings against KESC

or any of its existing or newly created

subsidiaries after the effective date of

this Consent Decree. This provision

shall not, in any way, preclude the

Secretary of Labor from raising any

defense he deems appropriate to any

newly filed litigation.

c. KESC will hire an EEO Director to

assist its subsidiaries in compliance

with the Executive Order and its

implementing regulations. OFCCP will

provide technical assistance to ensure

compliance within the 180 debarment

period provided herein.

d. KESC and its current and newly

created subsidiaries will file five (5)

successive reports with OFCCP listing

all federal and federally assisted

projects on which it bid and the scope

of such work. The reports will be due

as follows:

Period covered Date due

First report 12/25/94–1/28/95 2/6/95

Second report ........ 1/29/95–3/4/95 3/13/95

Third report 3/5/95–4/8/95 4/17/95

Fourth report ........ 4/9/95–5/6/95 5/15/95

Fifth report 5/7/95–6/3/95 6/12/95

18. The Buffalo District Office shall

review each of the reports and shall

determine whether there has been

compliance with the terms of this

Consent Decree and the terms of the

Executive Order and its implementing

regulations. OFCCP shall notify

Defendants in writing, within ten (10)

days of receipt of each report, if there is

a deficiency. Defendants shall be given

fifteen (15) days to rectify the

deficiency. If rectified within the fifteen

(15) days, such deficiency shall not be

deemed a breach of this agreement. All

mailing shall be done by certified mail/

return receipt.

19. If OFCCP finds that there has been

compliance with the terms of this

Consent Decree and with the terms of

the Executive Order and its

implementing regulations, the

debarment of KAC, KISC and TK shall

be lifted and such companies shall be

free to enter into future Government

contracts and subcontracts. OFCCP will

notify KAC, KISC and TK within ten

(10) days of the last report whether they

will be reinstated. Notice of the

reinstatement shall be printed in the

Federal Register and shall be made to

the Comptroller General of the General

Accounting Office and all Federal

Contracting Officers. It is understood

that OFCCP may conduct an onsite

review at the Niagara Falls, New York,

office or projects in the eight Western

New York countries to ensure

compliance with the Consent Decree

and the Executive Order. However, in

no circumstances shall this review delay

the determination of lifting the

debarment beyond the ten (10) day

period noted in this paragraph.

20. If OFCCP finds that there has not

been compliance with the terms of the

Consent Decree or with the terms of the

Executive Order and its implementing

regulations, OFCCP will notify KAC,

KISC, TK and KESC within ten (10) days

(after the twenty-five (25) day period

noted in paragraph 18, above) that the

debarment shall not be lifted and shall

remain in effect until there is

submission of three (3) consecutive

monthly reports which demonstrate

compliance with the Consent Decree,

the Executive Order and its

implementing regulations. KAC, KISC,

TK and/or KESC may file a motion with

the Administrative Law Judge for review

of the Director’s decision, and such

companies may request a hearing at

which the sole issue will be whether

there has been compliance with the

terms of this Consent Decree and the

Executive Order and its implementing

regulations.

21. Compliance, as used in this

Consent Decree, shall mean that, with

regard to the Niagara Falls, New York,

office, KAC, KISC and TK have satisfied

the provisions of Regulation 41 CFR 60–

4. In addition, KAC will make a good

faith effort to determine whether there

were available qualified female

employees within the eight Western

New York countries who would have

been employed as laborers as the

Niagara Falls location of KAC during the

period of October 1, 1991 to October 1,

1993. KAC agrees to make such

employees whole for lost wages they

would have received from KAC, less

interim earnings, during such period

had they been employed by KAC. In

order to be deemed qualified to work for

KAC, the employee must successfully

complete the medical examination

required under OSHA 1926.58 and

1910.134, successfully pass the

company drug test, and shows that they

had attended and successfully passed

Part 763 of the Asbestos Hazard

Emergency Removal Act with a grade of

at least 70% and had received a state

asbestos license prior to or during the

period to October 1, 1991, to October 1,

1993.

Part D. Implementation and

Enforcement of the Decree

22. Jurisdiction, including the

authority to issue any additional orders

or decrees necessary to effectuate the

implementation of the provisions of this

Consent Decree, is retained by the Office

of Administrative Law Judges for a

period of nine (9) months from the date

this Consent Decree becomes final, or

until debarment is lifted, whichever is

earlier. If any motion is pending before

the Office of Administrative Law Judges

nine (9) months from the date this

Consent Decree becomes final,

jurisdiction shall continue beyond nine

(9) months and until such time as the

pending motion is finally resolved.

23. Enforcement proceedings for

violation of this Consent Decree may be

initiated at any time after the 25-day

period referred to in Paragraph 18 has

elapsed upon filing with the Court a

motion for an order of enforcement and/

or sanctions. The hearing on the motion

shall relate solely to the issues of the

factual and legal claims made in the

motion.

24. Liability for violation of this

Consent Decree shall subject KAC, KISC

and TK to possible sanctions set forth in

the Executive Order and its

implementing regulations.

25. If an application or motion for an

order of enforcement or clarification

indicates by signature of counsel that

the application or motion is unopposed

by the Plaintiff or KAC, KISC, TK and/

or KESC as appropriate, the application

or motion may be presented to the Court

without hearing, and the proposed

Order may be implemented

immediately. If an application or motion

is opposed by any party, the party in

opposition shall file a written response

within twenty (20) days of service. The

Office of Administrative Law Judges

may, if it deems it appropriate, schedule

an oral hearing on the application or

motion.

26. This Consent Decree sets forth the

complete agreement reached by the

parties, including the agreement that

there shall be no cancellation of any

federal or federally assisted contracts or

debarment of any officers of the KAC,

KISC, TK and KESC or its subsidiaries.

27. The Agreement, herein set forth, is

hereby approved and shall constitute

the final Administrative Order in this

case.

It is so ordered, this 21st day of December,

1994.

George P. Morin,

Administrative Law Judge, U.S. Department

of Labor.

So agreed.

On behalf of Kimmins Environmental

Services Corporation.
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 2999

Dated: December 13, 1994.

Edward A. Mackowiak,

Vice President.

On behalf of the Office of Federal Contract

Compliance Programs.

Thomas S. Williamson,

Solicitor of Labor.

James D. Henry,

Associate Solicitor.

Debra A. Millenson,

Senior Trial Attorney.

Dated: December 20, 1994.

Gretchen M. Lucken,

Attorney, U.S. Department of Labor, Room

N–2464, 200 Constitution Ave., N.W.,

Washington, DC 20210, (202) 219–5854.

It is understood that each of the

subsidiaries of KESC will sign this consent

decree in its own name and such signature

page shall be added to the consent decree.

On behalf of Kimmins Abatement

Corporation.

Dated December 14, 1994.

Daniel Hoffner,

Assistant Secretary.

On behalf of Kimmins Industrial Services

Corporation.

Dated: December 14, 1994.

Norman S. Dominiak,

Treasurer.

On behalf of Thermocor Kimmins, Inc.

Dated: December 14, 1994.

Thomas C. Andrews,

President.

On behalf of Kimmins International.

Dated: December 13, 1994.

Joseph M. Williams,

Secretary.

On behalf of Kimmins Contracting

Corporation.

Dated: December 13, 1994.

John V. Simon, Jr.,

President.

On behalf of Transcor Waste Services, Inc.

Dated: December 13, 1994.

Francis M. Williams,

President.

On behalf of Kimmins Recycling Corp.

Charles A. Baker, Jr.

Attachment A—Conciliation Agreement

Between U.S. Department of Labor, Office of

Federal Contract Compliance Programs and

Kimmins Abatement Co., 256 3rd Street,

Niagara Falls, New York 14303

Part I: General Provisions

1. This Agreement is between the

Office of Federal Contract Compliance

Programs (hereinafter OFCCP) and

Kimmins Abatement Co. 255 3rd Street,

Niagara Falls, New York 14303,

(hereinafter Kimmins).

2. The violations identified in this

Agreement were found during a

compliance review of Kimmins which

began on October 22, 1991 and they

were specified in a Notice of Violation

issued October 31, 1991. OFCCP alleges

that Kimmins violated Executive Order

11246, as amended, and implementing

regulations at 41 CFR Chapter 60 due to

the specific violations cited in Part II

below.

3. Subject to the performance by

Kimmins of all promises and

representations contained herein and all

named violations in regard to the

compliance of Kimmins with all OFCCP

programs will be deemed resolved.

However, Kimmins is advised that the

commitments contained in this

Agreement do not preclude future

determinations or noncompliance based

on a finding that the commitments are

not sufficient to achieve compliance.

4. Kimmins agrees that OFCCP may

review compliance with this Agreement.

As part of such review, OFCCP may

require written reports, inspect the

premises, interview witnesses, and

examine and copy documents, as may

be relevant to the matter under

investigation and pertinent to Kimmin’s

compliance. Kimmins shall permit

access to its premises during normal

business hours for these purposes.

5. Nothing herein is intended to

relieve Kimmins from the obligation to

comply with the requirements of

Executive Order 11246, as amended,

and/or Section 503 of the Rehabilitation

Act of 1973, as amended, and/or the

Vietnam Era Veterans’ Readjustment

Assistance Act of 1974, as amended (38

USC 2012) and implementing

regulations, or any other equal

employment statute or executive order

or its implementing regulations.

6. Kimmins agrees that there will be

no retaliation of any kind against any

beneficiary of this Agreement or against

any person who has provided

information or assistance, or who files a

complaint, or who participates in any

manner in any proceedings under

Executive Order 11246, as amended,

Section 503 of the Rehabilitation Act of

1973, as amended, and/or the Vietnam

Era Veterans’ Readjustment Assistance

Act of 1974, as amended (38 USC 2012).

7. This Agreement will be deemed to

have been accepted by the Government

on the date of signature by the District

Director for OFCCP, unless the Regional

Director, OFCP indicates otherwise

within 45 days of the District Director’s

signature of this Agreement.

8. If, at any time in the future, OFCCP

believes that Kimmins has violated any

portion of this Agreement during the

term of this Agreement, Kimmins will

be promptly notified of that fact in

writing. This notification will include a

statement of the facts and circumstances

relied upon in forming that belief. In

addition, the notification will provide

Kimmins with 15 days from receipt of

the notification to respond in writing,

except where OFCCP alleges that such

delay would result in irreparable injury.

Enforcement proceedings for violation

of this Agreement may be initiated at

any time after the 15 day period has

elapsed (or sooner, if irreparable injury

is alleged), without issuing a Show

Cause Notice.

Where OFCCP believes that Kimmins

have violated this Conciliation

Agreement, evidence regarding the

entire scope of Kimmin’s alleged

noncompliance which gave rise to the

Notice of Violations from which this

Conciliation Agreement resulted, in

addition to evidence regarding the

Kimmin’s alleged violation of the

Conciliation Agreement, may be

introduced at enforcement proceedings.

Liability for violation of this

Agreement may subject Kimmins to

sanctions set forth in Section 209 of the

Executive Order, and/or other

appropriate relief.

Part II: Specific Provisions

1. Violation: Kimmins failed to

demonstrate good faith efforts towards

increased female employment, as

required by 41 CFR 60–4.3(a), 7 b, c, and

i, in the following craft(s):

Craft

Goal (%) Utilization (%)

Minority Female Minority Female

Laborer .............................................................................................................................................. 7.7 6.9 12.0 0.0
3000 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices

Remedy: Kimmins accomplished the

following:

a. On October 22, 1991, Kimmins

established and shall maintain a current

list of minority and female recruitment

sources, provide written notification to

minority and female recruitment

sources and to community organizations

when it or its unions have employment

opportunities available, and maintain a

record of the organizations’ responses,

as required by 41 CFR 60–4.3(a) 7b.

b. On October 22, 1991, Kimmins

developed and shall continuously

maintain, a current file of names,

addresses, and telephone numbers of

each minority and female off-the-street

applicant, and minority or female

referral from a union, recruitment

source or community organization, and

what action taken with respect to each

individual. If such individual was sent

to a union hiring hall for referral and

was not referred back to the Contractor,

by the union or, if referred, not

employed by the Contractor, this shall

be documented in the file with the

reason therefore, along with whatever

additional actions the Contractor may

have taken, as required by 41 CFR 60–

4.3(a) 7c.

c. On October 22, 1991, Kimmins

agreed to direct its recruitment efforts,

both oral and written, to minority,

female and community organizations, to

schools with minority and female

students and to minority and female

recruitment and training organizations

serving Kimmins recruitment area and

employment needs, as required by 41

CFR 60–4.3(a) 7i.

2. Violation: Kimmins failed to

maintain and submit the Minority

Employment Utilization Reports (CC–

257) to OFCCP and to record its

employment utilization completely,

accurately, and in a timely manner, as

required by 41 CFR 60–1.4(b)5.

Remedy: On October 22, 1991,

Kimmins began and will continue to

maintain and submit Monthly

Employment Utilization Reports (C–

257) to OFCCP by the 5th of each month

for the preceding month, and record its

employment utilization completely,

accurately, and in a timely manner, as

required by 41 CFR 60–1.4(b)5.

Kimmins agrees to ensure that

violations 1 and 2 listed above will not

recur.

Part III: Reporting

Kimmins agrees to furnish ODCCP,

U.S. Department of Labor, 220 Delaware

Avenue, 609 Jackson Building, Buffalo,

New York 14202 with the following

reports:

1. Copies of letters sent to minority

and female recruitment sources when it

or its unions have opportunities

available and copies of the organizations

responses.

2. A copy of their applicant log for

minorities and females.

3. Copies of letters sent to minority/

female recruitment sources and

community organizations providing

notice of apprentice and training

program opportunities.

4. Any other relevant documentation

the contractor has to substantiate that

each enumerated item in this agreement

is being, and continues to be fulfilled.

The documentation will be submitted

annually as follows:

Covered period Report due date

Oct. 1, 1991–Sep.

30, 1992.

Nov. 1, 1992.

Oct. 1, 1992–Sep.

30, 1993.

Nov. 1, 1993.

All support documentation and

records pertinent to the violations

resolved by the Conciliation Agreement

and submitted to OFCCP shall be

retained until the expiration of the

Conciliation Agreement or consistent

with regulatory requirements (41 CFR

60–3.15) whichever is later.

This Conciliation Agreement shall

remain in full force and effect until such

time as Kimmins is notified by OFCCP

that it has met all of the terms of this

Agreement or for two (2) years following

its execution by the District Director,

whichever comes first.

Part IV: Signatures

This Conciliation Agreement is

hereby executed by and between the

Office of Federal Contract Compliance

Programs and Kimmins Abatement Co.

Dated: November 19, 1991.

Michael O’Brien,

Regional Manager, Kimmins Abatement Co.,

256 3rd Street, Niagara Falls, NY 14303.

Dated: November 20, 1991.

Mary Ellen Bentivogli,

Asst. District Director, Buffalo Distirct Office.

Dated: November 20, 1991.

Allan Cecchini,

Compliance Officer, Buffalo District Office.

Dated: November 20, 1991.

Garland Sweeney,

District Director, Buffalo District Office.

Service Sheet

Case Name: Kimmins Abatement

Corporation and Kimmins

Environmental Services Corp.

Case Number: 94–OFC–20.

Title of Document: Consent Decree.

I hereby certify that on December 21,

1994, a copy of the above-entitled

document was mailed to the following

parties:

Laura Ann Brown,

Legal Technician.

Certified Mail

Director, Office of Administrative

Appeals, U.S. Department of Labor,

Room S–4309, 200 Constitution

Avenue, NW, Washington, DC 20210

Robert Reich, Secretary of Labor, U.S.

Department of Labor, Room S–2018

200 Constitution Avenue, NW,

Washington, DC 20210

Gretchen M. Luken, Esq., U.S.

Department of Labor, Office of the

Solicitor, 200 Constitution Ave., NW,

Room N–2464, Washington, DC 20210

Robert A. Doren, Esq., Flaherty Cohen

Grande Randazzo Doren P.C., Suite

210, Firstmark Building, 135

Delaware Avenue, Buffalo, NY 14202

Josephine A. Greco, Esq., Offermann,

Cassano, Pigott & Greco, 1776 Statler

Towers, Buffalo, NY 14202–3090

Regular Mail

Office of Federal Contract Compliance

Programs, U.S. Department of Labor,

Room C–3325, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Associate Solicitor, Civil Rights

Division, U.S. Department of Labor,

Room N–2464, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Particia M. Rodenhausen, Esq., Regional

Solicitor, Office of the Solicitor, U.S.

Department of Labor, 201 Varick

Street, Room 707, New York, NY

10014–4811

Solicitor of Labor, Office of the

Solicitor, U.S. Department of Labor,

Room S–2002, FPB, 200 Constitution

Avenue, NW, Washington, DC 20210

Special Counsel to the Assistant

Secretary of Labor, U.S. Department of

Labor, Employment & Training

Admin., Room N–4671, 200

Constitution Avenue, NW,

Washington, DC 20210

President, Kimmins Abatement

Corporation, 256 Third Street, Niagara

Falls, NY 14303

Garland Sweeney, District Director, U.S.

Department of Labor, Employment

Standards Admin., Office of Federal

Contract Compliance Programs, 6

Fountain Plaza, Suite 300, Buffalo,

NY 14202

Francis Williams, Chief Executive

Officer, Kimmins Environmental

Services Corporation, 1501 Second

Avenue, Tampa, FL 33605

Harry Anbarlian, Acting Regional

Director, U.S. Department of Labor,

Employment Standards Admin.,

Office of Federal Contract Compliance
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Notices 3001

Programs, 201 Varick Street, Room

750, New York, NY 10014

[FR Doc. 95–748 Filed 1–11–95; 8:45 am]

BILLING CODE 4510–27–M

Thermocor-Kimmins, Incorporated,

Debarment

AGENCY: Office of Federal Contract

Compliance Programs, Labor.

ACTION: Notice of Debarment,

Thermocor-Kimmins, Inc.

SUMMARY: This notice advises of the

debarment of Thermocor-Kimmins, Inc.

(hereinafter ‘‘Thermocor’’), as an eligible

bidder on Government contracts and

subcontracts and federally-assisted

construction contracts and subcontracts.

The debarment is limited to asbestos

abatement and demolition work;

Thermocor may continue to bid on

remediation of hazardous waste and

contaminated waste. The debarment is

effective immediately.

FOR FURTHER INFORMATION CONTACT:

Annie Blackwell, Director Program

Policy, Office of Federal Contract

Compliance Programs, U.S. Department

of Labor, 200 Constitution Ave., N.W.

Room C–3325, Washington, D.C. 20210

((202) 219–9430).

SUPPLEMENTARY INFORMATION: On

December 21, 1994, pursuant to 41 CFR

60–30.31, et seq., the Administrative

Law Judge approved of a consent decree

which provides: (1) Thermocor is

ineligible for the award of Government

contracts or subcontracts for asbestos

abatement or demolition work only for

at least 180 days, and thereafter until

Thermocor satisfies the Deputy

Assistant Secretary for Federal Contract

Compliance Programs that Thermocor is

in compliance with Executive Order

11246, as amended. Thermocor will

remain eligible to bid on Federal or

federally-assisted contracts which are

for remediation of hazardous waste or

contamination. A copy of the Consent

Decree is attached.

Signed January 5, 1995, Washington, D.C.

Shirley J. Wilcher,

Deputy Assistant Secretary For Federal

Contract Compliance Programs.

United States Department of Labor,

Office of Federal Contract Compliance

Programs, Plaintiff, Kimmins

Abatement Corporation and Kimmins

Environmental Service Corporation,

Defendants

Consent Decree

[Case No. 94–OFC–20]

This Consent Decree is entered into

between the Plaintiff, United States

Department of Labor, Office of Federal

Contract Compliance Programs

(hereinafter ‘‘OFCCP’’), and Defendants

Kimmins Abatement Corporation

(‘‘KAC’’) and Kimmins Environmental

Services Corporation (‘‘KESC’’), in

resolution of the Administrative

Complaint filed by OFCCP pursuant to

Executive Order 11246 (30 Fed. Reg.

12319), as amended by Executive Order

11375 (32 Fed. Reg. 14303) and

Executive Order 12086 (43 Fed. Reg.

46501) (‘‘Executive Order’’). The

Administrative Complaint alleged that

Defendant violated the terms of a

conciliation agreement which was

executed by Defendant KAC and OFCCP

and which became effective on

November 20, 1991.

Part A. General Provisions

1. The record on the basis of which

this Consent Decree is entered shall

consist of the Complaint and the

Consent Decree and the attachments

thereto.

2. Attachment A of the Consent

Decree consists of the conciliation

agreement between OFCCP and KAC

which became effective on November

20, 1991.

3. This Consent Decree shall not

become final until it has been signed by

the Administrative Law Judge, and the

effective date of the Decree shall be the

date it is signed by the Administrative

Law Judge.

4. This Consent Decree shall be

binding upon KAC and KESC and shall

have the same force and effect as an

order made after a full hearing.

5. All further procedural steps to

contest the binding effect of the Consent

Decree, and any right to challenge or

contest the obligations entered into in

accordance with the agreement

contained in this Decree, are waived by

the parties.

6. Subject to the performance of all

duties and obligations contained in this

Consent Decree, all alleged violations

identified in the Administrative

Complaint shall be deemed fully

resolved. However, nothing herein is

intended to relieve Defendants from

compliance with the requirements of the

Executive Order, or its regulations, nor

to limit OFCCP’s right to review

Defendants’ compliance with such

requirements, subject to Defendants’

rights set forth in paragraph 17b of this

agreement.

7. Defendants agree that there will be

no retaliation of any kind against any

beneficiary of this Consent Decree, or

against any person who has provided

information or assistance in connection

with this Decree.

Part B. Jurisdiction and Procedural

History

8. In its initial compliance review of

KAC, OFCCP identified violations of the

Executive Order 11246 and its

regulation by KAC at its Niagara Falls

office.

9. On November 20, 1991, OFCCP and

KAC entered into a conciliation

agreement.

10. The conciliation agreement

required KAC to notify outreach groups

of available employment opportunities.

KAC failed to issue such notification.

11. In addition, the conciliation

agreement obligated KAC to submit two

annual reports to OFCCP so that OFCCP

could monitor the company’s

compliance with the terms of the

conciliation agreement in its Niagara

Falls office. KAC failed to timely submit

such reports.

Part C. Specific Provisions

1. Debarment Period

12. The Office of Administrative Law

Judges shall retain jurisdiction in this

case for a period of nine (9) months

from the effective date of this Consent

Decree.

13. a. KAC and Kimmins Industrial

Service Corporation (‘‘KISC’’) agree not

to bid for or enter into future

Government contracts or subcontracts

for a period of 180 days from the

effective date of this Consent Decree.

b. ThermoCor Kimmins (‘‘TK’’) agrees

not to bid on federal or federally

assisted demolition or asbestos

abatement contracts for a period of 180

days from the effective date of this

Consent Decree. It may, however,

continue to bid on federal or federally

assisted contracts which are for

remediation of hazardous waste or

contamination.

14. Notice of the debarment shall be

printed in the Federal Register. In

addition, OFCCP shall notify the

Comptroller General of the United

States General Accounting office and all

Federal Contracting Officers that KAC

and KISC are ineligible for the award of

any Government contracts or

subcontracts. TK shall be ineligible for

bidding on the type of contracts noted

above in paragraph 13b. The notice in

the Federal Register shall read, with

respect to TK, ‘‘Limited to demolition

and asbestos abatement; hazardous

waste and contamination work

permitted.’’

15. The debarment shall be lifted at

the conclusion of the 180-day period if

KAC, KISC and TK satisfy the Director

of OFCCP that they are in compliance

with the Executive Order 11246 and its

implementing regulations. Such consent